Federal Council of Australasia Act 1885
| Jurisdiction | UK Non-devolved |
| Citation | 1885 c. 60 |
| Year | 1885 |
Federal Council of Australasia Act, 1885
(48 & 49 Vict.) CHAPTER 60.
An Act to constitute a Federal Council of Australasia.
[14th August 1885]
Whereas it is expedient to constitute a Federal Council of Australasia, for the purpose of dealing with such matters of common Australasian interest, in respect to which united action is desirable, as can be dealt with without unduly interfering with the management of the internal affairs of the several colonies by their respective legislatures:
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Definitions.
1. In this Act, unless the context otherwise require, the following terms shall bear the meanings set opposite to them respectively:—
‘Colonies.’—The colonies (including their respective dependencies) of Fiji, New Zealand, New South Wales, Queensland, Tasmania, Victoria, and Western Australia, and the province of South Australia, and any other colonies that may hereafter be created in Australasia, or those of the said colonies in respect to which this Act is in operation:
‘Crown Colony.’—Any colony in which the control of public officers is retained by Her Majesty's Imperial Government:
‘Her Majesty's possessions in Australasia.’—The colonies and such other territories as Her Majesty may from time to time declare by Order in Council to be within the operation of this Act:
‘Council.’—The Federal Council as hereby constituted:
‘Governor.’—The Governor, Lieutenant Governor, or other officer administering the government of the colony referred to, with the advice of his executive council, except in the case of a Crown colony, in which case the word shall mean the Governor, Lieutenant Governor, or such other officer alone.
2 Institution of Federal Council.
2. There shall be in and for Her Majesty's possessions in Australasia a Federal Council, constituted as herein-after provided, and called the Federal Council of Australasia, which shall have the functions, powers, and authority herein-after defined.
3 Power to make laws.
3. Within such possessions Her Majesty shall have power, by and with the advice and consent, of the Council, to make laws for the purposes herein-after specified, subject to the provisions herein contained respecting the operation of this Act.
4 Session of Council.
4. A session of the Council shall be held once at least in every two years.
5 Constitution of Council.
5. Each colony shall be represented in the Council by two members, except in the case of Crown colonies, which shall be represented by one member each. Her Majesty, at the request of the legislatures of the colonies, may by Order in Council from time to time increase the number of representatives for each colony.
6 Appointment, &c. of representatives.
6. The legislature of any colony may make such provision as it thinks fit for the appointment of the representatives of that colony, and for determining the tenure of their office.
7 Place of sitting of Council.
7. The first session of the Council shall be held at Hobart, in the colony of Tasmania. Subsequent sessions shall be held in such colony as the Council shall from time to time determine.
8 Summoning and prorogation of Council.
8. The Council shall be summoned and prorogued by the Governor of the colony in which the session shall be held; and shall be so summoned and prorogued by proclamation, published in the ‘Government Gazette’ of each of the colonies; and shall meet at such time and at such place as shall be named in the proclamation.
9 Governors to report names of representatives.
9. The Governor of each colony shall from time to time transmit to the Governors of the other colonies the names of the members appointed to represent the colony of which he is Governor.
10 Vacancy in representation not to affect acts of Council.
10. Notwithstanding any vacancy in the representation of any colony, the Council shall be competent to proceed to the dispatch of business, and to exercise the authority hereby conferred upon it.
11 Special sessions of Council.
11. At the request of the Governors of any three of the colonies, a special session of the Council shall be summoned to deal with such special matters as may be mentioned in the proclamation convening it. Until the Council shall make other provision in that behalf, any such special session shall be summoned by the Governor of Tasmania, and shall be held at Hobart.
12 President of Council.
12. The Council shall in each session elect one of its members to be president.
13 Quorum, and voting.
13. The presence of a majority of the whole number of members of the Council for the time being, representing a majority of the colonies with respect to which this Act is in operation, shall be necessary to constitute a quorum for the dispatch of business, and all questions which shall arise in the Council shall be decided by the votes of a majority of the members present, including the president.
14 Oath or affirmation to be taken by members.
14. No member of the Council shall sit or vote until he shall have taken and subscribed before the governor of one of the colonies the oath of allegiance contained in the schedule hereto: Provided that every member authorised by the law of the colony which he represents to make an affirmation instead of taking an oath may make such affirmation instead of the oath hereby required to be taken.
15 Matters subject to legislative authority of Council.
15. Saving Her Majesty's prerogative, and subject to the provisions herein contained with respect to the operation of this Act, the Council shall have legislative authority in respect to the several matters following:—
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