A.—s

34

The Bill.

Explanation.

(3.) Shall receive such remuneration as the Parliament may fix ; but such remuneration shall not be diminished during their continuance in office. 103. Nothing in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the Inter-State Commission to .be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States. 104. The Parliament may take over from the States their public debts as existing at the establishment of the Commonwealth, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States. CHAPTER V.—THE STATES. 105. The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State. 106. Every power of the Parliament of a colony which has become or becomes a State shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be. 107. Every law in force in a colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State ; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the colony had until the colony became a State. 108. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. 109. The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of a State, or other chief executive officer or administrator of the Government of the State. 110. The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State

whether it was in substance a differential or preferential rate for the purpose of preventing traffic from flowing in its natural geographical direction. Section 104. Parliament may at any time take over from the States their public debts as existing at the establishment of the Commonwealth, subject to certain terms and conditions. Sections 105 to 119. The constitution of each State is preserved as at establishment of Commonwealth. The powers of every State Parliament continue as at the establishment, &c, save those powers exclusively vested in the Federal Parliament, or withdrawn from the State Parliament. (See sections 51 and 52.) Laws in force in a State relating to matters within the power of the Federal Parliament —(see section 51) —continue in force in the State, and the State Parliaments may alter and repeal the same as if there were no federation until the Federal Parliament makes provision in that behalf. (See notes to section 51.) When a State law is inconsistent with a law of the Commonwealth the latter prevails, and the former is invalid to the extent of the inconsistency. States may surrender territory to the Commonwealth. States may levy charges necessary for execution of inspection laws, but the produce of such charges must be paid to the Commonwealth. States may legislate concerning intoxicants imported into a State in the same way as if such liquors had been produced in the State. Prohibitions. —A State cannot keep a naval or military force without the consent of the Commonwealth, A State cannot impose a tax on the property of the Commonwealth. The Commonwealth cannot impose a tax on the property of a State. A State cannot coin money. A State cannot make anything but gold and silver a legal tender. The Commonwealth may not make any law establishing any religion, or dealing with any religious matter. A subject of the Queen resident in any State may not, in any other State, be affected by any disability or discrimination which would not be equally applicable to him if he were resident in such State. The Commonwealth is bound to protect the