No. 3, An Act to establish a Parliament in South .dustralio. [Reserved, November 10, 1859.1 A~L~ke42c ,- -7 HEREAS by an Act of the Imperial Parliament, passed in preakb~c. TV the Session ,olden in tbe thirteenth and fourteenth years _ 13. '4 _-A$ - ,;/r of the Reign of Her present Majest3>, intituled "An ,4ct for the I3etter Government of Her hhjestv's Austrdian Colonies," it was amongst other things enacted that, notwithstanding anything therein contained, it shouldbeTawfu1 for the Governor and Legis- lative Council of the Province of South Australia from time to d time by any Act or Actsmter t~r0Vi;so~dlaws for the time being it1 force under the said Act of Parliament, or otherwise concerni6 the election of the elective Members of such Legislative Pound, the qualification of electors and elective Members, or to establish in the said Province, instead of the Legislative Council, a Council and a IIouse of Representatives, or other separate Legis- lative Houses, to consist of such Members to be appointed or elected by such persons and in sucli manner as by such Act or Acts should be determined, and t,o vest in such Council and House of Representatives, or other separate Legislative Houses, the powers atid functions of the Legislative Council for which the same may be substituted: And wilereas Her Majesty hath been pleased to intimate Her most gracious intention to recommend to Parliament, the passing of an Act to repeal an Act pnascd in the Session holden in the fifth and sixth years of the Reign of IIer present Majesty, intitnled LLAnAct fbr regulating the deof Waste Lands be- longing to the Crown in the Austrdian Colonies," in order to place the disnosal of such waste lands within the said Province, and the ! approiriation of the funds arising from the ai@osaFbf, under the coutrol of the Legislature of the sajd Colon , and also to confer upon the Legislature pf ofbe sai?rProv~- -6' ee full powers D - nf of legislation in all matters affecting the same, provided that due provision be made for the support of the Government of the aaid Province, and that the constitution of the said Province be altere8'iiZZch manner as to assim~lateit to the constitu%i=f the ,United Kingdom of Great Britain and Ireland : And whereas it is proposed by Act of the Governor and Legislative Council of the gaid Proiince. .- to make such provision for the support of the Government of the said Province, by granting to Her Majesty, Her Heirs and Successors, a Civil List: And whereas it is expedient to exercise the powers by the said first-mentioned Act vested in the Governor kd Legidative Council of the said Province, and to g_ovide for the exercise of the increased powers posed to be vested in the Le@slnture of the said substitute for the said Legdative Council a Parliament con- sisting of a Legislative Council and Assembly, constituted, appointed, and elected as hereinafter provided : Be it therefore Enacted by the Lieutenant-Governor of the Province of South Australia, with the advice and oonsent of the Legislative Council thereof, as follows :- Repeal of 0td61;rancc l. The Ordinance No l of one thousand eight hundred and No. 1 of 1851. fifty-one, intituled "An Ordinasce to establish the Legis1,ztive Council of South Austrrllia, and to provide for the election of Members to serve in the same," shall be and the same is hereby repealed. Parliament to be 2. There shall be. in place of the IAeaislative Council now sub- constituted in Soutb Australia. sisting, s. leaislativ; ~o;ncil and n use of Asscmblv, which 8hdl be caed LLrFhe~nrliamen~f South Austmlia :" and with---- the said Province of South Australia Her Mkjcsty shall have power, by and with the advice and conscnt of the said Parliament to niake laws for thc peace, welfare, and good government of the said Province in all cases whatever; and all such laws_b&p-e passed by the said Parliament and assented to by 1IerXajesty, Her B$rs and Successors, or assented to in the name of Her hIajesty Her Heirs and Successors by the Governor of the said Province, shall be valid and binding to all intents and purposes within the said rovided that all Bills for approp~iating any part ot Province:the revenue %X-- o t e said Province, or for imposing any new rate, tax. or impost, shall originate in the House of ~ssernblv> that it shall behdul for the- overn nor to reserve for the' sig&fictltion of HeZMajesty 'S pleasure all Bills %-any imperial ioterests, and such Bills. if assented to bv the Governo? in &e first instan&. may be disallomd by H& ~ajestyin- the manner and within the period hereinafter limited and prescribed : ilnd provided also that ~t shall not be lawful for the said Governor to assent to any Bills - such such waste lands after defraying the axpense of surveya, sale, and man- agement thereof, in any other manner than one moiety thereof at the least to the purposes of immiqation, and t1- thereof to the maintenance and protection of the aboripjnes, ZXGtlie construc- tion of roads, bridwnd public work%withinqle said Province. 3. Wheuever any question shall nrisc as to the right of the Que~tionas to GO. vernor's right to Governor to reserve any Bill fbr the signification of Her Majesty's ,,,,,, a Bin, or of pleasure thereon, or as to the right of Her Majesty to disallow any Her Maje~ty'sright to disallow a Bill, to be such Bill, tbe same shall be determined by the Judicial Committee detemined by J, of the Privy Council, and in no other manner, except bv the dicinlmmmitteeof Privy Conncil. conscnt of the said Parliament of South Australia, and ' such question shall be raised by an address to Her Majesty in Her Privy % Council by both Houses of the said Pwliament, setting forth the question so to be deternniued. 4. For the purpose of conrposiug the said Le islative Coullcil, qppojntment of Le- it shdl be lawful for Her hIajesty, before t2time to be ap- .g~slative Councillors \ uointed for the first nqeetine: of the said Le~islatireCouncil and L2 house of Assembly, by muinstrument under the Sig~Manual, to authorize thc Governor in Iler i\/lajesty's ilame, by an instrument under the Great Sear of the said Province, to summon to the said Legislative Conncil such persons, being not fewer than twelve as Her Majesty shall think fit, and it shall al-fu-~ - Majesty from time to time to dutllorize the Governor in like manner, to summon to the mid Legislative Council such otller person or persons as IJer Majesty shall think fit, and every person who shall be so summoned shall thcrebv become a Blenlber of the said Legislative Council: Provided hwiys, that no person shall be S-ed to the said wtiveCouncil who shkll not be of the full aqe of thirty yews, and a nat.tural%orn suhjeZX£' Her Majesty, 'or iatuwlized by an Act of the In~perislParliament or by ah Act of thitureof the said Province. S==- 5. Every Member of the said Legisl~tiveCouncil who sliall be so Tenure of office of summoned as aforesaid shall hoId his scat therein for the term-- of CoU"c"lO~s~ his life but subject nevcrtlrele~sto the provisioiis Kere~naftercon- &for vacating the same, and for altering the constitution of such Council. 6. It shall be lawful for any Member of the said Legislative Redvation of Council to resign his seat therek by a letter to thc Governor; and Councillors. upon the receipt of' any such letter by the Governor, the seat of such Legislative Councillor shall become vacant. ' 7. If any Member of th~said Legislative Council shall, for two vacating seat by successive Sessions of the Parliament of the said Province, fail to give absence. his attendance in the said Legislative Council, without the per- mission of Her Majesty or of the Governor of the said Province, signified by the said Governor to the Lv~eCouncil, or sball accept or hold any office of profit or pension from the Crown during - - .-- -----W ,--c* p!easure, .i @ lmmre, erne tin 04 such offices as are heremafter enumerated P "A- .-p as not disaria I vinr t e oldera there3 from a seatmar- liament, o; shdl Lke my oath or make any acknowledgment of allegiaoG, obedience, or adherence to any foreign prince or power, or shall do, concur in, or adopt any act whereby he may become /Csubject or citizen of any foreign state or power, or whereby he luay become entitled to the rights, privileges, or imqhunities of a subject or citizen of any foreign state or power,^ shall become bankrupt, or take the benefit of any law relating to insolvent debtors, or become a public defaulter, ox be attainted of treason, or be con- geted of fdony or of any ingmous crime, his seat in such Council shall thereby become vacant. Trial of ymitionb. 8. Any question shall arise respecting any vacancy in the said Legislative Council on occasion of any of the matters afore- said, shall be referred by the Governor to the said Legislative Council, to be by the &id Legislative Council heard and deter- mined: Provided always, that it shall be lawful either for the person respeceing*wh-oseseat such question shall have arisen, or for Her Majesty's Attorney or Advocate-General for the said Province on Her Majesty's behalf, to appeal from the determination of the said Council in such case to Her Majesty, and that the judgment of Her Majesty, given with the advice of Her Privy Council thereon, shall be final and conclusive t~ all intents and purposes.