Commonwealth Powers Act 1942 (1943 No 18) (NSW)

COMMONWEALTH POWERS ACT.*

Act No. 18, 1943.

An Act to refer certain matters to the Parlia- ment of the Commonwealth until the ex-' piration of five years after Australia ceases to be engaged in hostilities in the present war. [Assented to, 30th June, 1943.]

WHEREAS

"COPY OF THE MESSAGE FKOJI H I S EXCELLENCY THE GOVERNOR NOTIFYING

H I S ASSENT TO THE CO.MMONWEAI.TH POWERS BILL.

(Siiineil) Wakehurst, Governor. Message.

In a message dated the 24th day of December, 1942, the Governor notified liis assent to a Bill, intituled "An Act to refer certain matters to the Parliament of the Commonwealth until the expiration of five years after Australia ceases to be engaged in hostilities in the present war.''

Act No. 33, 1942.

Subsequently the Governor was advised that doubts had arisen whether "the Bill should not have been reserved under section 1 (subsection (1 ) , paragraph ( a ) ) , of the Australian States Constitution Act, 1907, for the signification of His Majesty's pleasure thereon. To resolve these doubts, the Governor sought instructions from Bis Majesty to assent to the Bill. Instructions so to assent have now been received from His Majesty, and His Excellency, pursuant to paragraph (c) of the proviso to subsection (1) of section 1 of the Australian States Constitution Act, 1907, has accordingly in the name of His Majesty, assented to the Bill and now transmits it to the Legislative Council, to be numbered and forwarded to the proper Officer for enrolment, in the manner required by law.
•Government House, Sydney, 30th June, 1943.

NOTE.—The Commonwealth Powers Bill assented to on the 24th December, 3942, appears in the 1942 Volume of the Statutes of New South Wales as

W H E R E A S it is enacted by the Const i tut ion of the

Commonwealth of Aus t ra l i a tha t the P a r l i a ­

ment of the Commonwealth shall subject to the Consti­ tu t ion have power to make laws for the peace, order and good government of the Commonwealth with respect to m a t t e r s re fe r red to the Pa r l i amen t of the Commonwealth by the Pa r l i amen t or Pa r l i amen t s of any S ta te or S ta tes , bu t so tha t the law shall extend only to S ta tes by whose Pa r l i amen t s the m a t t e r is referred, or which a f t e rwards adopt the l aw:

A n d whereas a t a Convention of represen ta t ives of the Commonweal th Government and of His Majes ty ' s Oppo­ sition in the Pa r l i amen t of the Commonwealth, and the P r e m i e r s and Leader s of the Opposit ion in the several S ta tes , which was convened to meet a t Canber ra on the twenty-four th day of November, One thousand nine hun­ dred and forty-two, it was unanimously resolved tha t adequate powers to make laws in relat ion to post -war reconstruct ion should be re fer red to the Pa r l i amen t of

the Commonwealth by the Pa r l i amen t s of the S t a t e s :

A n d whereas it was fu r ther resolved tha t the reference
should be for a per iod ending a t the expira t ion of five

yea r s af ter Aus t ra l i a ceases to be engaged in host i l i t ies

in the presen t w a r :

And whereas it was also resolved tha t it was desirable t ha t the reference should not be revoked dur ing t ha t pe r i od :

And whereas the P remie r s of the several S ta tes have agreed to do their u tmost to secure the passage through the i r respective Pa r l i amen t s , as ear ly as possible, of a Bill in this form, and in any event to introduce the Bill before the thirty-first d a y of J a n u a r y , one thousand nine hun­ dred and for ty - th ree :

And whereas it was also agreed tha t in the execution of laws made by the Pa r l i amen t of the Commonwealth with respect to ma t t e r s re fer red to it by section two of this Act the Commonwealth should, so fa r as might be reasonably pract icable, avail itself of the assis tance of the S ta tes a n d their officers, author i t ies and ins t rumenta l i t ies , and, with the consent of the Governor in Council, of any au tho r i t y const i tu ted under a law of a S t a t e : Be it therefore enacted by the K i n g ' s Most Excellent Majesty by and with the

advice

advice and consent of the Legislat ive Council and Legis­ lative Assembly of New South Wales in Pa r l i amen t assembled and by the au thor i ty of same as follows:—

1 .       This Act m a r be cited as the "Commonwea l th

P o w e r s Act, 1942." *

2 . The following ma t t e r s a re hereby refer red to the

Pa r l i amen t of the Commonwealth, tha t is to say—

(a) the reinstatement and advancement of those who have been members of the fighting services of the Commonwealth dur ing the war and the advancement of the dependants of those mem­ bers who have died or been disabled as a conse­ quence of the w a r ;

(b) employment and unemployment ;
(c) organised marke t ing of commodit ies ;

(d) uniform company legislat ion;

(e) t rus t s , combines and monopol ies ;

(f)	profiteering and prices (but not including prices or ra tes charged by S ta te or semi-governmental or local governing bodies for goods or se rv ices ) ;
(g )	the product ion (other than p r i m a r y product ion) and dis t r ibut ion of goods, and, with the consent of the Governor in Council, p r i m a r y product ion, but so tha t no law made under this p a r a g r a p h shall discr iminate between S ta tes or p a r t s of S t a t e s ;
(h)	the control of overseas exchange and overseas inves tment ; and the regulat ion of the ra is ing of money in accordance with such plans as a re approved by a major i ty of members of the Aus­
t ra l ian Loan Council ;
( i )	a i r t r a n s p o r t ;

( j )	uniformity of ra i lway gauges ;
(k)	national works, but so that the consent of the Governor in Council shall be obtained in each case before the work is under taken and tha t the work shall be car r ied out in co-operation with
the S t a t e ;

(1) nat ional health in co-operation with the S t a t e ;
(m) family al lowances; and

(n) the people of the aboriginal race.

3 . (1) This Act shall not be repealed or amended

except in the manner provided in this section.

(2)

(2) A Bill for repealing' or amending this Act shall not be presented to the Governor for His Majesty's assent until tlie Bill has been approved by the electors in accordance with this section.

(3) On a day to be appointed by the Governor in Council, but not sooner than three months after the passage of the Bill through both Houses of the Legis- lature, the Bill shall be submitted to the electors qualified to vote for the election of members of the Legislative Assembly.

(4) When the Bill is submitted to the electors, the vote shall be taken in such manner as the Legislature provides.

(5) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for His Majesty's assent.

4 . This Act, and the reference made by this Act, shall commence on the date upon which it is assented to, and shall continue in force for a period ending at the expira- tion of five years after Australia ceases to be engaged in hostilities in the present war; and no law made by the Parliament of the Commonwealth with respect to matters referred to it by this Act shall continue to have any force or effect, by virtue of this Act or the reference made by this Act, after the expiration of that period.