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Constitution Act.

A.D. 1900.

68. The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative.

Command of naval and military forcer.

Transfer of certain departments.

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69. On a date or dates to be proclaimed by the Governor-General after the establishment of the Commonwealth the following departments of the public service in each State shall become transferred to the Commonwealth:

Posts, telegraphs, and telephones:
Naval and military defence:
Lighthouses, lightships, beacons, and buoys:

Quarantine.
But the departments of customs and of excise in each State shall
become transferred to the Commonwealth on its establishment.

Certain powers of
Governors to vest in
Governor-General.

70. In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth. all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor-General, or in the GovernorGeneral in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires.

(HAP. 111.

THE

ICATURE.

Judicial power and
Courts.

Judges' appointment, tenure, and remuneration.

CHAPTER Ill.

THE JUDICATURE. 71. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

72. The Justices of the High Court and of the other courts created by the Parliament,

Shall be appointed by the Governor-General in Council: (11.) Shall not be removed except 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 the remuneration shall not be diminished during their

continuance in office. 73. The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences— (1.) Of any Justice or Justices exercising the original jurisdiction of the High Court:

(11.) Of

Appellate jurisdiction of Higł Court.

Constitution Act.

A.D. 1900.

(11.) Of any other federal court, or court exercising federal jurisdic.

tion; or of the Supreme Court of any State, or of any
other court of any State from which at the establishment
of the Commonwealth an appeal lies to the Queen in

Council:
(11.) Of the Inter-State Commission, but as to questions of law only:
and the judgment of the High Court in all such cases shall be final
and conclusive.

But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council.

Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court.

74. No appeal shall be permitted to the Queen in Council from Appeal to Queen in

Council. a decision of the High Court upon any question howsoever arising as to the limits inter se of the constitutional powers of the Commonwealth and those of any State or States or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council.

The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave.

Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty's pleasure.

Original jurisdiction of High Court.

75. In all matters,

(1.) Arising under any treaty: (11.) Affecting consuls or other representatives of other countries: (11.) In which the Commonwealth, or a person suing or being sued

on behalf of the Commonwealth, is a party : (iv.) Between States, or between residents of different States, or

between a State and a resident of another State: (v.) In which a writ of mandamus or prohibition or an injunction

is sought against an officer of the Commonwealth : the High Court shall have original jurisdiction.

76. The

Constitution Act.

A.D. 1900.

Additional original jurisdiction.

76. The Parliament may make laws conferring original jurisdiction on the High Court in any matter

(1.) Arising under this Constitution, or involving its interpretation: (11.) Arising under any laws made by the Parliament: (11.; Of Admiralty and maritime jurisdiction : (iv.) Relating to the same subject-matter claimed under the laws of

different States.

Power to define jurisdiction.

77. With respect to any of the matters mentioned in the last two sections the Parliament may make laws -(1.) Defining the jurisdiction of any federal court other than the

High Court: (11.) Defining the extent to which the jurisdiction of any federal

court shall be exclusive of that which belongs to or is

invested in the courts of the States: (111.) Investing any court of a State with federal jurisdiction.

Proceedings against
Commonwealth or
State.

78. The Parliament may make laws conferring rights to proceed against the Commonwealth or a State in respect of matters within the limits of the judicial power.

Number of judges.

79. The federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

Trial by jury.

80. The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was c mmitted, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.

CHAP. IV.

CHAPTER IV. FINANCE AND

FINANCE AND TRADE. TRADE.

81. All revenues or moneys raised or received by the Executive Consolidated Revenue Fund.

Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities im

posed by this Constitution. Expenditure charged 82. The costs, charges, and expenses incident to the collection, thereon.

management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon ; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the

expenditure of the Commonwealth. Money to be bou 83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law.

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Constitution Act.

A.D. 1900.

But until the expiration of one month after the first meeting of the Parliament the Governor-General in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the Commonwealth and for the holding of the first elections for the Parliament.

84. When any department of the public service of a State be- Transfer of

officers. comes transferred to the Commonwealth all officers of the depart- o ment shall become subject to the control of the Executive Government of the Commonwealth.

Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, or other compensation payable under the law of the State on the abolition of his office.

Any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights. and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth ; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer.

Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.

of State.

85. When any department of the public service of a State is Transfer of property transferred to the Commonwealth(1.) All property of the State of any kind, used exclusively in

connection with the department, shall become vested in the
Commonwealth; but, in the case of the departments con-
trolling customs and excise and bounties, for such time
only as the Governor-General in Council may declare to

be necessary.
(1.) The Commonwealth may acquire any property of the State,

of any kind used, but not exclusively used in connection
with the department; the value thereof shall, if no agree-
ment can be made, be ascertained in, as nearly as may be,
the manner in which the value of land, or of an interest in
land, taken by the State for public purposes is ascertained
under the law of the State in force at the establishment of
the Commonwealth.

(III.) The

Constitution Act.

A.D. 1900.

(111.) The Commonwealth shall compensate the State for the value

of any property passing to the Commonwealth under this section ; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be

made by the Parliament. (iv.) The Commonwealth shall, at the date of the transfer, assume

the current obligations of the State in respect of the de

partment transferred. 86. On the establishment of the Commonwealth, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive Government of the Commonwealth.

87. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise, not more than one-fourth shall be applied annually by the Commonwealth towards its expenditure.

The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth.

Uniform duties of customs.

88. Uniform duties of customs shall be imposed within two years after the establishment of the Commonwealth.

Payment to States before uniform duties:

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89. Until the imposition of uniform duties of customs-
(1.) The Commonwealth shall credit to each State the revenues

collected therein by the Commonwealth.
(11.) The Commonwealth shall debit to each State-
(a) The expenditure therein of the Commonwealth incurred

solely for the maintenance or continuance, as at the time of transfer, of any department transferred

from the State to the Commonwealth : (6) The proportion of the State, according to the number

of its people, in the other expenditure of the Com

monwealth. (11.) The Commonwealth shall pay to each State month by month

the balance (if any) in favor of the State.

Exclusive power over customs, excise, and hounties.

90. On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive.

On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully

made

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