13
A.—4,
(5.) In which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth— the High Court shall have original jurisdiction. Additional original jurisdiction. 76. The Parliament may make laws conferring original jurisdiction on the High Court in any matter— (1.) Arising under this Constitution, or involving its interpretation : (2.) Arising under any laws made by the Parliament: (3.) Of Admiralty and maritime jurisdiction : (4.) Eclating to the same subject-matter claimed under the laws of different States. Power to define jurisdiction. 77. With respect to any of the matters mentioned in the last two sections the Parliament may make laws— (1.) Defining the jurisdiction of any Federal Court other than the High Court: (2.) Defining the extent to which the jurisdiction of any Federal Court shall be exclusive of that which belongs to or is vested in the Courts of the States : (3.) Investing any Court of a State with federal jurisdiction. Proceedings against Commonwealth or State. 78. The Parliament may make laws conferring rights to proceed against the Commonwealth or a State in respect of matters within the limits of the judicial power. Number of Judges. 79. The federal jurisdiction of any Court may be exercised by such number of Judges as the Parliament prescribes. Trial by Jury. 80. The trial of indictment of any offence against any law of the Commonwealth shall be by jury, and every suoh trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes. CHAPTBE XV. : . FINANCE AND TRADE. Consolidated Revenue Fund. 81. AH revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution. Expenditure charged thereon. 82. The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth. Money to be appropriated by law. 83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law. But until the expiration of one month after the first meeting of the Parliament the GovernorGeneral in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the Commonwealth, and for the holding of the first elections for the Parliament. Transfer of offioers. 84. When any department of the public service of a State becomes transferred to the Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Commonwealth. Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, or other compensation payable under the law of the State on the abolition of his office. Any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring-allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring-allowance shall be paid to him by the Commonwealth; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer. Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same.: rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.