Australian Constitutions Act 1850

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The Australian Constitutions Act 1850,[1] or Australian Colonies Government Act, formally known as the Act for the Better Government of Her Majesty's Australian Colonies (1850) (13 and 14 Vict. c. 59 of 1850[2]), was legislation enacted by the British Parliament which formally established the Colony of Victoria by separating the District of Port Phillip from the Colony of New South Wales.[3] It was signed by Queen Victoria on 5 August 1850[4] and came into effect on 1 July 1851. It also altered the constitution of the Colony of New South Wales, and provided for similar constitutions to be set up in Van Diemen's Land (Tasmania) and South Australia.[3]

The Act was a response to the demand of the Port Phillip and Moreton Bay settlers, who felt inadequately represented in the New South Wales Legislative Council and who resented their taxes being channelled to the New South Wales area. The Act, which took effect on 2 July 1851, provided an initial constitution for Victoria. It provided for a Victorian Legislative Council of 21 elected members and 30 members appointed by the Lieutenant-Governor. This body was given jurisdiction over all but Australian lands and could pass any legislation not in conflict with the extant English laws. The Act provided that the current arrangements would continue either until a charter of justice were issued, or until legislation was passed by the Victorian Legislative Council.[5] Earl Grey, the British Secretary of State for War from 1846 to 1852, helped the passage of the Bill through Parliament, as he wished to promote free trade and federal system of government in the colonies.[2]

The Act named the colony and set out its constitution,[4] providing for a bicameral parliament, which included Legislative Council (20 locally elected representatives) and 10 members appointed by the Governor of Victoria (a vice-regal representative).[3] The Act also provided for similar constitutions to be applied to Van Diemen's Land and South Australia,[3] enabling the creation of new Australian colonies with a similar form of government to New South Wales, whose constitution it also altered. It changed the qualifications for franchise for the New South Wales Legislative Council, and enabled this body, together with the Governor of New South Wales, to establish a bicameral parliament.[4]

The Act thus had significant impact on the four colonies established by 1850. Western Australia had just started receiving convicts, making it the last remaining penal colony, and the Act included special provisions which limited the rights of its citizens to participate in government.[4]

References[]

  1. ^ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ^ a b Jeffery, Judith (8 April 2014). "Australian Colonies Government Act". SA History Hub. Retrieved 10 December 2020. This is a revised version of an entry first published in The Wakefield companion to South Australian history, edited by Wilfrid Prest, Kerrie Round and Carol Fort (Adelaide: Wakefield Press, 2001). Revised by the author, edited lightly and references updated. Uploaded 8 April 2014.
  3. ^ a b c d "Australian Colonies Government Act". Encyclopaedia Britannica. Retrieved 10 December 2020.
  4. ^ a b c d "Australian Constitutions Act 1850 (UK)". Documenting A Democracy. Museum of Australian Democracy. Retrieved 10 December 2020.
  5. ^ Bennett, J. M. (2001). Sir William a'Beckett: First Chief Justice of Victoria 1852–1857. Leichhardt, New South Wales: The Federation Press. ISBN 1-86287-409-3.
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