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Constitution Act.

A.D. 1900.

made by or under the authority of the Government of any State shall be taken to be good if made before the thirtieth day of June, one thousand eight hundred and ninety-eight, and not otherwise.

91. Nothing in this Constitution prohibits a State from granting Exceptions as to any aid to or bounty on mining for gold, silver, or other metals, nor bounties. from granting with the consent of both Houses of the Parliament of the Commonwealth expressed by resolution, any aid to or bounty on the production or export of goods.

Commonwealth to

92. On the imposition of uniform duties of customs, trade, Trade within the commerce, and intercourse among the States, whether by means of Co

· be free. internal carriage or ocean navigation, shall be absolutely free.

But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any Colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation.

93. During the first five years after the imposition of uniform Payment to States duties of customs, and thereafter until the Parliament otherwise for five years after

se uniform rariffs. provides— (1.) The duties of customs chargeable on goods imported into a

State and afterwards passing into another State for con-
sumption, and the duties of excise paid on goods produced
or manufactured in a State and afterwards passing into
another State for consumption, shall be taken to have been

collected not in the former but in the latter State:
(u.) Subject to the last sub-section, the Commonwealth shall credit

revenue, debit expenditure, and pay balances to the several
States as prescribed for the period preceding the imposition
of uniform duties of customs.

94. After five years from the imposition of uniform duties of Distribution of customs, the Parliament may provide, on such basis as it deems fair, surplus. for the monthly payment to the several States of all surplus revenue of the Commonwealth.

95. Notwithstanding anything in this Constitution, the Parlia- Customs duties of ment of the State of Western Australia, if that State be an Original Western Australia. State, may, during the first five years after the imposition of uniform duties of customs, impose duties of customs on goods passing into that State and not originally imported from beyond the limits of the Commonwealth ; and such duties shall be collected by the Commonwealth.

But any duty so imposed on any goods shall not exceed during the first of such years the duty chargeable on the goods under the law of Western Australia in force at the imposition of uniform

duties,

Constitution Act.

A.D. 1900.

duties, and shall not exceed during the second, third, fourth, and fifth of such years respectively, four-fifths, three-fifths, two-fifths, and one-fifth of such latter duty, and all duties imposed under this section shall cease at the expiration of the fifth year after the imposition of uniform duties.

If at any time during the five years the duty on any goods under this section is higher than the duty imposed by the Commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into Western Australia from beyond the limits of the Commonwealth.

Financial assistance to States.

96. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.

Audit.

97. Until the Parliament otherwise provides, the laws in force in any Colony which has become or becomes a State with respect to the receipt of revenue and the expenditure of money on account of the Government of the Colony, and the review and audit of such receipt and expenditure, shall apply to the receipt of revenue and the expenditure of money on account of the Commonwealth in the State in the same manner as if the Commonwealth, or the Government, or an officer of the Commonwealth, were mentioned whenever the Colony, or the Government, or an officer of the Colony, is mentioned.

Trade and commerce includes navigation ani State railways.

98. The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State.

Commonwealth not to give preference.

99. The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.

Nor abridge right to

use water.

100. The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation.

Inter-State
Commission.

101. There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.

Parliament may forbid preferences by State.

102. The Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State, or by any authority constituted under a State, if such preference or discrimination is undue and unreasonable, or unjust to any State; due regard being had to the financial responsibilities

incurred

Constitution Act.

A.D). 1900.

incurred by any State in connexion with the construction and maintenance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the InterState Commission.

103. The members of the Inter-State Commission

Commissioners' appointment, tenure,

and remuneration. (1.) Shall be appointed by the Governor-General in Council: (11.) Shall hold office for seven years, but may be removed within

that time by the Governor-General in Council, on an
address from both Houses of the Parliament in the same
session praying for such removal on the ground of proved

misbehaviour or incapacity:
(11.) Shall receive such remuneration as the Parliament may fix;

but such remuneration shall not be diminished during their
continuance in office.

104. Nothing in this Constitution shall render unlawful any rate Saving of certain for the carriage of goods upon a railway, the property of a State, if rates. the rate is deemed by the Inter-State Commission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States.

lates.

105. The Parliament may take over from the States their public Taking over public debts as existing at the establishment of the Commonwealth, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States.

CHAPTER V.

CHAP. v.

THE STATES. THE STATES. 106. The Constitution of each State of the Commonwealth shall, Saving of Consubject to this Constitution, continue as at the establishment of the stitutions. Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.

107. Every power of the Parliament of a Colony which has Saving of Power of become or becomes a State, shall, unless it is by this Constitution State Par exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.

108. Every

Constitution Act.

A.D. 1900.

108. Every law in force in a Colony which has become or Jawe becomes a State, and relating to any matter within the powers of the

Parliament of the Commonwealth, shall, subject to this Constitution continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.

Inconsistency of laws. 109. When a law of a State is inconsistent with a law of the

Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Provisions referring to Governor.

110. The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State.

States may surrender territory.

lll. The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth.

States may levy

ion charges for inspection laws.

112. After uniform duties of customs have been imposed, a State may levy on imports or exports, or on goods passing into or out of the State, such charges as may be necessary for executing the inspection laws of the State ; but the net produce of all charges so levied shall be for the use of the Commonwealth ; and any such inspection laws may be annulled by the Parliament of the Commonwealth.

Intoxicating liquids.

113. All fermented, distilled, or other intoxicating liquids passing into any State or remaining therein for use, consumption, sale, or storage shall be subject to the laws of the State as if such liquids had been produced in the State.

forces.

States may not raise 114. A State shall not, without the consent of the Parliament of Taxation of property

the Commonwealth, raise or maintain any naval or military force, or of Commonwealth or impose any tax on property of any kind belonging to the CommonState.

wealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

States not to coin money.

115. A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

Commonwealth not to

mon

legislate in respect of religion.

116. The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

Rights of residents in
States.

117. A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which

would

Constitution Act.

would not be equally applicable to him if he were a subject of the Queen resident in such other State.

A.D. 1900.

118. Full faith and credit shall be given, throughout the Com- Recognition of laws, monwealth to the laws, the public Acts and records, and the judicial etc., of States. proceedings of every State.

119. The Commonwealth shall protect every State against invasion Protection of States and, on the application of the Executive Government of the State,

ornment of the State from invasion and against domestic violence.

violence.

120. Every State shall make provision for the detention in its Custody of offenders prisons of persons accused or convicted of offences against the laws against laws of

the Commonwealth. of the Commonwealth, aud for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision.

CHAPTER VI.

CHAP. VI.

New STATES. NEW STATES. 121. The Parliament may admit to the Commonwealth or estab- New States may

int be admitted or lish new States, and may upon such admission or establishment

on established. make or impose such terms and conditions, including the extent of representation in either House of the Parliament, as it thinks fit.

122. The Parliament may make laws for the government of any Government of

territories. territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.

f States.

123. The Parliament of the Commonwealth may, with the con- Alteration of limits sent of the Parliament of a State, and the approval of the majority of of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed on, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected.

States.

124. A new State may be formed by separation of territory from Formation of new a State, but only with the consent of the Parliament thereof, and a new State may be formed by the union of two or more States or parts of States, but only with the consent of the Parliaments of the States affected.

CHAPTER

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