Commonwealth Powers (War) Act 1915 (NSW)

COAIMONAVEALTH POWERS

(AVAR) ACT.

Act No. 65, 1915.

An Act to refer certain matters to the Parliament of the Commonwealth for the duration of the present war, and for a period of twelve months after the conclusion of peace. [Assented to, 21st December, 1915.]

WHEliEAS it is enacted by the Constitution 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

matters referred to the Parliament of the Common­ wealth 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 certain pro­ posed laws for the alteration of the Constitution of the Commonwealth have been passed by an absolute majority of each House of the Parliament of the Commonwealth, and writs have been issued by the Governor-General for the submission of those proposed laws to the electors of the Commonwealth : And whereas as a result of dis- cussion which arose at a financial conference of the Premiers of the States, held in Melbourne in the month of November in the year one thousand nine hundred and fifteen, it was agreed between the said Premiers and the Prime Minister of the Commonwealth that t h e Premiers would bring forward in their respective Par­ liaments legislation for referring to the Parliament of the Commonwealth the matters specified in this Act, and that the Government of the Commonwealth would postpone (luring t h e currency of the war t h e taking of the vote of the electors of the Commonwealth upon the said proposed laws for the alteration of the Constitution : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . This Act may be cited as the "Commonwealth Powers (War) Act, 1915."

2 . This Act shall commence on a day to be pro- claimed by the Governor.

3 . Subject to the limitations and conditions in this Act contained, the following matters are hereby referred to the Parliament of the Commonwealth, that is to say :—

(i) Trade and commerce,

(ii) Corporations, including—

(a)	the creation, dissolution, regulation, and control of corporations ;
(b)	corporations formed under the law of a State, including their dissolution, regu­ lation, and control; but not including

municipal

municipal or governmental corpora­ tions, or any corporation formed solely for religious, charitable, scientific, or artistic purposes, and not for the acquisi­ tion of gain by the corporation or its members ; and

(c) foreign corporations, including their

regulation and control.

(iii) The following matters :—

(a) Employment and unemployment.
(b) Strikes and lock-outs.
(c) The maintenance of industrial peace.
(d) The settlement of industrial disputes.

(iv) Conciliation and arbitration for the prevention and settlement of industrial disputes in relation to employment in the railway service of a State.

(v) Trusts, combinations, monopolies, and arrange­

ments in relation to—

(a)	the production, manufacture, or supply of goods, or the supply of services, or
(b)	the ownership of the means of produc­ tion, manufacture, or supply of goods, or supply of services.

(vi)   The carrying on, by or under the control of the Commonwealth, of any industry or business of producing, manufacturing, or supplying any specified goods, or of supplying any specified services, which industry or business each House

of the Parliament of the Commonwealth, in the same session, has by resolution passed by

an absolute majority of its members declared to be the subject of a monopoly; and the acquisition for that purpose on just terms of any property used in connection with the industry or business:

Provided that this paragraph shall not apply to any industry or business conducted or carried on by the Government of a State or any public authority constituted under a State.

4 . Nothing in this Act contained shall he construed to empower the Parliament of the Commonwealth or any authority constituted under the Commonwealth to affect the control or management of railways the pro- perty of a State, or the rates or fares on sucli railways.

5 . This Act, and the reference made hy this Act, shall continue in force for the duration of the present war hetween His Majesty and the German Empire, and for a period of twelve months after the declaration of peace, and no longer ; and are suhject to the limitatio7i that no law made by the Commonwealth by virtue of the powers contained in 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.