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Constitution Act.

A.D. 1900.

III. Shall receive such remuneration as the Parliament may

fix; but the remuneration shall not be diminished
during their continuance in office.

73. THE High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, tion of High Court. to hear and determine appeals from all judgments, decrees, orders, and sentences

1. Of any Justice or Justices exercising the original jurisdic

tion of the High Court:
11. Of any other federal court, or court exercising federal

jurisdiction ; or of the Supreme Court of any State, or
of any other court of any State from which at the
establishment of the Commonwealth an appeal lies to

the Queen in Council:
11. Of the Inter-State Commission, but as to questions of law

only; and the judgment of the High Court in all such

cases shall be final and conclusive: But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council.

Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court. 74. NO appeal shall be permitted to the Queen in Council

Appeal to Queen in from a decision of the High Court upon any question howsoever Council. arising as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council.

The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave.

Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise, by virtue of Her Royal Prerogative, to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor General for Her Majesty's pleasure.

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Constitution Act.

A.D. 1900,

Original jurisdiction of High Court.

75. IN all matters

1. Arising under any treaty:
II. Affecting consuls, or other representatives of other coun-

tries :
11. In which the ('ommonwealth, or a person suing or being

sued on behalf of the Commonwealth, is a party :
IV. Between States, or between residents of different States,

or between a State and a resident of another State:
v. In which a writ of mandamus or prohibition or an

injunction is sought against an officer of the Common

wealth:
the High Court shall have original jurisdiction.

Additional original jurisdiction.

76. THE Parliament may make laws conferring original jurisdiction on the High Court in any matter

1. Arising under this Constitution, or involving its interpreta

tion;

II. Arising under any laws made by the Parliament:
1. Of admiralty and maritime jurisdiction :
iv. Relating to the same subject-matter claimed under the laws

of different States.

77.

Power to define jurisdiction.

WITH respect to any of the matters mentioned in the last two sections, the Parliament may make laws

1. Defining the jurisdiction of any federal court other than

the High Court:
11. Defining the extent to which the jurisdiction of any

federal
court shall be exclusive of that which belongs to or is

invested in the courts of the States :
11. Investing any court of a State with federal jurisdiction.

78. THE Parliament may make laws conferring rights to Proceedince against proceed against the Commonwealth or a State in respect of matters

within the limits of the judicial power.

a

Commonwealth or
State.

Number of judges.

79. THE federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

Trial by jury.

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80. THE trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.

Constitution Act.

A.D. 1900.

CHAPTER IV.

Consolidated revenue

FINANCE AND TRADE. 81. ALL revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution.

82. THE costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund Expenditure charged shall form the first charge thereon; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth.

Money to be appropriated by law.

83. NO

NO money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law.

But until the expiration of one month after the first meeting of the Parliament the Governor General in Council may draw from the Treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the Commonwealth and for the holding of the first elections for the Parliament.

Transfer of officers.

84. WHEN any department of the public service of a State becomes transferred to the Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Commonwealth.

Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, or other compensation payable under the law of the State on the abolition of his office.

any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth ; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer.

Constitution Act.

A.D. 1900.

Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.

of State.

85. WHEN any department of the public service of a State is Transfer of property transferred to the Commonwealth

1. All property of the State, of any kind, used exclusively in

connection with the department, shall become vested in the Commonwealth ; but, in the case of the departments controlling customs and excise and bounties, for such time only as the Governor General in Council may

declare to be necessary. 11. The Commonwealth may acquire any property of the State,

of any kind, used, but not exclusively used, in connection with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force at the

establishment of the Commonwealth. In. The Commonwealth shall compensate the State for the

value of any property passing to the Commonwealth under this section ; if no agreement can be made as to the mode of compensation, it shall be determined under

laws to be made by the Parliament. iv. The Commonwealth shall, at the date of the transfer,

assume the current obligations of the State in respect of the department transferred.

86. ON the establishment of the Commonwealth, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive Government of the Commonwealth.

87. DURING a period of ten years after the establishment of the Commonwealth. and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise, not more than one-fourth shall be applied annually by the Commonwealth towards its expenditure.

The balance shall, in accordance with this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth.

Constitution Act.

A.D. 1900.

88. UNIFORM duties of customs shall be imposed within two years after the establishment of the Commonwealth.

Uniform duties of customs.

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Payment to States before uniform duties.

89. UNTIL the imposition of uniform duties of customs:-
1. The Commonwealth shall credit to each State the revenues

collected therein by the Commonwealth ;
11. The Commonwealth shall debit to each State-
(a.) The expenditure therein of the Commonwealth

incurred solely for the maintenance or continu-
ance, as at the time of transfer, of any department

transferred from the State to the Commonwealth.
(6.) The proportion of the State, according to the

number of its people, in the other expenditure

of the Commonwealth.
ul. The Commonwealth shall pay to each State month by

month the balance (if any) in favour of the State.

,

90. ON the imposition of uniform duties of customs the power

Exclusive power over of the Parliament to impose duties of customs and of excise, and to customs, excise, and grant bounties on the production or export of goods, shall become bounties. exclusive.

On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect; but any grant of or agreement for any such bounty lawfully made by or under the authority of the Government of any State shall be taken to be good if made before the thirtieth day of June, One thousand eight hundred and ninety-eight, and not otherwise.

bounties.

91. NOTHING in this Constitution prohibits a State from granting any aid to or bounty on mining for gold, silver, or other Exceptions as to metals, nor from granting, with the consent of both Houses of the Parliament of the Commonwealth expressed by resolution, any aid to or bounty on the production or export of goods.

within the Commonwealth to be free.

92. ON the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of Trade internal carriage or ocean navigation, shall be absolutely free.

But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any Colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation.

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