An Act to Consolidate the Laws relating to the Constitution of the 31 VKCTOBIII; NO. 3s. -- Colony of Queensland.*

W 01 Queensland to make laws and to provicio for the adminis- tration. of justice in tlic said colony dated at the Court at Bucliingham Palace the sixth clay of dime one t,liousand eight hundred and fifty- niiie it was declarecl m d ordered by tlie Queen's Most Excellent Xa,jesty in Council that tlic Legislature of the Colony of Queensland should have full power and authority from time to time to make laws idtjerin,q or repealing all or any of the provisions of the said Order in rower of dtttratirJl1 Couiicil in the same inanncr as any other laws for tlie good govern- Jneiit of the colony except so much of tlic same as incorporates the a.22.

snactments of tlic fourteenth year of Kcr Majesty cliapter fifty-iiinc 1 I'% 242. :ud of the sixth year of Her $1 sty chapter seventy-sis relating to the giving and witliliolcliiig of J Majesty's assent to Bills mid tlic rese~vation of Bills foib t'he significat8ioi i of Her 11 ajesty's pleasure and thc iiistriictions to be conveyed to Govcruors for their guidancc in relation to the matters aforesaid aucl tlic disallowance of Bills by Her Wajcsty Providecl that every Bill by which m y alteration sliould be iiiadc in the constitutiou of the Legislative Council so as to render the wholc or any 1)ortion t'liercof clectivo should be reserved for thc siFnification of' llcr Majesty's plezcsurc: thereoil and a cqiy of such 13111 should be laid before both Rouses of the Imperial Parliament for thc period of thirty days at least lieforc Hcr Majesty's pleasurc thcrcon should lie signified And whereas by tliu thirty-first clause of a,u Act of the sixth ycar of Her Majesty cltaptcr seventy-six clititled ic A 13 d c t J o ~ the Goverrtinelzt os New South 7;Yccles m ~ t l Tau Diemeds L c ~ I ~ ~ ' ' it was enacted as follo~vs--" That every Bill which has lieen uivins or with. " passed by the said council and also every law proposecl by the holding assent to b c Governor which shall have lieen passed by tlic said couiicil whether EFi Tic. c. 7,;.

[ 2 8 ~ ~ DECEMBER, 1867. HE RERS by ail Orticr iii Council ellipowering the Goverrimeiit Prcamblo.

consLitution. Order in Council

v ith or witrlioul ameucimeut8s u l i z ~ l l I)c pxst:titecl fbr Her Majjusly's 8. 31: 1 Prr11g 1HG (-:overnor of' the wid cmlony and I hr i 1 Iic (forernor

" 5hyl!

K!

31 ''lcTonLA, ._ h * * w 6 6 s i i a ~ clecktti-e aworcling to his clisctrctioti I N t subject JLC\ ci*thoI " thc provisions coiitained iii this Act and to such instructions as imiy b' from time to time be given in tliat behalf by Ber AfrLjcsty licr I tch '' or successors tliat he wseiits to such Bill in Her Majesty's ixilne or 6 b thdt hc withliolcls Her Majesty'!, asseut or lliat l i ~ rcs3rves such Bill 6 b for the signification of Her Majesty's pleasure thereon :~ncl d l Rills (' altering or affecting the divisions and cstciit of tlic several clis tiicts L c zmcl towns which shall be reprcsentcd iii tlie Legislutivc Council or b + estrtlilishing iicw and otlicr divisions of tlic sauic or altering tlic 111t111- ( ( bor of tlic members of tlic Coiunuil to be choscii l)y tlic said districts b i and towas respeckivcly or iiicrcnsiiig tlic wliole ~iiirnl)ci* o f ld~c b c Legislativc Council or altering tlic saliirics of the Govcriior su1)erintcii- c c dent or judges or ally of tliciu aucl also :ill Bills altcriiig or nff'ectiiit;' " the duties of customs u1)on auy po t i s marts 01% meidraiiclisc iniportcd (' to or exported from the said cwloiiy slia11 in ('very CQSC 1)e so rcscrvcd '( exceljt such Bills for temporxy laivs as tlic Goveriior shall expi-essly (( clcclare necessary to be fortlimitli assciitcd to by reason of sonic pulAic. (' aid pressing ciiicrgciicj7" Aid by the tliirt,g-second clause of tlic

I)iunlluw;iucc 01' Jlilla said last-mentioned Actj it wls cnnctcd ns follows-'b 'I'hat ~die~iever

1 Pring 196. ('tlic Governor of tlic said coloiiy shall liy sueli Governor lim-c I~ocn * ' assented to in Her 3_1ajestp's ii:iilic tlic Govetnor slid1 hp ttw firsi b . c*onvcnieiit o~,'lioi-t~iiif y transiiiit t U oiic ol' Her RItijcsl y's Principal

Stwettaries of S t i h iJ.11 autlioiitic (:01)>' of' SIIOII Rill $5) : L S S C I ~ ~ L Y ~ to b L u ~ d tllat it shall lxt lt~ivful at i L i I Y t ime w i t d i i l i tv7o years t1,t't'tor suuli s h Bill shall lia\-o bwn so received by tlic 8oc:rotnrj- of Statc 1)cn Hcr " Afajesty by order iii coitucil to declrwe her disallowtiice of such Bill * ' and that such disrt1low:nicc togcther with a certificntc iindcr thc lizliid b L aiicl scal o l tlic Secretary of Statc cci*tjf>riiig tlic day on ~-1iicli SLIUII r i Bill was received as aforesaid h?iiig sjguified bp tlie Qovcriior to the b . Legislative Council of' the said ooloiiy 1)y spcecli or iiiessngc to tlrc b * saicl coiincil or by proclxnatioii in tlic ATczc Soedk W(tZe3 G'ove~ i t i i~en l ti Gazelle s'hnll makc J-oicl and annul the sa~iie from and nf'tcr tlic day *' of such signification" Abid by the thirty-third clause of the sauic

AW~, 10 EH* Act i t was enacted as i'oll~\rs-'~ 'Pliat 110 Bill n.hicli slid1 ljc so resaiwtl ; 8; J-ic. 7ti Y, 33. b ( for the signification of Her Najesty's pleasure tlicrcoo slid1 have m y 1 Pring 1%. (( force or authority within the Coloiiy of New South Wales until tlic

' * Goveiwor of the said colony slitill signify citlier 1 ) ) ~ speec-11 01'

* ' message to the Legislative Couiicil of the said coloily or by proclama- " tion as aforcsaicl that such Bill has been laid before I-ler Majesty & ( iu Coulicil and that Her Majesty has bccii plcasctl to assent to ilic- " same and that ail entry slid.1 l)c m d c iii tlic joiinials oftlie said * ' Legislutivc Couslcil of evmy suoli sp'toecli iiicssage OY proclaimtion b. aiicl a duplicate tliercof duly attestd shall be ilclivered to tlic rcgistrtir '( of the Sulnwne Court or o t h x proper officer t o l)c kcpt muoiig tlic (' records of the said ooloiiy and tliat no Bill whiuh dial1 be so yescrvetl " a s aforesaid shall Iiavc aiiy force or authority in tlic said co10ii-j~ b b unless Her Majesty's assent thereto shall limc l~oeir so signified " as aforosaid wi th in tJic s p w of . tn~o yo:irs from t l i r b clay on nrhicli '' \i1(;11 Bill \ l r : i l l l!si c: I)rv:ii 1)rc~wiilc~l l'rjr 11(:r JI;\jvsI,i '\ ;iw;nf

rissented 6vic. to. c. 7ci 8, 32. '< any Bill mliicli sliall have been 13reseiitecl for 1 1 er Majesty's assent 1 U

rcscrred.

<' t v

CONSTITUTION. 507

‘‘ to the Governor as aforesaid ” And by the fortieth clause of the same ~ ~ V I C T O E I I NO. 38. Act it was declared and enacted as follows-“‘l’hat it shall be lawful ‘‘ for Her said Majesty with the advice of Her Privy Council or under to instructions.

‘‘ Principal Secretaries of State from time to time to convey to the “ Governor of tho said Colony of New South Wales such instructions IC as to Her Majesty shall seein rncet for the guidance of such Governor (‘for the exercise of the powers hereby vested in him of assenting to ‘(or dissenting from or for reserving for the signification of Her “ Majesty’s pleasurc Bills to be passed by the said council and it shall “be the duty of such Governor to act in obedience to such instruc- “ tions ” And whereas by the Act of the eighth year of Her Majesty chapter seventy-four entitled ‘: An Act to Expbin and Amend the Act

for the Governlnent of flew rS’ozcth PVaEes and Tan Diemen’s Land ” and by the seventh section thereof after reciLng that ‘‘ by the said recited Act ” (to wit the said hereinbefore mentioned Act of the sixth year of Her Majesty chapter seventy-six) ‘( it is provided that certain Bills shall ‘( in every case be reserved by the Governor for the signification of Her (‘ Majesty’s pleasure thereon and the intent of such provision was to ‘‘ ensure that such Bills as aforesaid should not be assented to by the “ Governor without due consideration ” it was enacbed (‘ That it shall not Extencling ttie “ be necessary for the Governor to reserve any such Bill for the signifi- ~ ~ ~ ~ l . ~ ~ ~ f s as “ cation of Her Majesty’s pleasure thereon from which in the exercisc holding the Royal ‘‘ of his discretion as limited in the said recited Act he shall declare c. 74 S. 7. “that he withholds Her Majesty’s assent or to which he shall have 1 Pring 205.

<‘ previously received instructions on the part of Her Majesty to assent “ and to which he shall assent accordingly ” And whereas by the Act of the fourteenth year of Her Majesty chapter fifty-nine intituled (‘An Act for the Better Government of&?- Najesty’s AustraaJian Colonies ” it was provided and enacted that the provisions of the said Act of the Resorvation of Bills.

the said Act of the eighth year of the reign of Her Majesty concerning 1 Pring 2111. Bills reserved for the signification of Her Majesty’s pleasure thereon shall be applicable to every Bill so reserved under the provisions of the said Act of the fourteenth year of Her Majesty chapter fifty-nine And whereas it is expedient to consolidate the laws relating to the constitution of Her Majesty’s said Colony of Queensland Now there- fore be it enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows-

- to

5 & 6 Tic. c. 76 s. 40. “Her M+jesty’s Yi6net and Sign Manual or through one of Her 1 Pring 108.

sixth year of the reign of Her Majesty as explained niicl amended by S. 13 33. & 14 Vic. c. 59

TIze 2;epklatzcre.

1. There shall be within thc said Colony of Queensland a Legislative Council

2. Within the said Colony of Queensland Her Majesty shall have power by and with the advice and consent of the said Council Legislative Council and Assembly to make laws for the peace welfare and good govern-

and Legislative Assembly. Orcler in Council s. 1. 1 Pring 238.

Legislative Council and a Legislative Assembly.

Assembly

ment of the colony in all cases whatsoever. Provided that all Bills for constituted. Order in Council a. 2. appropriating 1 Pring 238-

CONSTITUTION. 507

‘‘ to the Governor as aforesaid ” And by the fortieth clause of the same ~ ~ V I C T O E I I NO. 38. Act it was declared and enacted as follows-“‘l’hat it shall be lawful ‘‘ for Her said Majesty with the advice of Her Privy Council or under to instructions.

‘‘ Principal Secretaries of State from time to time to convey to the “ Governor of tho said Colony of New South Wales such instructions IC as to Her Majesty shall seein rncet for the guidance of such Governor (‘for the exercise of the powers hereby vested in him of assenting to ‘(or dissenting from or for reserving for the signification of Her “ Majesty’s pleasurc Bills to be passed by the said council and it shall “be the duty of such Governor to act in obedience to such instruc- “ tions ” And whereas by the Act of the eighth year of Her Majesty chapter seventy-four entitled ‘: An Act to Expbin and Amend the Act

for the Governlnent of flew rS’ozcth PVaEes and Tan Diemen’s Land ” and by the seventh section thereof after reciLng that ‘‘ by the said recited Act ” (to wit the said hereinbefore mentioned Act of the sixth year of Her Majesty chapter seventy-six) ‘( it is provided that certain Bills shall ‘( in every case be reserved by the Governor for the signification of Her (‘ Majesty’s pleasure thereon and the intent of such provision was to ‘‘ ensure that such Bills as aforesaid should not be assented to by the “ Governor without due consideration ” it was enacbed (‘ That it shall not Extencling ttie “ be necessary for the Governor to reserve any such Bill for the signifi- ~ ~ ~ ~ l . ~ ~ ~ f s as “ cation of Her Majesty’s pleasure thereon from which in the exercisc holding the Royal ‘‘ of his discretion as limited in the said recited Act he shall declare c. 74 S. 7. “that he withholds Her Majesty’s assent or to which he shall have 1 Pring 205.

<‘ previously received instructions on the part of Her Majesty to assent “ and to which he shall assent accordingly ” And whereas by the Act of the fourteenth year of Her Majesty chapter fifty-nine intituled (‘An Act for the Better Government of&?- Najesty’s AustraaJian Colonies ” it was provided and enacted that the provisions of the said Act of the Resorvation of Bills.

the said Act of the eighth year of the reign of Her Majesty concerning 1 Pring 2111. Bills reserved for the signification of Her Majesty’s pleasure thereon shall be applicable to every Bill so reserved under the provisions of the said Act of the fourteenth year of Her Majesty chapter fifty-nine And whereas it is expedient to consolidate the laws relating to the constitution of Her Majesty’s said Colony of Queensland Now there- fore be it enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows-

- to

5 & 6 Tic. c. 76 s. 40. “Her M+jesty’s Yi6net and Sign Manual or through one of Her 1 Pring 108.

sixth year of the reign of Her Majesty as explained niicl amended by S. 13 33. & 14 Vic. c. 59

TIze 2;epklatzcre.

1. There shall be within thc said Colony of Queensland a Legislative Council

2. Within the said Colony of Queensland Her Majesty shall have power by and with the advice and consent of the said Council Legislative Council and Assembly to make laws for the peace welfare and good govern- ment of the colony in all cases whatsoever.

and Legislative Assembly. Orcler in Council s. 1. 1 Pring 238.

Legislative Council and a Legislative Assembly.

Assembly constituted.

Provided that all Bills for Order in Council a. 2. appropriating 1 Pring 238-

50b CONSTITUTTON

31 VICTOEIB NO. 3s. appropriatinq any part of the public rcvenue for imposing aiiy new Scllec,nle to 18 19 rate tax or impost sub,ject always to ilie liiiiitatioiis hcrcinal'tcr pro- Pic. c. 54. vided shall originatc in llie Lcgislativc Rsscmbly of the said colony.

Onc scssioii of 3. There shall be a scssion of the Legislative Council aiid Pnrlia111cllt t o bc Assembly oncc at least in evcry year so that a period of twclvc calenclar older in conncil S. 9. nionths shnll not intcrvcne between the last sitting of thc Legislative 1 Priug 240. Council aiicl ,issembly in one session and the first sitting of the Legis- Tic. c. 51. lativc Comcil and Assembly in the next scssioii.

4, No iiieniber either of tlic Legislativc Council or of the Legis- lativc Assembly shall be perniittccl to sit or vote tlicrein until he shall

the fol lOwin~ liave talien aiid subscyibecl thc following oath beforc tlie Governor of thc colony or before somc person or persons authorised by mCh Govcriior to administer such oatli-

"I A.X. do ~ii ice~ely pr(imisc and stvrai- tlint 1 will bo faithful ancl bear true allcgiaiice to B e y Majesty Q L I ~ ~ I I Victoi*iiL as Iawfnl Sovereign of tlic United Kingdom

S. 'S. of (:reat Britain ant1 ~ r r l n n c i nncl of this ~ o ~ o a y of ~ueeiislmc\ (1epcm~ent on :mil belonging to the said Uiiited l<ingdoiu

-

17 Vic. No. 41 S. 1. 1 Pring 224.

hcld cacli yew.

Sclieilnle to 18 b 19

17 Vic. No. 41 S. 31. 1 Pring 228. No member to sit or vote nntil lie ilns

oath of allegiance. Order in couucil 8. 11. 1 Priilg 240. Schedule to 18 & 19 Tic. c. 54. l7 No. 1 Pririg 228.

So lielp mc God." And whensoever the dcinisc of Hcr present Majesty or of any of €Ier Succcssors t o thc Crown of the said Uiiitcd Kiiigdom sliall be notified by thc, Governor of tlic colony to tlie said Cowid and Assembly rcspcctivcly the menibers of the saicl Council aiicl Assembly shall Ilieforc they sliall be permitted to sit and vote therein take ancl sub- scribe the like oath of allcgiance to t,he Successor for the timc being to the said (3rown.

Aflirniation may be 5. Provicicd that every pcrson autliorisecl hy law to inake an lnade iusten(1of oath. affiriiintio1 t instead of taking ai1 oath inay make such affirmation in 8. 12. Order in Co~incil

1 Priiig 240. Schedule to 18 & 19 Vic. c. 54. 17 Tic. No. 41 S. 34.

evcry case in wliich a11 oath is hereinbefore required to bc taken.

1 Pring 228. Disqunlifgiiig contractors and

6. Any pcrsoii who shall diroctly OF indirectly liiinself or by any pcrson wliatsoever in t,rust for hiin 01- for his m e or benefit or on

persons in contracts. iiitcrcsted

Election to take

Tic. C. 54 S. 28.

his &count undertake cxccuto hold 01- enjoy in the whole or in part any contract or agrccrncnt for or on accoiint of llie public service

as a incmber of thc 1,egislative Council or Legislative Assembly during the time he shall execute hold or enjoy any such contract or m y part or share thereof or any benefit or emolument arising from the same and if any person being a member of such Council or Assenibly shall enter into any such contract or agreement or having entered into it shall continue to hold it his scat shall bc declared by the said Legis- lative Council or Legislative Assembly as tlie case may rcquire to be void and thereupon the samc shall become ancl be void accordingly

Proviso exempting Provided always that nothing herein contaiiiecl shall extend to any from c1isqL~~lificf~tion contra& or agreemcnt macle entered into or accepted by any incor- members of colnpauies exceeding porated coiiipany or any trading company consisting of more tlmn twcllty in twenty pcrsons wlierc such contract or agreement shall be macle

entered into or acceptccl for the general benefit of such incorporated or trading company. 7. If

schedule place on vacancies. to 18 19 shall be incapable of being surninoncd or clected or of sitting or voting

17 Vic. No. 41 s. 28. 1 Pring 228.

7 , If dny person bp this Act, tlisahlcd or declared to be incapaldc 31 T ' Imnrw - 38.

io 4ih or vol-e in tlic Legislative (.~oulicii or TPpiSlatiVf? 9ssenihly S h d Election of disquali. neverthclcss l)c snimmoned to tho said Co~zucil OF eleclcil mil returncrl ~ ~ ~ ; ~ ; T ~ ~

as a member to serve in Ilic said Asscnibly for any electoral rlistric:t Vic. c. 5.1, 29. wch suimiions 0 1 9 election and returii shall and may he declared by the said Council aut1 Assembly as the case may require to be void and thereupoil the saim shjll become and bc voicl to all iutents and p i rposcs mhatsower and i C any pcmon under :my of tlzc clisqualificn- r t m t t y f(n sittin: ov

tjoiis mentioucd in the last ~~rececling section shall whilst so clisqualified presume to sit or vote as a member of thc said Couucil or Assembly such person shall forfeit the siirn. of five l~unclretl pourds to l)c rccovc~etl l ~ y any person who sl~nli s i w for tlic saiiie in thc Sapreiiic Coin+ of' Quecnslanil.

Iiemaftci* ns there imy l)e ocuasioii shall p q a r ~ ant1 adopt stub11

staiding rules and ortley,s a h sliall nppcai* to tlie said Council :1nd 1 Piing 240.

Council and Assenihly rcspcc"Cire1,y :inti foil tho iiiaiiiicr in wliicl~ surbli 17 Vir. KO. Council and hsseinbly shall I)c prcsidcd OVCI' iiz case of tlic al)sciw~ of tho Prcsideut or the SpeaIw a i d for the nzodc in wIiic1i such Council nncl Assoinlily slitlll coiifcr c~orrcspoii t l aiid c~onimniiicat c with cadi othw relative i o votes 01' Bills Dnssed 11y or pendins in sucli Council and Assembly my3ectively ancl Tor tlic i ~ ~ a n i i c ~ 111 m-liicli iiotices of Bills resolutions aid othcr business iiitciiilccl to be snlmit4totl to such Council ancl A sseinblg iwpectivvly at ally scssioii thereof niq- be Imhlislieci for general iiifornixtion nnd fofor the 11roper pwing cntitling 2nd numhcring of thc Bills to bc introilnccrl into ancl pmsccl by thc said Council and Assemhly aiid for tlic proper preseizt8ntion of t l i ~ same to tho Goveixor for Her Mnjesty's nascnt all of wlzicli rules and OIYICPS sliall by suiaii Cotiiicil and ilssein1)ly respectivcly hc laid bot'o1~ thc Gorcvnor niid l)cin,n by him approved shall heconic 1)iiiclinq and of Ibwc.

9, No twitlistanding nnytliiii g hereiizbeforc~ contained the lcgis- Power to alter con. laturc ol' the said coloiiy 3s constituted by Chis Act sl~i11 havc full ~~$'${,$~'gisln. power niicl authority from time to time by any Act or Acts to alter ScIicc~u~e t o 18 s: 10

otherwise concerning: the Legislative Council and to provide for the 1 Priy 289. nomination or election oi mother Legislative Council to consist respectively of such members to be appointed or elected respectively by such person or persons and in such manner as by such Act 01" Acts shall be determined Provided a l ~ a y s that it shall not be lawful to pi-esent to the Governor of the said colony for Her Majesty's assent any Bill by which any such alterat8ion in thc constitution of thc said colony may bc intlilc unless the second and third rctldjngs of such Bill sliall have been passed with the concuimmce of two-thirds of tlic members for the time being of the said Legislative Council and of the said Legislative Assembly respectively Provided also that every Bill which shall be so passed for any of such purposes shall be reserved for the signification of Hcr Majesty's pleasure thereon and a copy of' suuh Bill shall be laid before both Horiscs of tllo Imperial Parliament for the period of thirty days a i ilic lcmt lwfoi-r Hcr M?jcsty's pleasux(1 thrrcon shall be signified.

17 \5c. No. 111 i. 29 1 l'riiirr 2'7%

8. TIw said Legislatiw Council m i d Asscmhly froin tinic to I inic S(ant1ing ni lcs n i i l ~ oiders to 130 iunrlr. Orrlcrin Comiril q . l : i .

Assembly respectively bcst, adapt etl lor the oldedy condncl ol' ~ 1 1 ~ 1 1 '\fi4,. Schcrliile r , .i I . to 18 d 1:)

k1.i 1 T'viiig 229.

'

Vie. c. 54. t&e provisions or laws for the time being in forcc under this Act or 17 Vic. No. 41 R. 36.

OrderiiiCoiulcile.22. 1 Pring 242.

10. It

3 10 CONSTITUTION

31 \rtGTORId.?;O -- 38 10. It shnll bc lawful foi1 Idie legislaturc of the colony l y any powrr iotLlterey6lclu Ad, or Acts to he liceenfter passed to alter tlic rlivisioiis : ~ ~ i d c x t c d of of rewsentation. the several uoiuitics disiricts cities iomns 1)ororighs mtl hamlet H wllil:il Tic. c. 54. shall bc rcpreseutcd in the Legis1atiT-e Assembly and to establish new 17 Vie. Bo. 41 R. ancl other divipions of thc same and to alter tlie apportionment of

repreaentati~es to be chosen by the said counties districts cities t,owiis boroughs and hanilets respectively aid t’o tiltcr the number of reprc- sentatives to be chosen in and for the colony aiid in aiid for thc semrnl electoral districts in the same and to alter and regulate the appoint- ment of returning officers and make such ncw and other 11rovision ah

they may deem espedient for tbe issuing and retnrii of writs for ihc election of mexribers t o serve in the said Legishtim Assern1)l~ ancl tlic time ancl place of holding siicli clections. +E

Schedule to 18 & 19

1 Pring 2%.

XI ilt +K % * * h

11. Nothing heiaein contained shall affect the power or autliorit,y not nflectecl hy this of any legislature drily constitutccl before this Act, (’OIncs into Aol. operation.

Existing Lrgislatwr

Ph~2.c G O P C ~ O Y . Place and tinw of 12. It shall be lawful for the Governor to fix such placc or holdina P&rlianlent- places within aaiy part of the colony and such tiiiics for liolcling cvery Tic. c. 5h. session of thc Lcgislative Council and Assembly of the said coloiig as I

3.7 Tic. ?io. 41 30. he may think fit such times nntl placcs to bc ai‘t,erwarcls c h a n p l 01%

varied as tlic Qovcrnor may jntlgc ndvisablc and mod c.cmsistm1, wit l i yen mi1 eonvenicn cc and tli e pil& c; welfare g iv iiig s 11 fi c icn 1 noticcfi thereof ancl also to proroguc the said Lcgislnlivc Con neil and Asscmljly from time to lime and to dissolve thc said Asscmbly l)y pr~c~la~mation or otherwise whenever he shall deem it expedient.

Provision6 of formcr 13. The provisions of the before-mentioned Act of the four- Acts respecting the teenth year of Her Majesty chapter fifty-ninc and of the Act of tlic nllowsncc of Bills sixtli year of Her Majesty chapter seventy-six entitled ‘‘ An Acl fo1* reserved. the Government qf New Sozcth lT’/clles aacl T7cw Diemeit’s Land” which R. 14. relate to t,he giving ancl withholding of Her Majesty’s assent to Bills 1 Pring ? d h and the reservation of Bills for the signification of Hcr Majesty’s

pleasure thereon and the instructions to hc coiiveyed to Governors f o ~ their guidance in relation to the matters aforesaid and the disallowancc of Bills by Her Majesty sliall apply to Rills to be passed by the Legis- lative Council and AsserulJly constituted under this Act ancl the said Order in Council ancl by any other legislative body or bodies wliicli may at any time hereafter be snhstitmt2ecl for the present Legislative Council and Assembly.

Appointment to 14. The appoiiitmeut of all public offices uncler the Government, 05cea of the colony hereafter to become vacant or t o be created whether sach colony to br TeBtea offices be salaried or not shall l)e vested in the Governor in Conncil go,4:;, with the exception of the appointments of the officers liable to rctirc Schedule io 18 R- 19 froni office on political grounds which appointments shall be vested in Vic. C. 51,. the Governoi% alone Provided a1wq-s that this enactment shall not 1 h n g . 22:). extencl to ininor appointments which by Act of thc legislature or 1JY ~Xr~pt.phoTls order of the Governor in Council may be rested in lieatls of depart8-

ments or other officers 01’ persons wit,hi;? thc c ~ i o n y .

Schedule to 18 & 19

I Pring 228.

allowance wid ili+

Order in Comcil

tile Government, of the

17 Vjc. Xn. .II 9. 37.

15. Thc ’ 7% p o & o thnt wn pnvf o r JWIY swlini t i.r i-rritpd in /tnr? vcppnled ?I!/ 3 1 T’ir To. 28 9 t

CONSTITUTION. 511

15. The commissions of tllc prescnt judges of the Supreme Coxrt 31 VICTOFXB NO. 38. of tlie said colony and of all future judges thereof shall be continue and Judges continned in remain in full force during their good behavior notwithstanding the $ 1 ~ enjoyment of demise of Her Majesty (whom may God long preserve) or of her heirs their good belluvior and successors any law usage ox practice to the contrary thereof in notwithstanding m y

reinovedbythe Grown on the address of or successors to remove any such judge or judges upon the address of Parliament.

17. Such salaries as are settled upon the judges for the time Their salaries secured being by Act of Parliament or otherwise and all such salaries as shall ~ ~ ~ f ~ ~ c e of their or may be in future granted by Her Majesty her heirs and successors commissions. or otherwise to m y future judge or judges of the said Supreme Court sliall in all time comins be paid and payable to every such judge and judges for the time being so long as the patents or commissions of them or any of them respectively shall continue and remain in force.

15. It shall not be lawful for the Legislative Assembly to ~ o l n o n e ~ v ~ t ~ ~ ~ originate or pass any vote resolution or Bill for the appropriation of ~~~~;~&;;~; any part of the said Consolidated Revenue Fund or of any other tax or ~overi1or.

. impost to any purpose which shall not first have been recommended by a messase of the Governor to the said Legislative Assembly during 17 vic. N ~ . 41 @. 54.

from any of tlic sources licreinaftcr mentioncd shall bc issued or shall ~ ~ ; o ~ ~ ; r ~ ; ; d be made issuable except in pursuance of warrants under the hand of from Governor. the Governor of the colony directed to the public Treasurer thereof. ~~$~~ 18 & 19

_.

their oflices during

demise of the Crown. anywise notwithstanding. 16. It shall be lawful nevertheless for Her Majesty her heirs But they may be

both Houses of the Legislature of this colony.

Schedule to 18 & 19 Vic. c. 54.

1 Pring 231. the session in which such vote resolution or Bill shall be passed. 19. No part of Her &hjcsty’s revenue in the said colony arising NO part of 1Jubfic

17 Vic. No. 31 S. 55. 1 Prhg 231. The Zegislcctive Couizcil.

20. For the purpose of composing the Legislative Council of Legislative Council Qucensland the Governor is hcreby authorised to summon in Her g$ipgg:;;:i: of the said colony from time to time to the said Legislative Council such person or persons as he shall think fit and every person who shall 17 vic. N ~ . 41 2. be so summoned shall thereby become a member of the Legislative pri116224.

Council of the said colony Provided always that no person shall be summoned to the said Legislative Council who shall not be of the full age of twenty-one years and a natural-born subject of Her Majesty or naturalized by an Act of the Imperial Parliament or by an Act of the Legislature of New South Wales before the separation or by an Act of this colony Provided also that not less than four-fifths of the members so summoned to the Lcgislative Council shall consist of persons not holding any office of emolument under the Crown except officers of Her Majesty’s sea and land forces on full or half pay or retired officers on pensions.

21. The rnernbcrs of the said Legislative Council who shall be nurutionof officeof summoned thereto by tlic Governor shall hold their seats therein for ::@;::. the term of their natural lives subject nevertheless to the provisions Order in Council 8.4. hereinbefore referred to and hereinafter contained for vacating the ~ ~ ~ ~ 1 ~ ~ ~ 1 8 gG lg

as established by this Act.

’ Majesty’s name by an instrument or instruments under the Great Seal 1 Pring 239. schedulc to 18 gG 19 Vic. c. 54.

’ same and for altering and amending tlie constitution of the said colony Tic. 0.54. 7 Vic. No. 41 8. 3. 1 Prhg 224.

22. It

512 CONSTITITTION.

31 VICTORIE No. 38. 22. It shall be lawful for any member of the Legislative Council to resign his seat therein by a letter to the Governor and upon

councillors. the receipt of any such letter by the Governor the seat of such Vic. 0. 54. to 17 Tic. No. 4l E. 4. 1 Pring 224. 23. If any legislative councillor shall for two successive

sessions of the legislature of the said colony fail to Five his attendance Vmating seat by absence. Sched& to 18 QG 19 in the said Legislative Council without the permission of Her Majesty Vic. c. 54. 17 vie. N ~ . 41 *. 5. or of the Governor of the colony signified by the said Governor to the 1 Pring 224. Legislative Council or shall take any oath or make any declaration or

acknowledgment of allegiance obeclience or adherence to any foreign prince or power or shall do concur in or adopt any act whereby he may become a subject or citizen of any foreign statc or power or whereby he may become entitled to the rights privileges or immunities of a subject or citizen of any foreign state or power or shall become bankrupt or take the benefit of any law relating to insolvent debtors or become a public contractor or defaulter or be attainted of treason or be convicted of felony or of any infamous crime his seat in such Council shall thereby become vacant.

24. Any question which shall arise respecting any vacancy in the Legislative Council on occasion of any of the matters aforesaid. shall be referred by the Governor to tlic said Legislative Council to be

Provided always that it shall be lawful either for the person 3espccting whose seat such question shall have arisen or for Her Majesty's Attorney- General for the said colony 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 h a 1 and conclusive to all intents and purposes.

Appointment, of 25. The Governor of the colony shall have power and authority President. from time to time by an instrument under the Great Seal of the said part in debates. colony to appoint one member of the said Legislative Council to be schedule to l8& l9 President thereof and to remove him and appomt another in his stead 17 vie. N ~ . 41 S. 7. and it shall be at all times lawful for the said President to take part in 1 Pring 225. any ciebate or discussion which may arise in thc said Legislative Council. Quorum &*ion 26. The presence of at least one-third of the members of the mating vote. said Legislative Council exclusive of the President shall be necessary Schedule to 18 & 19 Tic. c. 64. to constitute a quorum for the despatch of business and all questions 1 l7 Prbg vios No* 235. 41 which sllall arise in the said Legislative Council shall be decided by a

majority of votes of the members present other than the President and when the votes shall be equal the President shall have the casting vote Provided always that if thc wlioIc number of members constituting the said Legislative Council shall not be exactly divisible by three the quorum of the said Legislative Council shall consist of such whole number as is next greater than one-third of the members of the said Legislative Council.

The Legislcitive Assembly. 27. For the purpose of constituting the Legislative Assembly Constitution of

h&lntive Assembly. Order incouncil 8 . 5 . it shall be lawful for the Governor from time to time as occasion shall

require in Her Majesty's name by an instrument or instrumonts under 1 Pring 239. Schedule to 18 & 19 Tic. c. 64. the Great Seal of the colony to summon and call together il Legislative

Assembly in and for the said colony. 17 Tic. No. 41 8. 9.

- Resiption of

QG l9 legislative councillor shall become vacant.

Trial of questions of vacancy.

Vic. c. 54. l7 1 Pring 224. 41 6. by tho said Legislative Council heard and determined

Schedule to 18 & 19

President may tnkc

Vic. c. 54.

28. The

CONSTITUTION. 513

28. Thc Legislative Assembly shall consist of membcrs duly 31 VICTORI~Z NO. 58. qualified according to the Legislative Assembly Act for the time being EIembersofAEsembly. t o be elected by the inhabitants of the said colony having any of the Schedule to 18 & 19 qualifications mentioned in tlie Electoral Act for the time being.

bc summoned ancl clioseii sliall contiiiuc for five years from tho day of Asseinbly. the return of the writs for choosing the samc and no longer subject

--

Tic. c. 54. 17 Vic. No. 41 s. 10. 1 Priug 224. Order in Council

29. Every Legislative Assembly of thc said colony hcreafter to nurntio,l s. 6. 1 Pring of 239.

Bcliediilc to 18 SC 10 Vic. c. 54. 17 Vic. No. 41 S. 21. 1 Pring 227.

S. 7. 1 Pring 239.

nevertheless to he sooiier prorogued or dissolved by the Governor. Gelzercd Provisioizs. Order in Council

30. SLibject to tlic! provisions coiitained in the Imperial Act of Leg.islatore the eighteenth and niiieteentli Victoria chapter fifty-four ancl of an en1poTvered to malic

Act of the eighteenth and nineteenth years of Her Majesty entitled allcl oilier dispoEal of c c Aw Act fo Repeal the Acts of Pudiunient lzow iu force mqmt ing the Uisposul of t k T u s t e L C L I I ~ S of lhe Crown it& Ha* Majesty’s Aqcstrcclicm S. 17. 1 Pyina 21.1.

Colonies and to iiicclcc other provision in. Iietc thcreoJ” which concern tlic EF::,p 18 & 19 inaiiitenance of existing contracts it shall be lawfiil for the legislature 17 vie. N ~ . 41 S. 43.

of this colony to malie laws for regulating the sale letting disposal ancl1 occupation of the wastc lands of thc Cro~v(~rl within the said colony.

31. It shall not be lamfd for the 1egiShtUrC of the co~oliy to Dutics not to be 1 vy any duty mpoii articles irnpoi$xxl 73011d jide for tlie supply of Her ~ ~ ~ I , ~ ~ l $ ~ $ ~ M jesty’s land or sea forccs nor to levy any duty imposc any pro- iuconsibtcnt wit11

Ordcr in Council hibition or restriction or grant any cxcmptioii from any cIrliwI)ack or trenties. other privilege upon thc impoidation or exportation of any articles nor E. 18. 1 Pring 241.

Schedule to 18 & 19

variance with any treaty or treaties coiicluded by IIer Majcsty with 17 Yc . No. 41 S. 45. any foreign power.

32. Subject to the provisions of this Act aiid notwithstancling Customs dulies u1ay any Act or Acts of the Imperial Parliament now in force to the contrary it slinll be lawful for tlie legislature of tlic colony to imposc Acts contrary of Prtrli~meut. to existing and levy such duties of customs as to them may seein fit on the ordel. in Council importation into thc colony of aiiy goods wares and merchandise ;cEiu; F;;&”yi whatsoever mlicther thc produce of or exported from the Uiiitecl vie. c. 54.

Kingdom or any of tlic colonies or dcpendencies of the United Kingdom ;7,,,iZ;6.41*. 45.

or any foreign country Proviclecl always that no new duty shall be so imposed upon the importation into tlie said colony of any article the producc or manufacture of or imported from any particular country or place which shall not be equally imposed on the importation into tlie said colony of tlie lilic article the produce or manufacture of OF exported from all otlier countries and places whatsoever.

33. All .laws statutcs aiicl orclinaiices which cut the time when Force of laws and this Act shall come into operatioii shall be iii force within the said ~ ~ ~ ~ ~ ~ $ . O f courts coloiiy shall remain and continue to bc of the same authority as if this Order in Council Act hacl not been inade except in so far as the same are repealed and ~ ~ ~ d , , ~ ~ ~ ~ ~ r;i varied hereby and all the courts of civil aiid criminal juriscliction Tic. 0.54.

authorities and all offices judicial admiiiistrative or ministerial within tlic said colony respectively except so far as the same may be abolished altered or varied by or may be incoiisistcnt with the provisions of this Act shall continue to subsist as if this Act 2iad not been macle.

. la\\ s r t p l a t iiig sale

\\asto ltmds. Ordcr in Council

229.

9 to‘enforce any dues or charges upon shipping contrary to or at Pic. c. 54.

1 Prlng 230.

be imposecl not

17 Vic. No. 41 8. 41. within tlie said colony and all cliarters legal commissions powers and 1 Priug 229.

Crown