COMMONWEALTH OF AUSTRALIA BILL:

line 5, the words including the northern
territory of South Australia,” agreed to,
987. Amendment by the Hon. E. Barton :
that the amendment suggested by the Coun-
cil of New South Wales be amended by
omitting the words "new states shall be
taken to mean such states as may thereafter
be admitted into or constituted by the
domiuion,” agreed to, 987. Amendment of
the Council of New South Wales, as amended,
agreed to, 987. Clause, as amended, agreed

to, 987.
Clause 6 (Repeal oi 48 and 49 Victoria, chapter

60), agreed to, 239.
Clause 7 (Operation of the constitution and

laws of the commonwealth), 239. Amend.
ment by Council, New South Wales, omit.
ting “and all treaties made by the common.
wealth,” 239 ; agreed to, 240. Amendment
by the Right Hon. G. H. Reid to omit “and
the laws and treaties of the commonwealth
shall be in force on board of all British ships
whose last port of clearance or whose port
of destination is in the commonwealth,”240;
withdrawn, 252. Amendment by Council,
South Australia, to insert “in addition to
the laws of Great Britain,” 240 ; negatived,
253. Amendment by Council, Victoria,
omitting “and the laws and treaties of the
commonwealth shall be in force on board of
all British ships whose last port of clearance
or whose port of destination is in the com-
monwealth,” negatived, 253. Amendment
by Council, New South Wales, omitting
"and treaties," agreed to, 253. Amend.
ments by Council, New South Wales, in-
serting " excepting her Majesty's ships and
vessels of war,” inserting “first instead
of “last " before “port of clearance,” in-
serting “and " instead of “or,” and insert.
ing " instead of “is,” agreed to, 253.
Clause, as amended, agreed to, 253.

are

Chapter 1.-The Parliament.

Part I.-General.
Clause 1 (Legislative powers), 253. Amend-

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6

COMMONWEALTH OF AUSTRALIA BILL:

make laws prescribing a uniform manner of
choosing the senators. Subject to such laws,
if any.

Amendment suggested by Assem-
bly of Victoria : After “prescribing" insert
" the times, places, and." Amendment sug.
gested by Council and Assembly of Tasmania
negatived, 987. Amendment suggested by

Assembly of Victoria agreed to, 988.
Paragraph 2. “Until such determination, and

unless the parliament of the commonwealth
otherwise provides, the laws in force in the
several states for the time being, relating to
the following matters, namely.” Amend-
ment suggested by Council and Assembly
of Tasmania : After “ determination " omit
"and unless the parliament of the common-
wealth otherwise provides." Amendment
agreed to, 988. Paragraph 2, as amended,
agreed to, 988. Clause, as amended, agreed

to, 989.
Clause 11 (Failure of a state to choose mem-

bers not to prevent business) agreed to,

989.
Clause 12 (Issue of writs) agreed to, 989.
Clause 13 (Retirement of members) agreed to,

989.
Clause 14. “ If the place of a senator becomes

vacant before the expiration of his term of
service the houses of parliament of the state
he represented shali, sitting and voting
together, choose a person to fill the vacancy
until the expiration of the term or until the
election of a successor as hereinafter pro-
vided whichever first happens. And if the
houses of parliament of the state are in
recess at the time when the vacancy occurs
the governor of the state, with the advice
of the executive council thereof, may ap-
point a person to fill the vacancy until the
beginning of the next session of the parlia-
ment of the state or until the election of a
successor, whichever first happens." Amend.
ment suggested by the Council and Assembly
of Tasmania : that after the word “until,"
line 13, the words “the expiration of four.
teen days after” be inserted, agreed to, 989.

Clause, as amended, agreed to, 989.
Clause 15. "The qualifications of a senator

shall be those of a member of the house of re-
presentatives,” 989. Amendment suggested
by the Council of Victoria, to add at the end
of clause " with the exception that he must
be of the full age of 30 years," negatived by

29 to 4, 990. Clause agreed to, 990.
Clause 16 (Election of president of the senate)

agreed to, 990.
Clause 17 (Absence of president provided for)

agreed to, 990.
Clause 18 (Resignation of place in senate)

agreed to, 990.
Clause 19. “The place of a senator shall be.

come vacant if for two consecutive months
of any session of the parliament he, without
the permission of the senate, entered on its
journals, fails to attend the senate," 990.
Amendment suggested by Assembly of Tas-
mania : After "for,” line 2, omit “two con-

COMMONWEALTH OF AUSTRALIA BILL:

:

COMMONWEALTH OF AUSTRALIA BILL:
Clause 43 (Questions as to qualifications and

vacancies), 464. Amendment by the Council
and Assembly of Tasmania providing that
any question of a disputed election relating
to a house of representatives shall be deter-
mined by that house, 464. Clause post.
poned, 466.

Consideration resumed, 993.
Amendment suggested by Council and As-
sembly of Tasmania, negatived : After “re.
presentatives” insert or any question of
à disputed election relating to that house,”:

and clause agreed to, 993.
Part IV.-Provisions relating to both houses.
Clauses 44 to 53 postponed, 467.
Clause 44. “Until the parliament otherwise

provides, each member, whether of the senate
or of the house of representatives, shall re.
ceive an allowance for his services of four
hundred pounds a year, to be reckoned from
the day on which he takes his seat," 993.
Amendment suggested by the Council of
South Australia and Council and Assembly
of Tasmania : Omit" four,” insert “three,
negatived, 995 ; clause agreed to, 996. New
clause to follow clause 44 suggested by the
Council of South Australia : “Nomember of
the senate or house of representatives whilst
in receipt, out of the general revenue, of
any official salary or annual sum shall be en-
titled to receive any such payment as afore-
said, except in so far as such payment may
exceed the amount such official salary or
annual sum”, negatived, 996. New clause
suggested by the Council and Assembly of
Tasmania:"41A. A member of a house of the
parliament of a state shall be incapable of
sitting in either house of the parliament of the
commonwealth,"negatived by 24 to 10, 1011.
New clause, suggested by the Council and
Assembly of Tasmania : "44B. A member of
either house of the parliament of the com-
monwealth shall be incapable of being chosen
or of sitting as a member of the other house
of the pariiament” agreed to, 1011.
Clause 45. “ Any person (1) who has taken an

oath or made a declaration or acknowledg.
ment of allegiance, obedience, or adherence,
to a foreign power, or has done any act
whereby he has become a subject or a citizen,
or entitled to the rights or privileges of a
subject or a citizen, of a foreign power ; or
(11) who is an undischarged bankrupt or in.
solvent, or a public defaulter; or (111) who
is attainted of treason, or convicted of felony
or of any infamous crime, shall be incapable
of being chosen or of sitting as a member of
the senate or of the house of representatives
until the disability is removed by a grant of
a discharge, or the expiration or remission
of the sentence, or a pardon, or release, or
otherwise,” 1011. Amendment by Mr.
Glynn : that the words "until parliament
otherwise provides” be inserted at the begin.
ning of the clause, negatived by 26 to
8, 2015. Amendment suggested by the As-
sembly of New South Wales to omit para-
graph 2, negatived, 1019. Clause agreed

a

COMMONWEALTH OF AUSTRALIA BILL:
Clause 46 (Place to become vacant on happen.

ing of certain disqualifications) agreed to,

1022.
Clanse 47, paragraph 2. “Any person, being a

member of the senateor of the house of repre-
sentatives, who, in the manner or to the ex-
tent forbidden in this section, undertakes,
executes, holds, enjoys, or continues to hold,
or enjoy, any such agreement, shall there.
upon vacate his place," 10:22. Amendment
by the Hon. E. Barton : That the following
words be inserted after the word “ agree-
ment,” paragraph 2 :-" from any part or
share of it, or any benefit or emolument
arising from it,” agreed to, and paragraph,
as amended, agreed to, 1022. Paragraph 3.
“ But this section does not extend to any
agreement made, entered into or accepted by
an incorporated company consisting of more
than twenty persons, if the agreement is
made, entered into, or accepted, for the
general benefit of the company.

Amend.
ment by the Hon. I. A. Isaacs : That the
word“twenty,"paragraph 3, be omitted with
the view to insert“ tewnty-five," agreed to,
10:27. Amendment by Mr. Glynn : That the
following words be added to the clause :-
"and the person holds less than one-twen.
tieth of the capital of the company,” nega-
tired by 26 to 7, 1028. Amendment by
Council of New South Wales to omit para-
graph 4 negatived, and clause, as amended,

agreed to, 1028.
Clause 45. Paragraph 1. “If a member of

the senate or of tho house of representatives
accept any office of profit under the Crown,
not being one of the offices of state held
during the pleasure of the governor-general,
and the holders of which are by this consti-
tution declared to be capable of being chosen
and of sitting as members of either house of
the parliament, or accepts any pension pay.
able out of any of the revenues of the com-
monwealth during the pleasure of the Crown,
his place shall thereupon become vacant, and
no person holding any such office, except as
aforesaid, or holding or enjoying any such
pension, shall be capable of being chosen or
of sitting as a member of either house of the
parliament,” 1028. Amendment suggested
by the Assembly of Victoria : Line 3, after

office," insert “except that of a justice of
the high court,” negatived, 1029. Para-
graph 2. “Until the parliament otherwise
provides, no person, being a member, or
within six months of his ceasing to be a
member, shall be qualified or permitted to
accept or hold any office the acceptance or
holding of which would, under this section,
render a person incapable of being chosen
or of sitting as a member," 1029. Amend-
ment suggested by the Legislative Council
of New South Wales : That paragraph 2 be

COMMONWEALTH OF AUSTRALIA BILL:
Clause 51. “The senate and the house of repre-

sentatives may each of them from time to
time adopt standing rules and orders,” 1035.
Amendment by the Hon. I. A. Isaacs : that
the word “standing” be omitted, agreed
to, and clause, as amended, agreed to,
1035.

Part V.-Power of the Parliament.
Clause 52.. " The parliament shall, subject to

the provisions of this constitution, have full
power and authority to make laws for the
peace, order, and good government of the
commonwealth with respect to all or any of
the matters following, that is to say":-1035.
Amendment suggested by the Assembly of
Tasmania: to omit the words “for the peace,
order, and good government of the common-
wealth," negatived, 10:37. Amendment sig.
gested by Assembly of Victoria : to add the
following words to sub-clause 1 providing
for regulation of trade and commerce :-
“Provided that all fermented, distilled, or
other intoxicating liquors or liquids trans-
ported into any state or territory or remain-
ing therein for use, consumption, sale, or
storage therein, shall upon arrival in such
state or territory be subject to the operation
and effect of the laws of such state or terri.
tory to the same extent and in the same
manner as though such liquors or liquids had
been produced in such state or territory;"
agreed to by 28 to 11, 1059. Sub-clause
agreed to, 1065.
Sub-clause 2. “Customs and excise and boun.
ties, but so that duties of customs and excise
and bounties shall be uniform throughout
the commonwealth, and that no tax or duty
shall be imposed on any goods exported from
one state to another," 1065. Amendment
suggested by the Council of New South
Wales : To leave out the words “ customs
and excise and bounties, but," negatived,
and sub-clause agreed to, 1068.
Sub-clause 3. “Raising money by any other
mode or system of taxation ; but so that all
such taxation shall be uniform throughout
the commonwealth,”1068. Amendment sug-
gested by the Council of New South Wales :
That sub-clause 3 be omitted, negatived,
and sub-clause agreed to, 1068.
Sub-clause 4. “Borrowing money on the pub.
lic credit of the commonwealth,” agreed to,
1068.
Sub-clause 5. “Postal, telegraphic, tele.
phonic, and other like services," 1068.
Amendment suggested by Assembly of South
Australia : to add “outside the limits of
the commonwealth,” negatived by 24 to 10,
and sub-clause agreed to, 1069.
Sub-clause 6. “Military and naval defence,”
agreed to, 1069.
Sub-clause 8. “Navigation and shipping,”
agreed to, 1069.
Sub-clause 9. “Ocean beacons and buoys, and
ocean lighthouses and lightships," 1069.
Amendment suggested by Assembly of Tas-
mania: to omit “ocean” wherever occurring,
negatired, and sub-clause agreed to, 1071.

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9

"

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COMMONWEALTH OF AUSTRALIA BILL :

the words “the appropriation of” and in-
serting the word " appropriating," 469 ;
agreed to, 476. Amendment by the Assem-
bly of Victoria omitting the words “ the
imposition of” and inserting the word “im-
posing,” 476 ; agreed to, 476. Amendment
by the Assembly of Tasmania : That a pro-
posed law which provides for the imposition
and appropriation of fines, cr for the demand
or payment and appropriation of fees or
licenses, or for services, and does not other.
wise impose any tax or appropriate any part
of the public revenue, may originate in the
house of representatives or the senate, 476;
amendment amended verbally, 480 ; amend.
ment by Mr. Glynn to insert after the word
“services" the words “ or as incidental to
its policy of salaries,” 480 ; negatived, 481 ;
amendment by the Hon. E. Barton inserting
after the word “revenue the words " or
moneys," and omitting the words “ either in
the house of representatives or,” 481 ; agreed
to, 481 ; amendment, as amended, agreed to,

481. Clause, as amended, agreed to, 491.
Clause 55 (Appropriation and tax bills), sub-
clause 1. “The senate shall have equal power
with the house of representatives in respect
of all proposed laws, except laws imposing
taxation and laws appropriating the neces-
sary supplies for the ordinary annual ser-
vices or government which the senate may
affirm or reject, but may not amend. But
the senate may not annend any proposed
law in such a manner as to increase any
proposed charge or burden on the people.
Amendment by the Council of Western Aus-
tralia, omitting "laws imposing taxation
and,” 481 ; negatived by 28 to 19, 537 ;
amendment by the Assembly of New South
Wales, omitting “ the necessary supplies
for the ordinary annual services of the go-
vernment,” and inserting "any part of the
public revenues or moneys,” 538; negatived,
538; amendment by the Council of South
Australia, providing that the senate may not
amend any proposed law in such a manner
as to increase any proposed charge or burden
on the people, 538 ; negatived, 538; sub-
clause 1, as read, agreed to, 538. Sub.
clauses 2 and 3 agreed to, 539. Amendment
by the Council and Assembly of Tasmania,
providing that the law which appropriates
the supplies for the ordinary annual ser-
vices of the Government shall deal only
with the appropriation of such supplies, 539;
agreed to, 540. Sub-clauses 4 and 5 agreed

to, 540. Clause, as amended, agreed to, 540.
Clause 56 (Recommendation of money votes)

agreed to, 541.
New clause by the Assembly of New South

Wales : “57 (a.) If either house of parlia-
ment shall, in two consecutive sessions of
the same parliament, with an interval of at
least six weeks between, pass and transmit
to the other house for its concurrence there.
in any proposed law which such other house
fails to pass without amendment, within
thirty days after receiving the same, in the
second session, or within such period passes,

: