Australasian Federation Enabling Act 1895 (NSW)

No. XXIV.

An Act to enable New South Wales to take part in the framing, acceptance, and en- actment of a Federal Constitution for Australasia. [23rd December, 1895.]

of a Eederal Constitution for Australasia : And whereas it is desirable WH E R E A S it is proposed that Legislative provision shall he made hy the Colonies for the framing, acceptance, and enactment

that New South Wales should he represented at the Convention, which it is proposed shall frame the said Constitution : Ec it therefore enacted hy the Queen's Alost Excellent Majesty, hy and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—•

of New South Wales in the Convention.

1. This Act may be cited as the "Australasian Eederation Enabling Act, 1895."
2. I n this Act the following terms bear the meanings set opposite to them respectively :—

" Colonies"—The Colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, and Western Australia, and the Province of South Australia, including the Northern Territory.

" Constitution "—The Eederal Constitution framed or accepted

pursuant to this Act.

" Convention"—The Convention provided for by this Act.

"Governor"—The Governor, with the advice of the Executive

Council.

" Prescribed"—Prescribed by Regulation made under this Act.

"Proclamation"—Proclamation hy the Governor published in

the Gazette.

" Representatives of New South Wales "—The Representatives

3. The chief objects of this Ac t are to provide as follows :—

(i) F o r t he representa t ion of N e w South Wales at a Convent ion

consisting' of t he Representa t ives of each Colony represented, charged wi th t h e du ty of f raming a Federa l Const i tu t ion for Australas ia .

(ii)    F o r submi t t ing the Const i tu t ion so framed to t he electors for t h e Legislat ive Assembly for acceptance or rejection by direct vote .

( i i i )	Fo r t r ansmi t t i ng the Const i tut ion for enac tment by the
Im pe r i a l Par l i ament .

4. This Act shall come into operat ion on a day to be fixed by proclamat ion, when, two Colonies, in addit ion to N e w South Wales , have adopted legislation providing, in respect of those Colonies, for t he election of t he representat ives of those Colonies a t t he Convention.

5. This A c t is divided in to four Fa r t s , as follows :—

P A R T	I.—The	Convention.
P A R T	I I . — T h e	submission to the Electors.

P A R T I I I . — T h e transmission for Legislative Enactment.

P A R T Iv.—Supplemental.

P A R T	I .
The	Convention.

0. The Convention shall consist of ten Representa t ives of each

Colony represented.
7. The Convent ion shall be charged wi th the d u t y of f raming

for Austra las ia a Federa l Const i tu t ion unde r the Crown in t he form of

a Bill for e n a c t m e n t by t he Imper i a l Par l i ament .

8. Eve ry M e m b e r and every person eligible for membersh ip of e i ther H o u s e of Pa r l i amen t shall be eligible for membersh ip of the

Convent ion as a Represen ta t ive of New South Wales . And any one h u n d r e d or more electors duly qualified to vote for t he election of a M e m b e r of t he Legislat ive Assembly shall be ent i t led in t he prescribed m a n n e r to nomina te a n y eligible person, whose consent in wr i t ing shall accompany such nominat ion for such membersh ip , and after such nomin­ at ion has closed, the list of persons so nominated, wi th the i r residence and occupation, shall be advert ised in t he alphabet ical order of their surnames a t least th ree t imes in every newspaper publ ished in t he Colony.

9. The seat of a Representa t ive of New South Wales shal l be

vaca ted—

(i)    B y res ignat ion unde r his h a n d addressed to the Governor,

(ii) By absence, without the leave of the Convention, from any

five si t t ings thereof,
( i i i ) By any other c i rcumstance , except absence	from	the

Assembly, wh ich in the case of a Member of the; Legislat ive

Assembly would vacate his seat in the Assembly.

10. The first vacancy occurr ing pursuant to the preceding section :

shall for thwith be filled by the appoin tment by t he Governor of the candidate who, not being, nor hav ing been, a Member of the Conven­ t ion was highest on the Poll . Eve ry subsequent appointment to be made in l ike manner .

1 1 . Every person being the; holder of an Elec tor ' s R i g h t shall

be qualified and ent i t led to vote for the election of Representative's of

New South Wales .

12. The first election of Representat ives of N e w South W a l e s :

shal l t ake place on a day to be fixed by Proclamat ion , which day, as near ly as m a y be convenient ly practicable, shall be t he same as t he day

of first election of Representa t ives of other Colonies. 13.

13 . The vot ing shall be t aken t h r o u g h o u t N e w Sou th Wales as

one Electoral Distr ict , and every voter shall vote for t h e full n u m b e r of Representa t ives required , otherwise the vote shall be rejected as informal .

I t . N o person shall vote more t h a n once a t the same election of Representa t ives of N e w South Wales .

15. If any question avisos respect ing t he validity of an election
or r e t u r n t he same shall be heard and determined by a Commit tee

appointed by the Convent ion as prescribed. A n d P a r t V of the;

Pa r l i amen ta ry Electorates and Elect ions Ac t of 1893 shall, mutatis

mutandis, apply in respect of the powers, dut ies , and proceedings of the

said Commit tee ac t ing under the au thor i ty of th is section.

16. The result of every election for Representa t ives of Now South W a l e s shall be reported to and certified by t h e Chief Secretary in m a n n e r prescribed, whose certificate shall be conclusive, except in proceedings for contes t ing t he val idi ty of the election.

17. W h e n the first elections have been held in three or more Colonies, a mee t ing of t he Convent ion shall be convened for such time; and place as a major i ty of t h e Governors of such Colonies may decide, or, in case of an equal division, as the Governor of t he senior of such

Colonies m a y fix.

18 . The Convent ion may adopt S tanding Orders, and m a y pro­ vide for keep ing and publ i sh ing records and journa ls of its proceedings, and for t h e conduct of its business, in such m a n n e r as m a y bo t h o u g h t f i t ; and in cases not otherwise provided for, the proceedings of the Convent ion shall be regula ted by the S tand ing Orders and pract ice of the House of Commons so far as applicable.

19. The Convent ion shall at its first meet ing , before proceeding to t he despatch of any other business, elect a M e m b e r of t he Con­ vent ion to be the Pres ident thereof.

20. The Pres ident m a y resign his office, or he may bo removed from office by a vote of t he Conven t ion ; and upon his ceasing to be a member of t he Convention his office shall become vacant .

2 1 . I n the case of the absence of t h e Pres ident the Convent ion

m a y choose some other M e m b e r of the Convention to perform his

duties dur ing his absence.

22. W h e n e v e r a vacancy occurs in t he office of Pres ident , such

vacancy shall for thwi th be filled by a fresh election.

23. The presence, exclusive of t he Pres ident , of a t least one-half

of t h e to ta l n u m b e r of the Members of t h e	Convent ion shall bo
necessary to const i tute a meet ing of t he Convent ion for the; exercise of
i ts	powers.

24. The Convent ion m a y appoint Commit tees of its Members which shall repor t to the Convent ion.

25 . Quest ions arising in t he Convent ion shall be decided by a major i ty of t he votes of the Member s present , o ther t h a n the Presi­ den t ; and when on any division the votes are equal , b u t no t other­ wise, t he Pres ident shall have a vote, and his vote shall decide t he quest ion.

26. W h e n the Const i tu t ion has been framed by the Convention, copies thereof shall be supplied to the Members of t h e Convent ion, a n d t h e Pres ident shall declare the s i t t ing of t he Convent ion adjourned to a t ime and place to be fixed by t h e Convent ion, no t be ing loss t h a n sixty nor more t h a n one h u n d r e d and t w e n t y days thereaf ter . A n d as soon as convenient t he draf t Const i tu t ion shall bo submi t ted for consideration to each House of Pa r l i amen t s i t t ing in Commit tee of t he Who le , and such amendmen t s as may be desired by the Legis­ l a tu re , toge ther wi th the draft Const i tut ion, shall be remit ted to t he

Conven t ion t h r o u g h t h e Senior Represen ta t ive .

2 7 . On the reassembling of the Convention, t he Const i tu t ion

as f ramed prior to the ad journment shall be reconsidered, together wi th such suggested amendmen t s as shall have been forwarded by the various Legis latures , and the Const i tu t ion so framed shall be finally adopted wi th any amendmen t s tha t may be agreed to.

2 8 . So soon as t he Convention has finally adopted a Federa l

Const i tu t ion as required by the preceding section, and has disposed of all incidental business, copies certified by t h e Pres ident shall be supplied in duplicate to the Members of t h e Convention, and the President shall declare t he proceedings of t he Convent ion closed.

2 9 .    The Representa t ives of N e w South Wales shall cease to hold

office a t t he expira t ion of a period to be proclaimed by the Governor

in t he Gazette.

3 0 . N e w South Wales shall con t r ibu te to t he paymen t of t he

expenses of the m e e t i n g and proceedings of t he Convention in the pro­ port ion wh ich the populat ion of New South Wales bears to t he to ta l popula t ion of the; Colonies represented a t t h e Convention, and the Colonial Treasurer shall m a k e such p a y m e n t accordingly out of the

Consolidated Revenue F u n d .

P A R T I I .

The Submission to the Electors.

3 1 .    W i t h i n fourteen days after the close of t h e proceedings of

the Convent ion, t he certified copies of the Const i tut ion shall be forwarded by the Pres iden t of t he Convent ion and by the Representa­ tives of N e w South W a l e s or ONE of t h e m to t he Governor.

3 2 . So soon as pract icable after the close of t he proceedings of

t he Convent ion, the quest ion of t he acceptance or rejection of t he Const i tu t ion shall be referred and submi t ted to t he vote of all persons in NEW South Wales qualified and enti t led to vote for t h e election of Member s of t h e Legislat ive Assembly.

The vot ing shall be t aken t h roughou t N e w South Wales as one

Electora l Dis t r ic t .

3 3 . Each voter shall vote by bal lot " Y e s " or " N o " on the

quest ion, in accordance wi th the direction on the Bal lot-paper in t he

Schedule here to , and all votes shall be t aken on t h e same day.

3 4 . No person shal l vote more t h a n once on the quest ion.

3 5 . The major i ty of votes shall decide t he question, and if t he

Const i tu t ion he thereby rejected, no fur ther act ion shall be t aken

p u r s u a n t to this A c t : Provided t h a t any n u m b e r of votes in the affirmative less t h a n fifty t housand shall be equivalent to the rejection of t he Bill .

P A R T I I I .

The Transmission for Legislative Enactment.

3 6 . If two Colonies, in addi t ion to N e w South Wales , accept

t h e Const i tu t ion, bo th	Houses of	Pa r l i amen t	m a y adopt Addresses	to
t he Queen, p ray ing tha t t he Const i tu t ion m a y be passed into law by t h e Impe r i a l Pa r l i amen t	upon	receipt	of similar addresses from	the

Par l i aments of two such Colonies.

3 7 . W h e n Addresses have been agreed to p u r s u a n t to the

preceding section, t h e same shal l be t ransmi t ted to the Queen with a

certified copy of the Const i tut ion.

P A R T

P A R T I V .

Supplemental.

38. If any person votes or a t t empt s to vote more t h a n once contrary to sections fourteen or thir ty-f ive he shall he l iable to a penal ty no t exceeding fifty pounds, or, a t the option of the Court , to impr i sonment not exceeding- six calendar mon ths .

39. F o r t he purpose of ho ld ing elections of Representat ives of N e w South Wales , and of submi t t ing the acceptance or reject ion of t he Const i tu t ion to the electors, t he Governor m a y cause wri t s to be issued in such form and addressed as he th inks fit.

40. Unless and un t i l otherwise prescribed, t he laws re la t ing to t he conduc t of elections for the Legislat ive Assembly, t he proceedings before and a t and subsequent to such elections, t he t r ia l of disputed elections, electoral offences, and all incidental mat te rs , shall apply, mutatis mutandis, to t he election of Representa t ives of New South Wales , and to the proceedings for submi t t ing the acceptance or rejection of the Const i tu t ion to t he electors.

4 1 . The Governor may m a k e regulat ions prescr ibing the mode

of nomina t ing candidates, of holding elections of Representa t ives of N e w South Wales, and submi t t i ng t he acceptance or rejection of t he Const i tu t ion to the electors, and general ly for t he purposes of car ry ing in to effect such provisions of th is Act as re la te to N e w South Wales .

42. Al l such regulat ions shall be publ ished in t he Gazette, and

on such publ icat ion shall have the force of l a w ; and all such regula t ions shall be laid before bo th Houses of Pa r l i amen t wi th in

fourteen days after the m a k i n g thereof, if Pa r l i amen t be t hen s i t t ing,

or if Pa r l i amen t be no t t hen s i t t ing, wi th in fourteen days after t h e

n e x t mee t ing of Pa r l i amen t .

4 3 . A n y such regula t ion m a y provide for the enforcement

thereof by a penal ty not exceeding fifty pounds , or, a t t he option of t he

Court , by impr i sonment not exceeding six calendar mon ths .

44. Penal t ies imposed by, and offences against , t he provisions
of th is Act , or any regula t ions made thereunder , may bo recovered,

heard, and de termined by a Police or St ipendiary Magis t ra te , or any

two Jus t ices of t he Peace in P e t t y Sessions.

T H E S C H E D U L E .

AtrsinALAsiAjr F E D E R A L CONSTITUTION.

Ballot Paper.

A r e you in favour of the proposed Federa l Const i tut ion Bill ?

"	Y E S . "
"	N O . "

If you are in favour of the Bill s t r ike out the above word " N o . "

I f you are against the Bill s t r ike out the above word " Yes . "

No. X X V .