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Constitution CONSTITUTION Page. Appropriation Acts. (2'lrl .w Ads Acri~ rot hrc )I wpri~rlul.) Constitution Act of 1867 (31 Vic, No. 38) . .. .. .. 494 Constitution Act Amendment Act of 1871 (34 Vic. No. 28) . 518. Constitution Act Amendment Act of 1890 (54 Vic. No. 3) . 518 Constitution Act Amendment Act of 1898 (60 Vic. No. 5) . 5192 Constitution Act of 1867 Amendment Act of 1905 (5 Edw. VII. No. 3) .. .. .. .. *. .. .. .. 536, Constitution Act Amendment Act of 1908 (8 Edw. VII. No. 2) 522, Constitution Act Amendment Act of 1909 (9 Edw. VII. No. 18) 523 Constitution Act Amendment Act of 1919, No. 2 (10 Geo. V. No. 3) . .. .. .. .. .. .. 0. 523. Constitution Act Amendment Act of 1922 (12 Geo. V. No. 32) 524 Constitution Act Amendment Act of 1926 (17 Geo. V. No. 2) . 526 Constitution Act Amendment Act of 1929 (20 Geo. TT. No, 4) . 627 Constitution Act Amendment Act of 1934 (24 Geo. V. No. 35) . 53cb Constitution Act Amendment Act of 1935 (26 Geo. V. No. 38) . 533. Constitution Act Amendmest Act of 1936 (1Edw. VIII. No. 34) 534. Constitution (Legislative Assembly) Act of 1933 (24 Geo. V. No. 1) .. .. .. .. *. .. .. *. 527 Demise of the Crown Act of 1910 (1 Geo. V. No. 21) . .. 543. Department of Justice Act of 1876 (40 Vic. No. 18) . .. 537 Governor's Salmy Act of 1872 (36 Vic. No. 9) . .. .. 5351 Legislative Assembly Act of 1867 (31 Vic. No. 21) . .. 512, Legislative Assembly Act Amendment Act of 1922 (13 Geo. V. No. 6) .I .. .. .. .. .. .. .. 525. Officials in Parliament Act of 1896 (60 Vic. No. 3) . .. 539 Officids in Paxliament Act Amendment Act of 1920 (11 Geo, V, No. 6) . .. -. .. .. .. .. .. 542: ' Officials in Parliament Act Amendment Act of 1922 (13 Geo. V. No. 12) . .. .. .. .. .. .. .I 542: Parliamentary Bills Referendum Act of 1908 (8 Edw. VII. No, 16). (This Act, zohich is wow spent, has ?lot bee% repti)ttrd. POTtht Act, see Volwnc 1 of flit 1911 Repr;flt, p. 328.) Queensland Coast Islands Act of 1879 (43 Vic, No. 1) . .. 5383 487 “488 Impetmi[il dcl‘s n itcl Iiist riiIN (’11 ts. Pi1g e. Australian Colonies Act, 1861 (24 & 25 Vic. c. 44) . 576 Australian Constitutions Act, 1842 (5 & 6 Vic. c. 76) . 558 Australian Constitutions Act, 1844 (7 & 8 Vic. c. 74) . 562 Australian Constitutions Act, 1850 (13 & 14 Vic. c. 59), ss. 6, 34-36 .. .. .. .. .. .. .. 563 Australian Constitutions Act, 1862 (25 & 26 Vie. c, 11) . 578 Australian’ Courts Act, 1828 (9 Geo. 4, c. 83) . .. 544 Australian States Constitution Act, 1907 (7 Edw. 7, c. 7) . 590 Australian Waste Lands Act, 1855 (18 & 19 Vic. c. 56) . 568 Colonial Acts Confirmation Act, 1863 (26 & 27 Vic. c. 84) . 580 Colonial Acts Confirmation Act, 1894 (56 & 57 Vic. c. 72) . 584 iColonial Acts Confirmation Act, 1901 (1 Edw. 7, c. 29) . 589 IColonial Affidavits Act, 1859 (22 & 23 Vic. c. 12) . .. 576 rColonia1 Laws Validity Act, 1865 (28 & 29 Vic. c. 63) . 581 Colonial Letters Patent Act, 1863 (26 & 27 Vic. c. 76) . 579 Colonial Offices Act, 1830 (1 Wm. 4, c. 4) . .. .. 657 Commission Appointihg the Lieutenant-Governor, dated May 23, 1933 .. .. .. .i .. .. .. 602 ’Demise of the Crown Act, 1901 (I Edw. 7, e. 5) . .. 587 Dormant Commission Appointing a Person to Administer the Guvernment in Certain Events, dated October 29, 1900 . 585 Letters Patent Constituting the Colony of Queensland, dated June 6, 1859 .. .. .. .. .. .. 569 Letters Patent Constituting the Office of Governor, dated June 10, 1925, Proclamation of .. .. .. 692 New South Wales Constitution Act, 1855 (18 & 19 Vic. c. 54) . 565 Order in Council Empowering the Governor to make laws, dated June 6,1859 .. .. .. .. .. .. .. 574 Royal Instructions to the Governor, dated June 10, 1925 . 599 Royal Titles Act, 1901 (1 Edw. 7, c. 15) . .. .. 587 Proclamation thereunder .. .. .. .. 588 PRELIMINARY NOTE, COKSTITT.JTIONALORIGIXS IND DEVEI~OPUEXT. Almost i2ie whole of the territory now coiistitutiiig the State of Queensland mas formerly portion of the Colony of New South Wales. By Letters Patent and Commission of April 2, 1787, the first‘ governor .of tliat C‘olony was given authority within ail area bounded on the north by the parallel of latitude of the nortlierniiiost point of Cape York Prninwila, on Ihe west by the 135th meridian CJf east longitude aiid 011 the south by a specified parallel of latitude, “including all the islands adjacent in the Pacific Ocean within the latitudes aforesaid.” In 1827 the western boundary was extended to the 129th meridian of east longitude, the present boundary of Western Australia. 489 The first step towards tlie erection into a separate C’olony of the. northern portion of New South Wales was taken upon the etlactrilellt by the Imperial Parliaiiieiit of The Australian Constitutions Act, 1842, post. Section 51 of that Act authorised the Ckown to wect into a separate colony or colonies any territories foi~iningpoi-tiou of New South Wales and not lying southward of the tmnt y-sixth tl(bgwc of sonth latitndc. The trwitory which iiiiglit be st~~)ai-atot1 i~asc~stentll~.ti ])y T~c Australian Constitiitions Act, 1850, s. 34, post. wliic.11 1r1:1t1(~a gl-ant of autkoyity to constitiztc as n separate colony or coloiiic~ssric.11 poi+ions of New South Wales as lay iiorthrvarcl of the thirtieth tltygw of south latitude, upon the pctitioii of the inhabitant houst.holdrrs of any such territory. Section 52 of The Australian Constitutions Act, 1842, post, had empowered the Crown to appoint irienibers of a legisln tive coiincil, which might legislate for the governnient of any colony created under the powel’s above mentioned, subject to limitations set out. Under S. 35 of The Aastralian Constitutions Act, 1850, post, a Legislaturc so constituted might establish a legislative council of which two-thirds of tlic inc.ml)erFz: should be elected by the inhabitants and the remaining uicinbers should be appointed by the Crown. The authority to constitute a colony arid to pl*ovicle for its government was preserved and confirmed by The New South Wales Constitution Act, 1855, s. 7 (Imperial), post, and S. 46 of the Bill scheduled thereto, which statute and Bill conferred on the Colony of New South Wales the system of responsible goiTernmrnt now long enjoyed by all the Australian States. On June 6, 1859, came the Letters Patent establishing as an independent colony, to be known as the Colony of Queensland, so much of the Colony of Xew South Wales as lay to the north of the present boundary between this State and New South Wales and to the east of the 141st meridian of east longitude. Under power conferred by The Australian Colonies Act, 1561, s. 2, post, the territory lying to the north of the 26th parallel of south latitude and between the 141st meridian of east longitude and the present western boundary of Queensland, was annexed to Queensland. See Letters Patent of March 13, 1862, recited in the Letters Patent constituting the Office of Governor, post. By Proclamation and Deed of Transfer of August 22, 18‘72, islands within sixty miles of the coast were added to the Colony. In 1879 Islands in Torres Strait were annexed. See The Queensland Coast Islands Act of, 1879, post, It inap be noted that the term “Qiieensland” when used in an Act ordinarily refers to Queensland and its dependencies (Acts Shortening Act of 1867, s. 10, title ACTS). l’he Letters Patent of June 6, 1859, post, went on to appoint the first governor of the new Colony and to provide him with the powers essential to the performance of his office. As to the date at which such Letters Patent became operative, see The Colonial Letters Patent Act, 1863 (Imperial), post. The Letters Patent were accompanied by an Order in Council of the wme date, which conferred upon the Colony its first constitution. A L islative Coancil and a Legislative Assembly were established (clause l), and. the Crown was empowered with their consent and advice “to make laws for the peace, welfare and good government of the colony, in all cases whatsoever ” (clause 2). All laws in force in the Colony upon the comiilg into force of the Order in 490 [Vol. 11. 49x. P rr 7 i III ill ci i.9 Notc. [1920] A.C. 691. It has been 110~established by juclgment of the Privy Council that the provisions of the C‘onstitntioii Act of IS67 are not clothed by law with any peculiar constitutional quality which prevents their alteration in the same iiianiieT as any other statute (McCmaZey v. E., sicprcr). The power. to legislate with wspect to the constitn- tion and powers of the Legis1ntnr.r itsclf and of flick courts of justice is also snppo~tedby S. 5 of The (‘oloiiial Laws T’ali(1ity Act, 1565 (Tmperial), post (Taylor v. A.-($. (19171, 23 (‘.L.R. 457 1. That Act, however, a110’11’s of the iiiipositioii by tlw Legislatuw itsrl f of certain fetters 011 ft*eeilom of such legislative nctioii (sec 11 .-G. v. Trefliow)r, [1932] A.C. 526). The raising and expenditure of public nioneys is made subject to the control of Parliaiiient in accordance with the Constitution Act of 1867, ss. 18, 19, 34 35, 37-39, post, and The Audit Acts, 1874 to 1936, title AUDIT. €”or obvious reasons it was thought to be of no purpose tc, print, the nuinerous Appropriation Acts standing unrepealed on the statute book. The Legislature has complete control of unalienated lands of thc CI’OMW hy virtue of the Constitution Act of 1867, SR. 30, 40, post. The Le$slative Assembly..--T’h(~tltrrntion of thcl hgislcitive Asseikibly is limited to three years (The Constitution Act Aziieiidrrient Act of 1890, post), a period which cannot hc extended by Parlia~ne~it without the approval of a majority of the electors voting at a referendum (The Constitution Act Amendment Act of 1934, s.
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