Act of Parliament | |
Long title | An Act for the better Government of Her Majesty's Australian Colonies. |
---|---|
Citation | 13 & 14 Vict. c. 59 [1] |
Territorial extent | Australia (continent) |
Dates | |
Royal assent | 5 August 1850 |
Commencement | 1 July 1851 |
Other legislation | |
Amended by | Statute Law Revision Act 1878 |
Repealed by | |
Status: Repealed |
The Australian Constitutions Act 1850 [lower-alpha 1] (13 & 14 Vict. c. 59), or the Australian Colonies Government Act 1850, was an act of the Parliament of the United Kingdom which was enacted to formally establish the Colony of Victoria by separating the District of Port Phillip from the Colony of New South Wales. The act provided an initial constitution for Victoria, which included a bicameral parliament and a Lieutenant-Governor as its vice-regal representative. 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. [2]
It was given royal assent on 5 August 1850 and came into effect on 1 July 1851. [3] The act received criticism in Australia for its perceived inadequacies, spearheaded in the New South Wales Legislative Council by the statesman William Wentworth.
The act was a response to the demands 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 New South Wales.
The act named the colony and set out its provisional constitution, [3] which included the proviso of a bicameral parliament. It created the Parliament of Victoria, which initially consisted of the Victorian Legislative Council of 20 elected members and 10 members appointed by the Lieutenant Governor. [2] 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. [4] 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. [1]
The act also provided for similar constitutions to be applied to Van Diemen's Land and South Australia, [2] 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. [3]
The act, thus, had significant impact on the four colonies that were already established. The Colony of 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. [3]
In April 1851, William Wentworth established a committee to formulate a motion against the perceived inadequacies of the act. The "Declaration and Remonstrance" declared, among other things, that "the Imperial Parliament has not, nor of right ought to have any power to tax the people of this Colony", and that "plenary powers of legislation should be conferred upon and exercised by the Colonial Legislature ... [and] no bills should be reserved" for the Imperial Parliament unless they affected the Empire. Sir Henry Parkes later wrote of Wentworth that "His Declaration and Remonstrance is so important as one of the foundation-stones of the fabric of our constitutional liberties." [5] [6]
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments in Westminster democracies are responsible to parliament rather than to the monarch, or, in a colonial context, to the imperial government, and in a republican context, to the president, either in full or in part. If the parliament is bicameral, then the government is usually responsible first to the parliament's lower house, which is more representative than the upper house, as it usually has more members and they are always directly elected.
William Charles Wentworth was an Australian statesman, pastoralist, explorer, newspaper editor, lawyer, politician and author, who became one of the wealthiest and most powerful figures in colonial New South Wales. He was among the first colonists to articulate a nascent Australian identity.
The parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia.
The New South Wales Legislative Assembly is the lower of the two houses of the Parliament of New South Wales, an Australian state. The upper house is the New South Wales Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney. The Assembly is presided over by the Speaker of the Legislative Assembly.
The Parliament of Tasmania is the bicameral legislature of the Australian state of Tasmania. It follows a Westminster-derived parliamentary system and consists of the governor of Tasmania, the Legislative Council, and the House of Assembly. Since 1841, the Legislative Council has met in Parliament House, Hobart, with the House of Assembly following suit from its establishment in 1856. The Parliament of Tasmania first met in 1856.
The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia, and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. The colonies of Fiji and New Zealand were originally part of this process, but they decided not to join the federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government that they had developed as separate colonies, but they also agreed to have a federal government that was responsible for matters concerning the whole nation. When the Constitution of Australia came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia.
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly and the 22-seat Legislative Council. General elections are held every 4 years, with all of the lower house and half of the upper house filled at each election. It follows a Westminster system of parliamentary government with the executive branch required to both sit in parliament and hold the confidence of the House of Assembly. The parliament is based at Parliament House on North Terrace in the state capital of Adelaide.
The history of Australia from 1788 to 1850 covers the early British colonial period of Australia's history. This started with the arrival in 1788 of the First Fleet of British ships at Port Jackson on the lands of the Eora, and the establishment of the penal colony of New South Wales as part of the British Empire. It further covers the European scientific exploration of the continent and the establishment of the other Australian colonies that make up the modern states of Australia.
Sir William Thomas Denison was Lieutenant Governor of Van Diemen's Land from 1847 to 1855, Governor of New South Wales from 1855 to 1861, and Governor of Madras from 1861 to 1866.
British colonisation of South Australia describes the planning and establishment of the colony of South Australia by the British government, covering the period from 1829, when the idea was raised by the then-imprisoned Edward Gibbon Wakefield, to 1842, when the South Australia Act 1842 changed the form of government to a Crown colony.
The history of South Australia includes the history of the Australian state of South Australia since Federation in 1901, and the area's preceding Indigenous and British colonial societies. Aboriginal Australians of various nations or tribes have lived in South Australia for at least thirty thousand years, while British colonists arrived in the 19th century to establish a free colony. The South Australia Act, 1834 created the Province of South Australia, built according to the principles of systematic colonisation, with no convict settlers.
Parliament House, Hobart, located on Salamanca Place in Hobart, Tasmania, Australia, is the meeting place of the Parliament of Tasmania. The building was originally designed as a customs house but changed use in 1841 when Tasmania achieved self-government. The building served both purposes from 1841 to 1904, when the customs offices were relocated.
The states and territories are the second level of government of Australia. The states are partially sovereign, administrative divisions that are self-governing polities, having ceded some sovereign rights to the federal government. They have their own constitutions, legislatures, executive governments, judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government.
The New South Wales Act 1823, or New South Wales Jurisdiction Act 1823, was an Act of the Parliament of the United Kingdom, which established the New South Wales Legislative Council and the Supreme Court of New South Wales, in addition to the Supreme Court of Van Diemen's Land.
The Constitutional history of Australia is the history of Australia's foundational legal principles. Australia's legal origins as a nation state began in the colonial era, with the reception of English law and the lack of any regard to existing Indigenous legal structures. As the colonies expanded, Australia gradually began to achieve de facto independence. Over the years as a result the foundations of the Australian legal system gradually began to shift. This culminated in the Australia Act, an act formally ending legal ties with the UK.
The Colony of Tasmania was a British colony that existed on the island of Tasmania from 1856 until 1901, when it federated together with the five other Australian colonies to form the Commonwealth of Australia. The possibility of the colony was established when the Parliament of the United Kingdom passed the Australian Constitutions Act in 1850, granting the right of legislative power to each of the six Australian colonies. The Legislative Council of Van Diemen's Land drafted a new constitution which they passed in 1854, and it was given royal assent by Queen Victoria in 1855. Later in that year the Privy Council approved the colony changing its name from "Van Diemen's Land" to "Tasmania", and in 1856, the newly elected bicameral parliament of Tasmania sat for the first time, establishing Tasmania as a self-governing colony of the British Empire. Tasmania was often referred to as one of the "most British" colonies of the Empire.
The principles of the current Constitution of South Australia, also known as the South Australian Constitution, which includes the rules and procedures for the government of the State of South Australia, are set out in the Constitution Act 1934. Its long title is "An Act to provide for the Constitution of the State; and for other purposes".
Suffrage in Australia is the voting rights in the Commonwealth of Australia, its six component states and territories, and local governments. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage on equal terms following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885, and by 1902 most Australian residents who were not of European descent were explicitly or effectively excluded from voting and standing for office, including at the Federal level. Such restrictions had been removed by 1966. Today, the right to vote at all levels of government is held by citizens of Australia over the age of 18 years, excluding some prisoners and people "of unsound mind".
The Constitution of Tasmania, also known as the Tasmanian Constitution, sets out the rules, customs and laws that provide for the structure of the Government of the Australian State of Tasmania. Like all state constitutions it consists of both unwritten and written elements which include:
The Separation of Queensland was an event in 1859 in which the land that forms the present-day State of Queensland in Australia was excised from the Colony of New South Wales and created as a separate Colony of Queensland.
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.