The Federal Council Adopting Act 1888 (SA)

ANNO QUINQUAGESIMO PRTMO ET QUINQUAGESIMO

SECUNDO

A.D. 1858.

No. 440.

An Act to bring into operation, in respect of the Province

of South Australia, an Act of the Imperial Parlia-

ment intituled "An Act to Constitute a Fcdcral

Council of Australasia,"

[Assez fed to, December 8th, 1888.1

W II.i'ERFAS by an Act of t,he Parliament of thc United Premble. ICingdom of Great Britain and Ireland, passed in tlle forty-

ninth year of Her Majesty's reign, and intituled '' An h o t to Con- stitute a Federr1.1 Council of Australasia," it is enacted that there sEiall be in and for Her Majesty's Possessions in Australasia a Federal Council constituted a s hy the said Act is provided, and called the Fedrral 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 A~~stralasian

Colonies shall be represented in the said Fcdcral Council by two members, except i11 the case of Crown Colonies, which shall be represented by oile member each, but that Her Majesty, at the request of thc Legislatures of the Colonies may, by order in Council from time to time increase the number of representatives for each Colony: And by the said Act i t is further enacted that the Legis- lature of any Colony may make such provision as it thinks fit for

the appointment of thc representatives of that Colony, and for

determining the tenure of their office: And by the said Act it is further enacted that the said Act shall nnt 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

4 4 ~ least

51" & 52' VICTORIE, No. 440.

The Federal Council Adopting Act.- 1888,

least shall have passed such Act or Ordinance: And whereas it is desirable that the said Act should come into operation in respcct to the Province of South Australia, and that provision should be made for the appointment of representatives of the said colony in the said Federtl Council-BC it Enacted by the Governor of the Province of South Australia, with the advice

and consent of the Legislative Council and House of Assembly

of the said province, in this present Parliament assembled, as

follows:

to be in force in	1. In pursuance of thc powers contained in the said recited Act, day of Decsarber, one thousand eight hundred and eighty-eight, and shall cease to be in operation and forcc in South Australia on and after the tenth day of December, one thousand eight hundred and ninety.
south Australia from	it is herebv declared and enacted that the said Act shall come in to

for two yoars. loth, lsas) operation knd be in forcc in South Australia on and from thr tenth

First representatives	2,	The first representatives of the Province of South Australia, in
of South Australia to

be appointed by the

thc Federal Council shall be appointed by the Govcrnor by Com-

Governor, and

vacancies filled by tho

mission under the hand of the Governor and the Great Seal of

Rouses of Parliament.

the province, and shall hold office during plcssute: Provided that in the event of the Government in office at the time of the appoint- ment of such representatives retiring fiom officc, vacancies shall bc created in the officr of soch representatives: Provided also, that any represcntative shall be removed, if at any time an address be presented to the Governor from both Houses of Parliament praying for such removal. The representatives of the provincc, after the first nppoint- rnent, shall be elected by the membe~s of the Legislative Council and House of Assembly, and for that purpose it shall be lawful for the Governor, by Proclamation, to appoint a timr, and place, and mode for such elcctiorx, and immediately after the result of such clcction shall be certified by thc President of the Lcgislative Council

and the Speaker of the IIouse of Assembly, thc Governor shall, by commission, appoint the persons so elected to be such representatives

accordingly. KO person shall hold office as a representative of the

province for more than one year without re-appointment.

Quditlcation of

representatives. 3, Every person appointed as a representative must, at the time

of his appointment-

(1) Be a member of the Executive Council; or,

(2) Be a member of tho Legislative Council or House of

Assembly,

R e 6 ~ t i o n of office, 4. Any representative may resign his office by a letter addressed

t b the Governor, and upon the receipt of such letter by the

Governor the office shall become vacant.

vacancies to be 5. Every appointment, removal, and resignation of a representa-	Appointments and
nofledtoLsgiB4tUre tive shd1 be notified by the Governor to the Legislative Council
by message. and

~ I O & 52' VICTORIE, No. 440.

The Federal Council Adoptin-g Act.-- l88 8.

and House of Assembly by message forthwith after such appoint-

ment, removal, or resignation takes place, and shall also be publicly

notified in the Go.uernment Gazette.

6. Each representative shall be entitled to be paid, out of RepresenM~eato receive expenses of

any moneys to be appropriated by parliament for t h ~ purpose, attendance.

all reasonable expenses incurred by him in and about his at-

tendance at the Federal Council, or any committee thereof.

7. No matter or question shall be refcrred from South Australia Reference to bo by

to the Federal Council under the provisions of the said rccited Act of thc ImpcrialParliament~, except by an Act of the Parliament of South Australia, the second and third readings whereof shall have been

passed with the concurrence of an absolute majority of the whole

of the members of the Legislative Council and of the House of

Assembly respectively.

8. This Act may be cited as '' The Federal Council Adopting short tit^^.

Act, 1888."

I n the name and on behalf of He1 Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor.

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-C- i_-

Adelaide : By authority, H. F. LRADER, Goverxlment Printer, North-terrace.