Australasian Democracy

THE NEW FEDERAL SCHEME.[15 - An article published in the Melbourne Argus of April 26, 1897, and included with the kind permission of the London agents of that newspaper.]

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 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 £10,000. 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 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 £400 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.

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 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.