Chapter XI: Appendix: To IX

THE NEW FEDERAL SCHEME.[5]

Now that the Adelaide Convention has completed its labours, it is possible to give a connected view of the provisions of the draft Constitution Bill, as it will be submitted to the local {238} Parliament, and then after it has been again dealt with by a second meeting of the Convention at Sydney, to the vote of the people.

The Bill provides for the constitution of the Commonwealth of Australia and for the appointment of a governor-general by the Queen, at a salary of L10,000. The Federal Parliament is to consist of two Houses--the Senate and the House of Representatives. The former chamber will be composed of six members for each state. They are to be elected by the electors of the Legislative Assembly in each colony for a term of six years, and one-half will retire every three years. For the election of these senators each colony will be regarded as one electorate, and no one will be allowed to vote at more than one polling-booth on the day of election. In other words, the election will be conducted on the same lines as the recent election of representatives to the Federation Convention. At the first meeting of the Senate, the members elected for each state will be divided by lot into two classes, and the seats of those in the first class are to be vacated at the end of the third year, but the others will continue to be members of that House for the full term of six years. In this way one-half the members of the Senate will be elected by the people every third year.

The House of Representatives is to be composed of members directly chosen by the people of the several states, and the number which each colony will return will depend on its population. This Chamber is, as nearly as practicable, to contain double the number of members of the Senate. The House of Representatives would therefore consist, at the outset, of about seventy-two members, which would give as nearly as possible, one member for every 50,000 of the population. Victoria would, roughly speaking, have about twenty-two members. In order, however, to protect the interests of the smaller states in this House, it is provided that Tasmania, South Australia, and Western Australia, shall be entitled to at least five members each, although on the population basis, the island colony might not be able to claim more than four members. Until the Federal Parliament otherwise provides, each local or state Parliament can determine into how many electoral divisions the colony should be divided for the purpose of returning members to the House of Representatives, but should it not divide the state into {239} electoral districts, then each colony is to be regarded as one electorate, in the same way as in the case of the election of senators.

The duration of every House of Representatives will be three years, unless it is sooner dissolved by the Governor-General. There is no power, however, conferred on the Governor-General to dissolve the Senate. The qualification of electors of members of the House of Representatives is in each state to be that for electors of the more numerous House--or Legislative Assembly--of the state. The members of both Houses are to receive an allowance of L400 each per annum for their services.

The following are the subjects the Commonwealth Parliament is to be empowered to legislate upon and deal with:--

1. The regulation of trade and commerce with other countries and among the several states.

2. Customs and excise and bounties.

3. Raising money by any other mode or system of taxation.

4. Borrowing money on the public credit of the commonwealth.

5. Postal and telegraphic services.

6. The military and naval defence of the commonwealth and the several states, and the calling out of the forces to execute and maintain the laws of the commonwealth.

7. Munitions of war.

8. Navigation and shipping.

9. Ocean beacons and buoys and ocean lighthouses and lightships.

10. Astronomical and meteorological observations.

11. Quarantine.

12. Fisheries in Australian waters beyond territorial limits.

13. Census and statistics.

14. Currency, coinage, and legal tender.

15. Banking, the incorporation of banks, and the issue of paper money.

16. Insurance, excluding state insurance not extending beyond the limits of the state concerned.

17. Weights and measures.

18. Bills of exchange and promissory notes.

19. Bankruptcy and insolvency.

20. Copyrights and patents of inventions, designs, and trade marks.

{240}

21. Naturalisation and aliens.

22. Foreign corporations, and trading or financial corporations, formed in any state or part of the commonwealth.

23. Marriage and divorce.

24. Parental rights, and the custody and guardianship of infants.

25. The service and execution throughout the commonwealth of the civil and criminal process and judgments of the courts of the states.

26. The recognition throughout the commonwealth of the laws, the public acts and records, and the judicial proceedings of the states.

27. Immigration and emigration.

28. The influx of criminals.

29. External affairs and treaties.

30. The relations of the commonwealth to the islands of the Pacific.

31. The control and regulation of the navigation of the River Murray, and the use of the waters thereof from where it first forms the boundary between Victoria and New South Wales to the sea.

32. The control of railways with respect to transport for the military purposes of the commonwealth.

33. The taking over by the commonwealth, with the consent of the state, of the whole or any part of the railways of any state or states, upon such terms as may be arranged between the commonwealth and the state.

34. Railway construction and extension with the consent of any state or states concerned.

35. Matters referred to the Parliament of the commonwealth by the Parliament or Parliaments of any state or states, but so that the law shall extend only to the state or states by whose Parliament or Parliaments the matter was referred, and to such other states as may afterwards adopt the law.

36. The exercise within the commonwealth, at the request or with the concurrence of the Parliaments of all the states concerned, of any legislative powers which can at the establishment of this constitution be exercised only by the Parliament of the United Kingdom, or by the Federal Council of Australasia.

37. Any matters necessary for, or incidental to, the carrying {241} into execution of the foregoing powers or of any other powers vested by this constitution in the Parliament or the Executive Government of the commonwealth, or in any department or officer thereof.

All matters not mentioned above, such as land settlement, railway construction, &c., are to remain vested in the Parliaments of the several states. Each state shall retain its local Parliament and have a Governor, who is to be appointed by the Crown, and communicate direct with the Crown as at present.

On the establishment of the commonwealth the control of the following departments will be taken over by the Federal Government, and the commonwealth will assume the obligations of any state or states with respect to such matters:--

Customs and excise.

Posts and telegraphs.

Military and naval defence.

Ocean beacons, buoys, lighthouses.

Quarantine.

There are to be seven Ministers of State, and their salaries will, in the aggregate, be L12,000 per annum. A Minister, within three months after being appointed to that office, must become a member of one of the Houses of the Federal Parliament.

All Bills having for their main object the appropriation of any part of the public revenue, or moneys, or the imposition of any tax, must originate in the House of Representatives. Bills imposing taxation must deal with the imposition of taxation only, and those imposing duties of Customs or excise must deal with duties of Customs or excise only. The expenditure for services other than the ordinary annual services of the Government must not be authorised by the same law as that which appropriates the supplies for the ordinary annual services, but must be authorised by a separate measure. The Senate can amend any Bills except those imposing taxation, or appropriating the necessary supplies for the ordinary annual services of the Government. With respect to these money measures, the Senate can, at any stage, return a taxation or appropriation Bill to the House of Representatives, suggesting that any provision or item therein should be omitted or amended, and the House of Representatives may, if it thinks fit, make such omissions or amendments with or without modifications. The Bill, in its {242} amended or original form--should the House of Representatives decline to adopt the suggestion of the Senate--will then be sent back to the latter Chamber, which may either pass or reject the measure.

The seat of the Government of the commonwealth is to be determined by the Federal Parliament. Until such determination the Parliament shall be summoned to meet at such place as the majority of the Governors of the states, or, in the event of an equal division of opinion amongst them, as the Governor-General may direct.

Before the Constitution can be amended an absolute majority of both the House of Representatives and Senate must approve of the alteration, and it must then be confirmed by a vote of the people, a majority of the states being required as well as a majority of the people.

There is to be a federal judiciary, consisting of a high court of Australia, and such inferior courts as Parliament may determine. The high court is to consist of a chief justice, and at least four other judges, and is to hear appeals from the state courts and inferior federal courts. This appeal is to be final, except that in matters affecting the public interests of the commonwealth or of any state, application may be made to the Queen for special leave to appeal to the Privy Council. Uniform Customs duties are to be imposed within two years of the establishment of the commonwealth, and trade and intercourse throughout the commonwealth is then to be absolutely free. In the meantime the local tariffs are to continue, but they will be collected by the Federal Government, and after deducting from the revenue received in each state the contribution of that state towards federal expenses, the balance is to be returned to the state month by month. During the first three years after federation the total annual expenditure of the Federal Government is to be limited to L300,000 for new federal expenses, and L1,250,000 for services transferred from the states. During the first five years after the imposition of a uniform tariff, the surplus revenue, after deducting the contribution of each state to the federal expenses, is to be returned to the states in the following way: Accounts of Customs and excise duties collected in each state are to be kept during the twelve months following the coming into operation of the uniform tariff, in order to ascertain, first the average net amount per head in each state, and next the {243} average per head for the whole commonweath. A sliding scale, extending over four years, is then to be adopted, in order to determine the amount to be returned. Where the average for a particular state for the first year is less than the general average, the per capita sum is to be increased by equal gradations, until, at the end of four years, it equals the general average. Similarly, where the average for a state is greater than the general average, it is to be gradually reduced to the general average. Then, at the end of the five-year period, all the states will be placed on the same footing, and will receive an equal sum per head from the federal revenue. This scheme of distribution is subject, however, to the important proviso that during the five years the aggregate amount returned to all the states in any year must not be less than the aggregate amount returned in the year immediately preceding the imposition of uniform duties.

Equality of trade is to be preserved throughout the commonwealth, and any law or regulation derogating from that principle is to be null and void. Parliament may appoint an interstate commission to execute and maintain upon railways within the commonwealth, and upon rivers flowing through, in, or between two or more states the provisions of the constitution relating to trade and commerce. The commission is to have such powers of adjudication and administration as may be necessary for its purposes, and as the Parliament may from time to time determine, but shall have no powers in reference to the rates or regulations of any railway in any state, except in cases of rates or regulations preferential in effect, and made and used for the purpose of drawing traffic to that railway from the railway of a neighbouring state.

[1] "The Federal Council of Australasia," by the Hon. Alfred Deakin, _Australasian Review of Reviews_, February, 1895.

[2] Cap. iv., Clause 13.

[3] Cap. i., Clauses 54 and 55.

[4] "Notes on Australian Federation," by Sir S. W. Griffith. Parliamentary Paper, Queensland, 1896.

[5] An article published in the Melbourne _Argus_ of April 26, 1897, and included with the kind permission of the London agents of that newspaper.

{244}