AUSTRALIAN STATES CONSTITUTION ACT, 1907 7 Edw

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AUSTRALIAN STATES CONSTITUTION ACT, 1907 7 Edw 703 AUSTRALIAN STATES CONSTITUTION ACT, 1907 7 Edw. 7, c. 7 (Imperial) An Act to amend the Law relating to the Reservation for His Majesty's pleasure of Bills passed by the Legislatures of the States forming part of the Commonwealth of Australia, and to confirm certain Acts passed by those Legislatures. [2 August 1907] 1. Reservation of Bills. ( 1) There shall be reserved, for the signification of His Majesty's pleasure thereon, every Bill passed by the Legislature of any State forming part of the Commonwealth of Australia which- (a) Alters the constitution of the Legislature of the State or of either House thereof; or (b) Affects the salary of the Governor of the State; or (c) Is, under any Act of the Legislature of the State passed after the passing of this Act, or under any provision contained in the Bill itself, required to be reserved; but, save as aforesaid, it shall not be necessary to so reserve any Bill passed by any such Legislature: Provided that- (a) Nothing in this Act shall affect the reservation of Bills in accordance with any instructions given to the Governor of the State by His Majesty; and (b) It shall not be necessary to reserve a Bill for a temporary law which the Governor expressly declares necessary to be assented to forthwith by reason of some public and pressing emergency; and (c) It shall not be necessary to reserve any Bill if the Governor declares that he withholds His Majesty's assent, or if he has previously received instructions from His Majesty to assent and does assent accordingly to the Bill. (2) For the purposes of this section a Bill shall not be treated as a Bill altering the constitution of the Legislature of a State or of either House thereof by reason only that the Bill- (a) Creates, alters, or affects any province, district, or town, or division of a province, district, or town, which returns one or more members to either House of the Legislature; or (b) Fixes or alters the number of members to be elected for any such province, district, or town, or division of a province, district, or town; or (c) Increases or decreases the total number of elective members of either House of the Legislature; or (d) Concerns the election of the elective members of the Legisla­ ture, or either House thereof, or the qualifications of electors or elective members. 704 CONSTITUTION Vol. 2 (3) Section thirty-three of the Australian Constitutions Act, 1842, shall apply to Bills reserved under this Act in like manner as it applies to Bills reserved under that Act with the substitution of references to a State forming part of the Commonwealth of Australia for references to the colony of New South Wales, and of references to both Houses of the Legislature of the State for references to the Legislative Council. ( 4) So much of any Act of Parliament or Order in Council as requires any Bill passed by the Legislature of any such State to be reserved for the signification of His Majesty's pleasure thereon, or to be laid before the Houses of Parliament before His Majesty's pleasure is signified, and, in particular, the enactments mentioned in the Schedule to this Act, to the extent specified in the third column of that Schedule, shall be repealed both as originally enacted and as incorporated in ::>r applied by any other Act of Parliament or any Order in Councilor leW!rs patent. Act referred to: Australian Constitutions Act, 1842, 5 & 6 Vic. c. 76, see p. 684 ante. See the Royal Instructions to the Governor, c. VII, p. 813 post; Colonial Courts of Admiralty Act, 1890, s. 4 (Imperial), title ADMIRALTY, Vol. 1, p. 125; Merchant Shipping Act, 1894, ss.735, 736 (Imperial), title SHIPPING. As to commencement of reserved Acts, see Acts Interpretation Ads, 1954 to 1962, s. 15, title ACTS OF PARLIAMENT, Vol. 1, p. 85. A Bill providing that members of a particular statutory commission shall not be disqualified under a provision of the Constitution Act disqualifying persons accepting an office of profit under the Crown, does not require to be reserved under this section (Clydesdale v. Hughes (1934),51 C.L.R. 518). In Taylor v. A.-G. for Queensland (1917),23 C.L.R. 457, the validity of assent given by the Governor was admitted when it appeared that he had, prior to assenting, received instructions from His Majesty giving him authority to assent. 2. Confirmation of certain Australian Acts. (1) Any Act passed by the Legislature of any such State, and assented to in the name of His Majesty by the Governor and not disallowed by His Majesty before the passing of this Act, shall, notwithstanding that the Bill for the Act ought to have been but was not reserved for the signification of His Majesty's pleasure thereon, and notwithstanding that it ought to have been but was not duly laid before both Houses of Parliament, be deemed to be and to have been as from the date of that assent as valid as if the Bill had been so reserved and as if it had been laid before both Houses of Parliament, and as if His Majesty's assent to the Bill had been duly given and signified in the State at the date aforesaid. (2) For the purposes of this section references to Acts passed by the Legislature of a State shall be construed as including references to Acts passed before the establishment of the Commonwealth of Australia by the Legislature of any colony which now forms part of the Commonwealth, and references to His Majesty shall be construed as including references to Her late Majesty. 3. Short title. This Act may be cited as the Australian States Constitution Act, 1907. AUSTRALIAN STATES CONSTITUTION ACT, 1907 ss. 1-3. Sch. 705 SCHEDULE ENACTMENTS REPEALED Session and Chapter Short title Extent of Repeal ------------------------i----------------- 5 & 6 Vic. c. 76 The Australian Consti­ Section thirty-one, from "and all Bills tutions Act, 1842 altering" to the end of the section 7 & 8 Vic. c. 74 The Australian Consti­ Sections seven and eight tutions Act, 1844 13 & 14 Vic. c. 59 The Australian Consti­ In section twelve, the words "and the tutions Act, 1850 reservation of Bills for the signification of Her Majesty's pleasure thereon, and the Bills so reserved" Section thirty-two, from "Provided always" to the end of the section Section thirty-three 8 & 19 V:c. c. 54 The New South Wales In section three, the words "and the Constitution Act, reservation of Bills for the signification 1855 of Her Majesty's pleasure thereon" 18 & 19 Vi:. c. 55 The Victoria Constitut­ In section three, the words "and the ion Act, 1855 reservation of Bills for the signification of Her Majesty's pleasure thereon" 25 & 26 Vi.:. c. II The Australian Consti­ Section two tutions Act, 1862 53 & 54 Vic. c. 26 The Western Australia In section two, the words "and the Constitution Act, reservation of Bills for the signification 1890 of Her Majesty's pleasure thereon" ---------.----.---.----~---------------- 23 .
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