New South Wales Constitution Act 1855 (Imperial) (Qld)

Queensland NEW SOUTH WALES CONSTITUTION ACT 1855 Reprinted as in force on 11 April 1996 (includes amendments up to 1907 7 Edw 7 c 7) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 11 April 1996. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • use standard punctuation consistent with current drafting practice (s 27) • use expressions consistent with current drafting practice (s 29) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provision that are no longer required (s 39) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A). Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including table of obsolete and redundant provisions.

Queensland NEW SOUTH WALES CONSTITUTION ACT 1855 TABLE OF PROVISIONS Section Page 1 Power to Her Majesty to assent to the reserved Bill in schedule 1 . . . . . . . 3 2 So much of the Acts in schedule 2 as relates to the Colony of New South Wales repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Provisions of former Acts respecting the allowance and disallowance of Bills preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Power to repeal and alter the provisions of the reserved Bill . . . . . . . . . . . 4 6 Provision for the separation of portions of the territory of New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Portions so separated may be erected into separate colonies . . . . . . . . . . . 5 8 Commencement of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Interpretation of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 7 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 8 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 10

s1 3 s2 New South Wales Constitution Act 1855 NEW SOUTH WALES CONSTITUTION ACT 1855 [as amended by all amendments that commenced on or before 11 April 1996] An Act to enable Her Majesty to assent to a Bill, as amended, of the Legislature of New South Wales, to confer a Constitution on New South Wales, and to grant a civil list to Her Majesty ˙ Power to Her Majesty to assent to the reserved Bill in schedule 1 1. It shall be lawful for Her Majesty in Council to assent to the said reserved Bill, 1 as amended as aforesaid, and contained in schedule 1, anything in the said specified Acts of Parliament, or any other Act, law, statute, or usage, to the contrary in anywise notwithstanding. ˙ So much of the Acts in schedule 2 as relates to the Colony of New South Wales repealed 2. From the day of the proclamation of this Act in the said Colony of New South Wales (the said reserved Bill, as amended as aforesaid, having been previously assented to by Her Majesty in Council as aforesaid), so much and such parts of the several Acts of Parliament mentioned in schedule 2 as severally relate to the said Colony of New South Wales, and are repugnant to the said reserved Bill, amended as aforesaid, shall be repealed; and the entire management and control of the waste lands belonging to the Crown in the said colony, and also the appropriation of the gross proceeds of the sales of any such lands, and of all other proceeds and revenues of the same, from whatever source arising, within the said colony, including all royalties, mines, and minerals, shall be vested in the Legislature of the said colony. 1 A Bill passed in 1853 and intituled ‘An Act to confer a constitution on New South Wales and grant a civil list to Her Majesty’.

s3 4 s4 New South Wales Constitution Act 1855 Provided that so much of the Acts of the thirteenth and fourteenth years of Her Majesty, chapter fifty-nine, and fifth and sixth years of Her Majesty, chapter seventy-six, mentioned in the said schedule, as relates to the constitution, appointment, and powers of the Legislative Council of the said Colony of New South Wales shall continue in force until the first writs shall have issued for the election of members to serve in the House of Assembly, in pursuance of the provisions of the said reserved Bill, amended and assented to as aforesaid, but no longer. Provided, that nothing herein contained shall affect or be construed to affect any contract or to prevent the fulfilment of any promise or engagement made by or on behalf of Her Majesty with respect to any lands situate in the said colony, in cases where such contracts, promises, or engagements shall have been lawfully made before the time at which this Act shall take effect within the said colony, nor to disturb or in any way interfere with or prejudice any vested or other rights which have accrued or belong to the licensed occupants or lessees of any Crown lands within or without the settled districts, under and by virtue of the provisions of any of the Acts of Parliament so repealed as aforesaid, or of any order or orders of Her Majesty in Council issued in pursuance thereof. ˙ Provisions of former Acts respecting the allowance and disallowance of Bills preserved 3. The provisions of the beforementioned Act of the fourteenth year of Her Majesty, chapter fifty-nine, and of the Act of the sixth year of Her Majesty, chapter seventy-six, intituled ‘An Act for the government of New South Wales and Van Diemen’s Land,’ which relate to the giving and withholding of Her Majesty’s assent to Bills, and the instructions to be conveyed to Governors for their guidance in relation to the matters aforesaid, and the disallowance of Bills by Her Majesty, shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the said reserved Bill and this Act, and by any other legislative body or bodies which may at any time hereafter be substituted for the present Legislative Council and Assembly. ˙ Power to repeal and alter the provisions of the reserved Bill 4. It shall be lawful for the Legislature of New South Wales to make

s6 5 s7 New South Wales Constitution Act 1855 laws altering and repealing all or any of the provisions of the said reserved Bill, in the same manner as any other laws for the good government of the said colony, subject, however, to the conditions imposed by the said reserved Bill on the alteration of the provisions thereof in certain particulars, until and unless the said conditions shall be repealed or altered by the authority of the said Legislature. Boundaries of the Colonies of New South Wales and Victoria along the River Murray defined 5. (This section is not reprinted because it is not applicable to Queensland.) ˙ Provision for the separation of portions of the territory of New South Wales 6. If Her Majesty shall at any time exercise the power given to Her by the said reserved Bill of altering the northern boundary of New South Wales, and if she shall in the exercise of such power separate from the said colony any entire electoral districts, the electoral districts so separated shall cease to return members to the Assembly of New South Wales; and if she shall, in the exercise of such power as aforesaid, separate from the said colony any portions of electoral districts, the remaining portions not separated shall continue to return to the said Assembly the same number of members as if no such separation had taken place, until the Legislature of New South Wales shall otherwise provide; and the said Assembly shall retain, so far as concerns the Colony of New South Wales as constituted after such separation, all the powers and functions vested in it, though it may not thereafter consist of the same number of members as before. ˙ Portions so separated may be erected into separate colonies 7. It shall be lawful for Her Majesty, by letters patent to be from time to time issued under the Great Seal of the United Kingdom of Great Britain and Ireland, to erect into a separate colony or colonies any territories which may be separated from New South Wales by such alteration as aforesaid of the northern boundary thereof; and in and by such letters patent, or by order in council, to make provision for the government of any such colony and

s8 6 s9 New South Wales Constitution Act 1855 for the establishment of a legislature therein, and full power shall be given in any by such letters patent or order in council to the Legislature of the said colony to make further provision in that behalf. ˙ Commencement of the Act 8. This Act shall be proclaimed in New South Wales by the Governor thereof within 1 month after a copy thereof shall have been received by such Governor; and this Act and the said reserved Bill, as amended as aforesaid (such Bill being first assented to by Her Majesty in Council), shall take effect in the said colony from the day of such proclamation. ˙ Interpretation of terms 9. In this Act— “Governor” shall mean the person for the time being lawfully administering the government of New South Wales. “Legislature” shall include as well the Legislature to be constituted under the said reserved Bill and this Act as any future Legislature which may be established in the said colony under the powers in the said reserved Bill and this Act contained.

7 New South Wales Constitution Act 1855 ¡ SCHEDULE 2 section 2 9 Geo. 4 c. 83 ‘An Act to provide for the administration of justice in New South Wales and Van Diemen’s Land and for the more effectual government thereof and for other purposes relating thereto’. 5 & 6 Vic. c. 76 ‘An Act for the government of New South Wales and Van Diemen’s Land’. 7 & 8 Vic. c. 72 ‘An Act to clear up doubts as to the regulation and audit of the accounts of the customs in New South Wales’. 7 & 8 Vic. c. 74 ‘An Act to explain and amend the Act for the government of New South Wales and Van Diemen’s Land’. 13 & 14 Vic. c. 59 ‘An Act for the better government of Her Majesty’s Australian colonies’.

8 New South Wales Constitution Act 1855 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 11 April 1996. Future amendments of the New South Wales Constitution Act 1855 may be made in accordance with this reprint under the ReprintsAct1992, section 49. 3 ´ AIA amd c def div exp gaz hdg Imp ins lap notfd om o in c p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading Imperial inserted lapsed notified omitted order in council page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

9 New South Wales Constitution Act 1855 ´ 4 List of legislation New South Wales Constitution Act 1855 18 & 19 Vic c 54 (Imp) date of assent 16 July 1855 commenced on date of assent as amended by— Australian Colonies Act 1861 24 & 25 Vic c 44 (Imp) s 4 date of assent 22 July 1861 commenced on date of assent Repealing Act 1867 31 Vic No. 39 s 2 sch date of assent 28 December 1867 commenced on date of assent Statute Law Revision (No. 2) Act 1893 56 & 57 Vic c 54 (Imp) s 1 sch date of assent 9 June 1893 commenced on date of assent Australian States Constitution Act 1907 7 Edw 7 c 7 s 1(4) sch date of assent 2 August 1907 commenced on date of assent ´ 5 List of annotations Preamble om 1893 56 & 57 Vic c 54 Provisions of former Acts respecting the allowance and disallowance of bills preserved s 3 amd 1907 7 Edw 7 c 7 s 1(4) sch Boundaries of the Colonies of New South Wales and Victoria along the River Murray defined s 5 amd 1893 56 & 57 Vic c 54 (This section is not reprinted because it is not applicable to Queensland.) Portions so separated may be erected into separate colonies s 7 amd 1861 24 & 25 Vic c 44 s 4 SCHEDULE 1—ANNO DECIMO SEPTIMO VICTORIÆ REGINÆ om 1867 31 Vic No. 39 s 2 sch SCHEDULE 2 amd 1893 56 & 57 Vic c 54 s 1 sch

10 New South Wales Constitution Act 1855 ´ 6 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context Acts Interpretation Act 1954 s 32A © State of Queensland 1996