ANNO QUINQUAGESIMO OCTAVO ET QUINQUA- VICTORIÆ REGINÆ. A.D. 1895. No. 632. An Act to enable South Australia to take part in the framing, acceptance, and enactment of a Federal Constitution for Australasia. W [Assented to, December 20th, 1895.] HEREAS it is proposed that legislative provision shall be Preamble. made by the colonies for the framing, acceptance, and enactment of a Federal Constitution for Australasia: And whereas it is desirable to enable South Australia to take part in the framing, acceptance, and enactment of the said Constitution, and this Act is necessary for the purpose-Be it therefore Enacted by the Governor of the Province of South Australia, by and with the advice and consent of the Legislative Council and House of Assembly, in this present Parliament assembled, as follows: 1. This Act may be cited as "The Australasian Federation Short title. Enabling Act (South Australia), 1895." 2. In this Act the following terms bear the meanings set opposite Interpretation. to them respectively: "Colonies"-The colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, and Western Australia, and "Convention "-The Convention provided for by this Act: .6 South Australian Representatives "-The representatives of 632 "Governor " Chief objects. Commencement. Parts. The Australasian Federation Enabling Act (South Australia).—1895. "Governor "--The Governor in Executive Council: "House of Assembly "-The more numerous branch of the Legislature of a colony: "Proclamation "-Proclamation by the Governor, published in the Government Gazette: "Prescribed "-Prescribed by regulation made under this Act. 3. The chief objects of this Act are to provide as follows- (2) For submitting the Constitution so framed to the electors for (3) For transmitting the Constitution for legislative enactment by the Imperial Parliament. 4. This Act shall come into operation on a day to be fixed by Proclamation, when two colonies in addition to South Australia have adopted legislation providing for the election of representatives of those colonies at the Convention. 5. This Act is divided into four parts, as follows: PART I. The Convention : PART II. The Submission to the Electors: PART III. The Transmission for Legislative Enactment: Constitution of Convention. Members. Vacancies. THE CONVENTION. 6. The Convention shall consist of ten representatives of each colony represented. 7. Every Member and every person eligible for membership of either House of the South Australian Parliament shall be eligible for membership of the Convention as a representative of South Australia. 8. The seat of a South Australian representative shall be vacated (1) By resignation under his hand addressed to the Governor : The Australasian Federation Enabling Act (South Australia).—1895. (2) By failure, without leave of absence from the Convention, to attend any five sittings thereof: (3) By any circumstance, except resignation or absence, which in the case of a Member of the South Australian House of Assembly would vacate his seat in such House. PART 1. 9. The first vacancy occurring pursuant to the preceding section Fresh election. shall forthwith be filled by the appointment by the Governor of the candidate who, not being, nor having been a member of the Convention, was highest on the poll. Every subsequent appointment to be made in like manner. 10. Every person qualified and entitled to vote for the election Electors. of a Member of the South Australian House of Assembly shall be qualified and entitled to vote for the election of members of the Convention as representatives of South Australia. 11. The first election of South Australian representatives as First election. members of the Convention shall take place on a day to be fixed by Proclamation, which day, as nearly as may be conveniently practicable, shall be the same as the day of first election of representatives of other colonies. 12. The voting shall be taken throughout South Australia as one Electoral district. electoral district, and every voter shall vote for the full number of representatives required, otherwise the vote shall be rejected as informal. 13. No person shall vote more than once at the same election of One vote only. South Australian representatives. 14. If any question shall arise respecting the election qualification Disputed election. or disqualification of a South Australian representative, the same shall be heard and determined as in the case of a question respecting the election qualification or disqualification of a Member of the South Australian House of Assembly. 15. The result of every election for South Australian repre- Certificate of results. sentatives shall, in manner prescribed, be reported to and certified by the Chief Secretary, whose certificates shall be conclusive, except in proceedings for contesting the validity of the election. 16. When the first elections have been held in three or more Meeting of Convencolonies, a meeting of the Convention shall be convened for a time tion. and place agreed to by the Governors of such colonies, and, in default of agreement, at such time and place as a majority of such Governors shall decide, or, in case of an equal division, as the Governor of the senior of such colonies shall fix. 17. The PART 1. Procedure. Convention to frame President. Resignation or The Australasian Federation Enabling Act (South Australia).—1895. 17. The Convention may adopt Standing Orders, and may provide for keeping and publishing records and journals of its proceedings, and for the conduct of its business, in such manner as shall be thought fit; and, until otherwise provided, the proceedings of the Convention shall be regulated by the Standing Orders and practice of the House of Commons so far as applicable. 18. The Convention shall be charged with the duty of framing for Australasia a Federal Constitution under the Crown in the form of a Bill for enactment by the Imperial Parliament. 19. The Convention shall at its first meeting, before proceeding to the dispatch of any other business, elect a member of such Convention to be the President thereof. 20. The President may resign his office, or he may be removed removal of President. from office by a vote of the Convention; and, upon his ceasing to be a member of the Convention, his office shall become vacant. Absence of President. Supply of vacancy. Quorum. Committees. Voting. Adjournment of Convention. 21. In the case of the absence of the President, the Convention may choose some other member to perform his duties during his absence. 22. Whenever a vacancy shall occur in the office of President, such vacancy shall forthwith be filled by a fresh election. 23. The presence, exclusive of the President, of at least one half of the total number of the members of the Convention shall be necessary to constitute a meeting of the Convention for the exercise of its powers. 24. The Convention may appoint committees of its members, which shall report to the Convention. 25. Questions arising in the Convention shall be decided by a majority of the votes of the members present, other than the President; and when on any division the votes are equal, but not other wise, the President shall have a vote, and his vote shall decide the question. 26. When the Constitution shall have been framed and approved by the Convention, copies thereof shall be supplied to the members of the Convention, and the President shall declare the sitting of the Convention adjourned to a time and place to be fixed by the Convention, not being less than sixty nor more than one hundred and twenty days thereafter. And, as soon as convenient, the draft Constitution shall be submitted for consideration to each House of Parliament sitting in Committee of the whole; and such amendments as may be desired by the Legislature, together with the draft Constitution, shall be remitted to the Convention through the Senior Representative. The Australasian Federation Enabling Act (South Australia).-1895. PART I. 27. On the re-assembling of the Convention, the Constitution as framed and approved prior to the adjournment shall be reconsidered, Reassembling of together with such suggested amendments as shall have been Convention. forwarded by the various Legislatures, and the Constitution so framed shall be finally adopted with any amendments that may be agreed to. 28. So soon as the Convention shall have finally adopted a Final adoption. Federal Constitution as required by the preceding section, and shall have disposed of all incidental business, copies certified by the President shall be supplied in duplicate to the members of the Convention, and the President shall declare the proceedings of the Convention closed. office. 29. Each South Australian representative shall cease to hold Expiration of term of office at the expiration of a period to be fixed by Proclamation. sentatives. 30. Each South Australian representative shall be entitled Payment of repreduring his term of office to payment for his services at the rate of Two Guineas per day, to be paid by the Treasurer out of the general revenue of the colony. 31. South Australia shall contribute to the payment of the Payment of expenses expenses of the meeting and proceedings of the Convention in the of Convention." proportion which the population of South Australia bears to the total population of the colonies represented at the Convention, and the Treasurer shall make such payment accordingly out of the general revenue. PART II. THE SUBMISSION TO THE ELECTORS. PART II. 32. Within fourteen days after the close of the proceedings of Constitution to be the Convention, certified copies of the Constitution shall be for- certified to Governor. warded by the President of the Convention, and by the South Aus tralian representatives to the Governor. 33. So soon as practicable after the close of the proceedings of Submission to the Convention, the question of the acceptance or rejection of the electors. Constitution shall be referred and submitted to the vote of all persons in South Australia qualified and entitled to vote for the election of members of the South Australian House of Assembly. The voting shall be taken throughout South Australia as one electoral district. 34. Each voter shall vote by ballot "Yes" or "No" on the Voting. question, in accordance with the direction on the ballot paper in the schedule hereto, and all votes shall be taken on the same day. 35. No person shall vote more than once on the question. One vote only. 36. The |