been first recommended by a message of the Governor to the Legis- 19 VICTORIA. lative Assembly during the session in which such vote resolution or Bill shall be passed. 58. No part of Her Majesty's revenue in Victoria arising from warrants for any of the sources aforesaid shall he issued or shall be made issuable issue of money. except in pursuance of warrants under the hand of the Governor directed to the public treasurer thereof. this Act. 59. This Act shall be proclaimed in Victoria within three Proclamation of months after official information of the royal assent thereto shall have been received by the Governor thereof, and save as herein expressly provided shall take effect in Victoria from the day of such proclamation. lature to alter 60. The Legislature of Victoria as constituted by this Act shall Power for Legishave full power and authority from time to time by any Act or Acts this Act. to repeal alter or vary all or any of the provisions of this Act, and to substitute others in lieu thereof. Provided it shall not be lawful to present to the Governor of the said colony for Her Majesty's assent any Bill by which an alteration in the constitution of the said Legislative Council or Legislative Assembly or in the said Schedule Schedule D. hereunto annexed marked D. may be made unless the second and third readings of such Bill shall have been passed with the concurrence of an absolute majority of the whole number of the members of the Legislative Council and of the Legislative Assembly respectively. Provided also that every Bill which shall be so passed shall be reserved for the signification of Her Majesty's pleasure thereon. 61. Notwithstanding anything herein contained, it shall be Power to alter lawful for the said Legislature from time to time by any Act or Acts Electoral Act. to alter the qualification of electors and members of the Legislative Council and Legislative Assembly respectively, and to establish new electoral provinces or districts, and from time to time to vary or alter any electoral province or district, and to appoint alter or increase the number of members of the Legislative Houses to be chosen by any electoral province or district, and to increase the whole number of members of the said Legislative Houses, and to alter and regulate the appointment of returning officers, and to make provision in such manner as they may deem expedient for the issue and return of writs for the election of members to serve in the said Legislative Houses respectively, and the time place and manner of holding such elections respectively. clause. 62. In the construction of the provisions of this Act the term Interpretation "Governor" shall mean the person for the time being lawfully administering the Government of the colony of Victoria; the word "Victoria" shall mean the colony of Victoria; the words "officiating minister" shall be taken to mean any minister of religion authorised according to the forms and usages of any church religious society or denomination to officiate and officiating in any building registered according to law now in force in the said colony as a place of public worship; the word "occupy" shall include the occupation of or mining in any lands or the right power or authority to enter on any lands for the purpose of mining therein; the word "Council" shall mean the Legislative Council of the said colony of Victoria; and the word Assembly" shall mean the Legislative Assembly of the said colony. 66 19 VICTORIA. This Act not to the repeal of the Acts herein mentioned. 9 Geo. IV. c. 83. 5 & 6 Vict. c. 36. 5 & 6 Vict. c. 76. 7 & 8 Vict. c. 72. 9 & 10 Vict. c. 104. 63. The foregoing provisions of this Act shall have no force or effect until so much and such parts of the Act of Parliament of the be in force until United Kingdom of Great Britain and Ireland passed in the ninth year of the reign of His Majesty King George the Fourth intituled "An Act to provide for the Administration of Justice in New South Wales and Van Diemen's Land and for the more effectual Government thereof and for other purposes relating thereto," and of another Act passed in the fifth and sixth years of the reign of Her present Majesty intituled "An Act for regulating the sale of Waste Lands belonging to the Crown in the Australian Colonies," and of another Act passed in the fifth and sixth years of the reign of Her present Majesty intituled "An Act for the Government of New South Wales and Van Diemen's Land," and of another Act passed in the seventh and eighth years of the reign of Her present Majesty intituled "An Act to clear up doubts as to the regulation and audit of the Accounts of the Customs in New South Wales," and of another Act passed in 7 & 8 Vict. c. 74. the same years intituled "An Act to explain and amend the Act for the Government of New South Wales and Van Diemen's Land," and of another Act passed in the ninth and tenth years of the reign of Her present Majesty intituled "An Act to amend an Act for regulating the sale of Waste Lands belonging to the Crown in the Australian Colonies and to make further provision for the management thereof," and of another Act passed in the thirteenth and fourteenth years of the reign of Her present Majesty intituled "An Act for the better Government of Her Majesty's Australian Colonies" and the first second and third parts of the Schedule B. therein referred to, as severally relate to the colony of Victoria and are repugnant to this Act shall have been repealed: and the entire management and control of the waste lands belonging to the Crown in the said colony and of the proceeds thereof including all royalties mines and minerals shall be vested in the Legislature of the said colony. Provided that so much of the said last-mentioned Act as relates to the constitution appointment and powers of the Legislative Council of the said colony of Victoria shall continue in force until the first writs shall have issued for the election of members to serve in the Legislative Council and House of Assembly in pursuance to the provisions hereof but no longer. Provided that nothing herein contained shall prevent or be construed to prevent the fulfilment of any contract promise or engagement made by or on behalf of Her Majesty with respect to any land situate within the said colony in any cases where such contract promise or engagement shall have been lawfully made before the time at which this Act shall take effect within the said colony. 13 & 14 Vict. c. 59. SCHEDULES REFERRED TO IN THE FOREGOING ACT. SCHEDULE A. [Repealed by 32 Vict. No. 334 s. 2, “ Parliament (Council),” post.] SCHEDULE B. [Repealed in effect by 21 Vict. No. 12, “Parliament (Assembly),” post.] I do sincerely promise and swear that I will be faithful and bear true allegiance to Section 32. Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this colony of Victoria. So help me God. SCHEDULE D. Governor's Salary Salaries of Staff, Repairs to Government House, Travelling and other expenses £15,000 £12,000 (Judges)," post. PART 3. Colonial Secretary or Chief Secretary Attorney-General, Treasurer, Commissioner of Public Works, Collector of ... Pensions to officers appointed during good behaviour PART 6. : Compensation to the present Incumbents who may retire or be released on political grounds from any of the following offices, or whose offices may be abolished: Pensions to persons who may accept responsible offices and retire or be released there from on political grounds ... [Repealed by 29 Vict. No. 279 s. 2, " Parliament (Electoral)," post.] SCHEDULE F. [Repealed by 22 Vict. No. 64 s. 1," Parliament (Assembly),” post.] £50,000 Repealed after 31st December 1875 by 34 Vict. No. 391 s. 1, "State Aid (Abo £112,750 (lition)," post. CONSTITUTION (PENSIONS). ANALYSIS OF CONTENTS. 21 VICTORIA, Certain pensions promised before the passing of "The Constitution Act" confirmed. No. 20. Preamble. 18 & 14 Vict. c. 59 s. 17. Section 55. Confirmation and grant of pensions. An Act for the Confirmation of certain Pensions. [2nd October 1857.] WHEREAS by virtue of a statute made and passed in the session of the Imperial Parliament holden in the thirteenth and fourteenth years of the. reign of Her present Majesty intituled "An Act for the better Government of Her Majesty's Australian Colonies" there is payable to Her Majesty every year out of the revenue funds levied within this colony the sum of five hundred pounds for pensions: And whereas by "The Constitution Act" it is enacted that after and subject to the payments to be made under the provisions therein before contained and to any pensions payable and received under the said statute herein before recited all the consolidated revenue shall be subject to be appropriated to such specific purposes as by an Act of the Legislature of this colony shall be provided in that behalf: And whereas before the passing of the said last-recited Act the several pensions mentioned in the Schedule to this Act were promised by Her Majesty to the persons whose names respectively are set opposite to such pensions in such Schedule and have hitherto been regularly paid to such persons and it is expedient to confirm such pensions: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same : 1. That the said several pensions shall yearly and every year during the natural lives of the persons opposite to whose names respectively the same are set in the said Schedule be paid and payable out of the consolidated revenue to such persons respectively by four even and equal quarterly payments. An Act to remove doubts as to the power of the Governor under the forty-eighth section of "The Constitution Act." [17th December 1858.] WHEREAS by the forty-eighth section of "The Constitution Preamble. Act" the Governor is empowered to abolish any of the offices named in the third and fourth parts of the Schedule of the said Act marked D; and whereas doubts have arisen whether the said Governor has power to restore any office which may have been so abolished: In order to remove such doubts, Be it therefore declared and enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— 1. It shall be lawful for the Governor to restore any office Abolished offices named in the said Schedule which shall have been so abolished; may be restored. provided that such restoration shall not be inconsistent with the provisions of any Act now or which may hereafter be in force respecting any such office; and provided also that the sums appropriated by the said third and fourth parts of the said Schedule shall in no case be exceeded. An Act to remove doubts as to the construction of certain statutes and as to the validity of certain WHEREAS by the second section of the Act of the Parliament Preamble. |