THE COMMONWEALTH ACT

New Zealand Times, Volume LXXI, Issue 4259, 19 January 1901, Page 8 (Supplement)

THE COMMONWEALTH ACT

WHAT IT PROVIDES. (The “Australasian.”) The leading features of the constitution on which the Commonwealth is founded are hero .set out, divested, as far as possible, of legal arid technical language. The constitution provides for a federation under the Grown with the name of the Commonwealth of Australia, and the constitution is indissoluble. It comes into force ny Imperial proclama. tion. The Executive power is vested in a Governor-General, to oo appointed by the Queen, assisted by a Federal Executive Council or Ministry, appointed by the Governor-General. The seat of Government is to bo determined by Parliament, subject to the condition that it is to bo in Now South Wales, and distant not less than one hundred miles from Sydney. The area is to be not less than ono hundred square miles, and such portion of it as i.s Crown lands is to be granted to the Commonwealth without payment. The Parliament is to sit in Melbourne till it meets at tho scat of government. The Parliament is to consist of two Houses —the Senate and the House of Representatives—and both arc to he elected by the people on the franchise existing in tho various states for the more numerous House at the time of union. The Senate is to ho elected for a period of six years and the House of Representatives for three years. Every state joining the federation at its inception is entitled to an equal representation of six members in the Senate, and half the number of senators are to retire every three years, but are eligible for re-election. The number of members of the House of Representative? is to be as near as possible twice the number of senators, the states to be represented in proportion to population, provided that no state entering the federation as an original state is to have less than five representatives. The numbers of representatives are as follows;—New South Wales, 26; Victoria, 23/; Queensland, 9; South Australia, 7; Western Australia, 5; Tasmania, 5. No elector is to have more than one vote. The qualification of members is the same for each House. Ho must bo twenty-one years of age and entitled to vote as an elector of the-House of Representatives, or qualified to become an elector. He must have been resident for three years within the Commonwealth, be a naturalhorn, or for five years a naturalised, subject of the Queen. Any person under allegiance to a foreign power, any criminal, any undischarged insolvent, any person holding an office of profit under the Commonwealth, or having pecuniary interest in any agreement with the public service of tho Commonwealth otherwise than as a member of a company of over 25 persons is incapable of sitting as a senator or member of the House of Representatives. An allowance is to be paid to members of both Houses of'£4oo per annum.

The Ministers of state are not to exceed seven in number, and an annual sum not exceeding £12,000 is provided for their salaries. The appointment of judges and public servants is vested in the Governor in Council, who will have control, subject to the authority of Parliament. over the state departments. The customs and Excise Departments are to be transferred to? the Commonwealth on the establishment of the Commonwealth, and the following departments on a date or dates to be proclaimed by the Governor in Council: -—Post, tele, graphs and telephones, naval and military defence, lighthouses, lightships, beacons and buoys, and quarantine. The Parliament has power over such matters only as are specifically transferred to it, all other matters remaining within the control of the states. Parliament has power to make laws with respect to the following subjects:—, Trade and commerce with other countries, and among the states. Taxation, but not to discriminate be. tween states or parts of states. Bounties on production or export of goods; bounties to be uniform. Borrowing money on credit of Commonwealth. Postal, etc., services. Naval and military defence, and control of forces. Lighthouses, etc. Astronomical and meteorological observations. Quarantine. Fisheries.

Census and statistics. Currency coinage. Banking. Insurance.Weights and measures. Bills of Exchange. Insolvency. Coyyrights, patents, trade-marks. Naturalisation and aliens. Trading and financial corporations. Marriage. Divorce and matrimonial matters, including parental rights and custody of infants. ■ Invalid and old-age pensions. Service of process. Recognition of Commonwealth laws, etc. Special laws for people of any race. Immigration and emigration. The influx of criminals. External affairs. Relations with Pacific Islands, Acquisition of property. Control of railways for nayal and mili- ' tary purposes. Acquisition of state railways, with consent of state. Conciliation and arbitration. Matters in respect of which this constitution makes provision until Parliament otherwise provides. Matters referred to the Parliament by the states. Exercise of any powers which can now be exercised by the British Parliament or by the Federal Council (with the concurrence of states.) Matters incidental to the execution of any powers vested in the Parliament. i Proposed laws appropriating revenue or imposing taxation are not to originate in the Senate. The Senate may not amend laws imposing taxation or appropriating revenue, or any law so as to increase any proposed burden on the people, but the Senate may return to the House of Representatives any such proposed law, requesting the amendment or omission of any items. In all Other matters the Senate has equal power -with the House of Representatives. Appropriation and taxation bills are to deal only with such appropriation or taxation. Laws imposing Customs duties are to deal , with Customs ouly, and excise laws with excise only. These provisions prevent the “tacking” of any other proposed law to money hills or taxation bills. Money votes can only originate by message from the GovernorGeneral. Provision is made for dealing with disagreements between the two Houses as follows:—If the Senate rejects or fails to pass any proposed law passed by the House of-Representatives twice with an interval of three months befcwecin thq_ G o vernbf- General may dissolve both" Houses simultaneously, provided that the House of Representatives is not

within six months of its expiry by effluxion of time. If the House, still disagree after the dissolution, the GovernorGeneral may convene a joint sitting, at which the two Houses will deliberate and vote together. If the bill is then passed by an absolute majority of the total number of both Houses the bill will be passed. Tho judicial power of the Commonwealth is to bo vested m a Federal Supreme Court to he called the High Court of Australia, and such other courts as Parliament may create. The High Court is to consist of a Chief Justice and not less than two other justices. Tho justices are to be appointed by tho Governor in Council, and may only be removed on an address from the two Houses of Parliament, and may not bo diminished during their term of office. Tho High Court is to have jurisdiction to hear and determinate appeals from justices exercising th 0 usual federal jurisdiction, or from tho Federal Supreme Court of any state, and from the Interstate Commission, as to questions of lawonly. In all such cases its decision is final and conclumvo.

Until Parliament otherwise provides tho conditions and restrictions on appeal to tho Queen in Council from the Supreme Courts of the several states arc to be applicable to appeals from them to tho High Court. Tho High Court is to exercise original jurisdiction in all matters arising under any treaty, affecting consuls or representatives of other countries, in which the Commonwealth is a party; between states, residents of different states, or between a state and a resident of another state; mandamus, injunction, etc., against an officer of the Commonwealth.

Additional jurisdiction may bo given by Parliament in matters arising under constitution, or involving Its interpret;!, tion; arising under any laws made by the Parliament; relating to same subject matter claimed under the law-s of different states.

No appeal is permitted to the Queen in Council from a decision of the xt igh Court upon any question, howsoever arising, as to the limits inter se of the constitutional powers of tlio Commonwealth, and those of any state or states, or as to the limits inter se of the constitutional powers of any two or more states, unJess tin; High Court certifies that the question is one that ought to bo determined by Her Majesty in Council. The High Court may so certify if satisfied for any special reason the certificate should he granted, and thereupon an appeal will lie to the Queen in Council without further leave. Excepting for the preceding provision, the constitution is not to impair any right which the Queen may be pleased to exercise by virtue of her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such an appeal may ho asked, but such proposed limitations are to be reserved by the Governor-General for Her Majesty’s pleasure. Trial for any offence is to bo by jury, and is to be conducted in the state where the offence was committed.

Provision is made to protect the rights of public servants of any state who are transferred to the service of the Commonwealth. When any department is transferred to the Commonwealth all property of the state exclusively used in connection therewith is to be vested in the Commonwealth,' but in regard to customs and excise for such time only as the Governor in Council may declare necessary. The Commonwelath is to compensate the state for the value of the property so transferred. For ten years at least three-fourths of the revenue from customs and excise is to bo returned to the states, or applied to the interest on debts of the states. Uniform duties of customs are to he imposed within two years. Until they are imposed the balance of customs duties collected is to bo returned in proportion to the contribution of each state after it is debited with its share of the federal expenditure according to population and the cost of administering the departments transferred. From the time of the imposition of uniform duties of customs the power of the Commonwealth over customs and excise becomes exclusive, but if fibe Commonwealth Parliament consents states may grant bounties in aid of mining or export of produce. As soon as the uniform tariff is imposed intercolonial free trade will pre. vail.

During the first five years after the federal tariff is imposed an account is to be kept of the duties collected in each state or allowable to each state, and the surplus is to be paid back in proportion to the amount collected, but after five years it may be distributed as Parliament may deem fair. During five years Western Australia is allowed to reduce its intercolonial duties by one-fifth, per cent. During ten years' Parliament may graht financial assistance to any state on such terms and conditions as it thinks fit. The power of Parliament to make laws with, respect to trade and commerce extends to navigation and shipping, and to railways the property of any state, but the Commonwealth is not by any law to give preference to any state or part of a state, over another state or part of a state ; nor is it by any law or regulation i to abridge the right of a state or the residents therein to the reasonable use of the waters of rivers for conservation of irrigation. An Inter-State Commission is to be appointed, with power to secure the execuj tion and maintenance within the Commonwealth of the provisions of the constitution relating to trade and commerce, and of all laws made thereunder. The members arc to be appointed by the Governor-General in Council, and are | to hold office for seven years unless removed by an address from both Houses, and their remuneration is to bo fixed by I Parliament. | Parliament has power to make laws l forbidding as to railways any preference or discrimination which may be deemed by the Inter-State Commission to be undue and unreasonable, regard being had to the financial obligations incurred by the state in connection with the construction and maintenance of it s railways, but any rate will be allowable which is deemed by the Inter-State Commission to bo necessary for the development of the territory of the state, and if the rate applies equally to goods within tho state and to goods passing into the state from other states. Parliament may take over the debts of the states, or any portion thereof, for purposes of conversion, renewal, or consolidation. The laws of the states and the powers of tile state Parliaments (except such as arg vested in the Commonwealth) are to continue, but if a law ,of a state is inconsistent with a law of the Commonwealth, tho latter is to prevail to the extent of the inconsistency. Power is given to tho Parliament of a state to surrender territory to the Commonwealt!/.. The-states are forbidden, without the consent of the Parliament of th«A Commonwealth, to raise or maintain any naval or military force, or impose any L £ax on property belonging to the Com--monwealth, nor is the Commonwealth to tax any property belonging to-'llic states. A state is not to coin money

or make anything hut gold and silver coin legal tender in payment of debts. The Commonwealtn is prohibited from making any law* establishing any religion or prohibiting the free exercise of any religion, and no religious test is to be required as a qualification for any office or public trust. 'The Commonwealth is required to protect every state against invasion, and if applied to by the Government of the state against domestic violence. Parliament is empowered to admit to tho Commonwealth or establish any new states, and may impose such terms and conditions, including the extent of representation in cither House of Parliament, as it thinks fit. The Parliament may, with the consent of the Parliament of a state, and tho approval of tho majority of electors of the state voting upon the question, increase, diminish, or otherwise alter the limits of the, state. _ A new- state may bo formed by separation of territory from a state, hut only with tho consent of the Parliament of such state, and a. now state may be formed bv the union of two or more states, or parts of states, hut only with fhe consent of the Parliaments of the states affected. In reckoning the. numbers of the people of the Commonwealth, or of a state, aboriginal natives arc not to bo counted. • Tho constitution cannot bo altered except in the following manner;—The proposed amendment must first be passed by an absolute majority in each House of Parliament, and must then be submitted to the electors hi each state who are qualified to vote for tho House of Representatives. If a proposed amendment has been passed twice in one House by an absolute majority, and the other House twice rejects it, or passes it with an amendment to which the first-men-tioned House will not agree, tho Gover-nor-General may .submit the proposed amendment to (he people. Until women have votes throughout Die Commonwealth only one-half the electors voting for or against the proposed amendment in tho states where adult suffrage pre- ! vails are to h 0 counted. If. in the maIjority of the states a majority of the electors voting approve the proposed amendment, it will be presented for the Queen’s assent. No alteration diminishing the proportionate representation of any .state in either House of Parliament, or tho mimimum number of representatives of a state in the House of Rcpre. sentatives or increasing, diminishing, or other altering tho limits of the state, or in any matter affecting the provisions of the constitution thereto, is to bo made unless the majority of the electors voting in that state approve.