Commonwealth Powers Act 1943 (7 Geo Vi No. 19) (Qld)

2 COMMONWEALTH AND STATES. Commonwealth Power8 Act.7 GEO. VI. No. 19, COAL AND OIL SHALE MINE WORKERS PENSIONS. See MrnrNG. COMMONWEALTH AND STATES. *(1) Commonwealth Power8 Act,1943 7 Geo. VI. No. 19 (2) Financial Arrangement8 and Development Aid Act of 1942 6 Geo. VI. No. 26 7 N G o E . O. 19 V . I. An Act to refer certain matters to the Parliament COMMON· WEALTH of the Commonwealth until the expIration POWERS ACT 1943. of five years after Australia ceases to be engaged in hostilities in the present war. [ASSENTED TO 26TH AUGUST, 1943.] Preamble. WHEREAS it is enacted by the tConstitution of the Commonwealth of Australia that the Parliament of the Commonwealth shall subject to the Constitution have power to make laws for the peace, order and good government of the Commonwealth with respect to matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law: And whereas at a Convention of representatives of the Commonwealth Government and of His Majesty's Opposition in the Parliament of the Commonwealth, and the Premiers and Leaders of the Opposition in the several States, which was convened to meet at Canberra on the twenty-fourth day of November, one thousand nine hundred and forty-two, it was unanimously resolved that adequate powers to make laws in relation to post- war reconstruction should be referred to the Parliament of the Commonwealth by the Parliaments of the States: And whereas it was further resolved that the reference should be for a period ending at the expiration of five years after Australia ceases to be engaged in hostilities in the presAnt war: '" This Act, formerly bearing number 7 Geo. VI. No. 1, has been re-numbered 7 Geo. VI. No. 19, and now bears the date of assent as 26th August, 1943, see Message No. 3, Votes and Proceedings of the Legislative Assembly No. 9, p. 43, of August 31st, 1943. (Gazette No. 65, 1st September, 1943, p. 1035). t See Commonwealth of Australia Constitution Act (63 & 64 Vict. ch. 12), s. 51 (xxxvii.).

1943. COMMONWEALTH AND STATES. Oommonwealth Powers Act. 3 And whereas it was also resolved that it was desirable that the reference should not be revoked during that period: And whereas the Premiers of the 'several States have agreed to do their utmost to secure the passage through their respective Parliaments, as early as possible, of a Bill in this form, and in any event to introduce the Bill before the thirty-first day of January, one thousand nine hundred and forty-three: And whereas it was also agreed that in the execution of laws made by the Parliament of the Commonwealth with respect to matters referred to it by section two of this Act the Commonwealth should, so far as might be reasonably practicable, avail itself of the assistance of the States and their officers, authorities and instrumentalities, and, with the consent of the Governor in Council, of any authority constituted under a law of a State: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly bf Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as the Oommonwealth Soort title. Power8Act1943. 2. The following matters are hereby referred to the Reference of Parliament of the Commonwealth, that is to say- ~= : ~t of Common- (a) The reinstatement and advancement of those wealth. who have been members of the fighting services of the Commonwealth during the war and the advancement of the dependants of those members who have died or been disabled as a consequence of the war; (b) Employment and unemployment; (c) Organized marketing of commodities; (d) Uniform company legislation; (e) Trusts, combines, and monopolies; (f) Profiteering and prices (but not including prices or rates charged by St~ te or semi- governmental or local governing bodies for goods or services) ;

4 COMMONWEALTH AND STATES. Commonwealth Power8Act.7 GEO. VI. No. 19, 1943. (g) The production (other than primary produc- tion) and distribution of goods, and, with the consent of the Governor in Council, primary production, but so that no law made under this paragraph shall discriminate between States or parts of States; (h) The control of overseas exchange and overseas investment; and the regulation of the raising of money in accordance with such plans as are approved by a majority of members of the Australian Loan Council ; (i) Air transport; (j) Uniformity of railway gauges; (k) National works, but so that the consent of the Governor in Council shall be obtained in each case before the work is undertaken and that the work shall be carried out in co-operation with the State; (l) National health in co-operation with the State; (m) Family allowances; and (n) The people of the aboriginal race. Act not to 3. (1.) This Act shall not be repealed or amended ober armepeenadleedd except in the manner provided in this section. without approval of (2.) A Bill for repealing or amending this Act shall electors. not be presented to the Governor for His Majesty's assent until the 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 Parliament 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.

COMMONWEALTH AND STATES. 5 6 GEO. VI. No. 26, 1942. Financial Arrangements, Etc., Act. 4. This Act, and the reference made by this Act, Dumtion of shall commence on the date upon which it is assented to, Act. and shall .continue in force for a period ending at the expiration 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. An Act RelatingtoFinancial Arrangementsbetween 6 ~ ~ ~ · 2: ' I. the Oommonwealth and the State of Queens- FIll~IAL land, and for such purpose to suspend the D~ : = : = ! r imposition of State Income Tax and Income A1.Dl~~OF (State Development) Tax during the present War and for a prescribed period thereafter; to make further provision in aid of the planned Economic Development of the State, having in view War and Post-war require- ments, and for other purposes. [ASSENTED TO 19TH NOVEMBER, 1942.] ""l-XTHEREAS the Government of. the Commonwealth, Preamble. l' , in pursuance of its financial policy to meet the exigencies of the present War formulated a Scheme of Taxation, usually referred to as the Uniform Taxation Scheme: And whereas pursuant to such Scheme, four measures were passed by the Parliament of the Common- wealth, namely, *The Income Tax (War-time Arrange- ments) Act, 1942, tThe Income Tax Assessment Act, 1942, tThe Income Tax Act, 1942, and §The States Grants (IncomeTaxReimbursement)Act, 1942: . . And whereas pursuant to the provisions of section four of §The States Grants (Income Tax Reimbursement) Act, 1942 of the Commonwealth it is provided that in every * No 21 of 1942 of the Commonwealth. t No. 22 of 1942 of the Commonwealth. ~ No. 23 of 1942 of the Commonwealth. § No. 20 of 1942 of the Commonwealth.