The Federal Council (Adopting) Act 1885 (WA)

49 VICTORLE. No. 24

The Federal Council (Adopting) Act, 1885

WESTERN AUSTRALIA

ANNO QUADRAGESIMO MONO

VICTORI}E REGINA?,

No. 24

An Act to bring into operation, in respect of the Colony of Western Australia, an Act of the Imperial Parlia- ment, entitled 'An Act to constitute a Federal Council of Australasia.' [Assented to 24th September, 1885.

21 camb]e

HEREAS by an Act of the Parliament of the United Kingdom

of Great Britain and Ireland, passed in the forty-ninth year of

Her Majesty's reign, and entitled An Act to constitute a Federal

Council of Australasia,' it is enacted that there shall be in and for Her

Majesty's possessions in Australasia a Federal Council, constituted as

by the said Act is provided, and called ' The Federal Council of

Australasia,' which shall have the functions, powers, and authority by

the said Act defined • And by the said Act it is further enacted that

each of the Australasian Colonies shall be represented in the said

Federal Council by two members, except in the case of Crown Colonies,

which shall be represented by one member each ; but that Her

Majesty, at the request of the Legislatures of the colonies, may by

Order in Council from time to time increase the number of represen-

tatives for each colony ; And by the said Act it is further enacted that

the Legislature of any colony may make such provision as it thinks fit

for the appointment of the representatives of that colony, and for

determining the tenure of their office ; And by the said Aet it is further

enacted that the said Act shall not come into operation in respect of

any colony until the Legislature of such colony shall have passed an

Act or Ordinance declaring that the same shall be in force therein,

and appointing a day on and from which such operation shall take

effect, nor until four colonies at the least shall have passed such Act

or Ordinance ; And whereas it is desirable that the said Act should

come into operation in respect of the Colony of Western Australia, and

that provision should be made for the appointment of a representative of

the said colony in the said Federal Council : Be it therefore enacted

by His Excellency the Governor of Western Australia and its Depen-

dencies, by and with the advice and consent of the Legislative Council

thereof, as follows :—

Federal COMICii

Act to be in 1. In pursuance of the powers contained in the said recited Act of

force in Western	the Imperial Parliament it is hereby declared and enacted that the
Australia
from let Decem-	said Act shall come into operation and be in force in Western Australia
ber, 1885, or
afterwards on	on and from the first day of December, one thousand eight hundred
adoption by	and eighty-five, if at that date the said Act is in force in at least three
three other
Cole:lies	other of the Australasian Colonies. If at that date the said Act is not in force in at least three other of the Australasian Colonies, then it shall come into operation and be in force in Western Australia so soon after

49 VICTORI/E. No. 24

The Federal Council (Adopting) Act, 1885

the first day of December, one thousand eight hundred and eighty-five, as it shall also be in force in at least three other of the said colonies.

Subject to the provisions hereinbefore contained, if under the provisions of any Act or Ordinance of any colony the coining of the said Act into operation in such colony is made contingent upon the said Act being in force in Western Australia, then the said Act shall come into operation and be in force in Western Australia when and so soon as its coming into operation and being in force in Western Australia Would bring it into operation in such colony.

The coining of the said Act into operation in Western Australia shall be notified by the Governor by Proclamation.

2 The representative of the Colony of Western Australia in the Federal Council shall be appointed by the Governor, by Commission,

Representative to be appointed

by Commission

under the hand of the Governor and the Seal of the Colony, and shall

under the Seal

hold office during pleasure.

of the Colony

3. Any such representative may resign his office by a letter addressed to the Governor, and upon the receipt of such letter by

Resignation of

Office

the Governor the office shall become vacant.

4. If any such representative fails for a whole Session of the Federal Council to give his attendance in the Council, without the leave of the Governor, signified by the Governor to the Federal Council, or becomes bankrupt or insolvent or takes the benefit of any Act for the relief of insolvent debtors, or becomes a public contractor with the Government of any of the Australasian Colonies in respect of which the said Act is in operation, or is attainted of treason or convicted of felony or any infamous crime, he shall be removed from his office.

Vacation of

office

5. Every appointment, removal, and resignation of a representative shall be notified by the Governor to the Legislative Council by mes-

Appointments and vaeanciei

be notified to

sage as soon as possible after such appointment, removal or resigna-

Legislature by

tion takes place, and shall also be publicly notified in the Government

message

Gazette.'

6. Every such representative shall be entitled to be paid from the public funds all reasonable expenses approved by the Governor in-

Representative

to receive

expenses of

curred by him in and about his attendance at the Federal Council or

attendance

any Committee thereof.

Provided that the office of a representative of Western Australia in the Federal Council shall not be deemed to be an office of emolu- ment or of profit under the Crown, within the meaning of any Act of the Parliament of the United Kingdom of Great Britain and Ireland or of the Legislative Council of the Colony in that behalf.

Proviso

sentative or representatives of the Colony of Western Australia, who presentation 7. The appointment and tenure of office of any additional repre- Additional re-

may hereafter be added to the Federal Council, shall be regulated by

this Act.

8. This Act may be cited as ' The Federal Council (Adopting) short title

Act, 1885.'

F. NAPIER BROOME,

GOVERNOR.