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Constitution Act.

for five years after uniform Tariffs.

A.D. 1900. 93. DURING the first five years after the imposition of

uniform duties of customs, and thereafter until the Parliament Payment to States otherwise provides :

1. The duties of customs chargeable on goods imported into

a State and afterwards passing into another State for consumption, and the duties of excise paid on goods produced or manufactured in a State and afterwards passing into another State for consumption, shall be taken to have been collected not in the former but in

the latter State ; 11. Subject to the last subsection, the Commonwealth shall

credit revenue, debit expenditure, and pay balances to the several States as prescribed for the period preceding the imposition of uniform duties of customs.

Distribution of surplus.

94. AFTER five years from the imposition of uniform duties of customs, the Parliament may provide, on such basis as it deems fair, for the monthly payment to the several States of all surplus revenue of the Commonwealth.

Customs duties of
Western Australia.

95. NOTWITIISTANDING anything in this Constitution, the Parliament of the State of Western Australia, if that State be an Original State, may, during the first five years after the imposition of uniform duties of customs, impose duties of customs on goods passing into that State and not originally imported from beyond the limits of the Commonwealth; and such duties shall be collected by the Commonwealth.

But any duty so imposed on any goods shall not exceed, during the first of such years, the duty chargeable on the goods under the law of Western Australia in force at the imposition of uniform duties, and shall not exceed during the second, third, fourth, and fifth of such years respectively, four-fifths, three-fifths, two-fifths, and one-fifth of such latter duty; and all duties imposed under this section shall cease at the expiration of the fifth year after the imposition of uniform duties.

If at any time during the five years the duty on any goods under this section is higher than the duty imposed by the Commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into Western Australia from beyond the limits of the Commonwealth.

Financial assistance to States.

96. DURING a period of ten years after the establishment of the Commonwealth, and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.

Constitution Act.

A.D. 1900.

Audit.

97. UNTIL the Parliament otherwise provides, the laws in force in any Colony, which has become or becomes a State, with respect to the receipt of revenue and the expenditure of money on account of the Government of the Colony, and the review and audit of such receipt and expenditure, shall apply to the receipt of revenue and the expenditure of money on account of the Commonwealth in the State in the same manner as if the Commonwealth or the Government, or an officer of the Commonwealth, were mentioned, whenever the Colony, or the Government, or an officer of the Colony is mentioned.

Trade and commerce

98. THE power of the Parliament to make laws with respect to traile and commerce extends to navigation and shipping, and to includes navigation

and State railways. railways the property of any State.

Commonwealth not

99. THE Commonwealth shall not by any law or regulation of trade, commerce, or revenue, give preference to one State or any to give preference. part thereof over another State or any part thereof.

100. THE Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation.

Nor abridge right to use water.

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101. THERE shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems Inter-State Com

mission. necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.

Parliament may

102. THE Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by forbid preferences any State, or by any authority constituted under a State, if such by State. preference or discrimination is undue and unreasonable, or unjust to any State: due regard being had to the financial responsibilities incurred by any State in connection with the construction and maintenance of its railways; but no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the Inter-State Commission.

103. THE members of the Inter-State Commission

Commissioners' 1. Shall be appointed by the Governor General in Council:

appointment, tenure, II Shall hold office for seven years, but may be removed and remuneration.

within that time by the Governor General in Council,
on an address from both Houses of the Parliament in
the same session praying for such removal on the
ground of proved misbehaviour or incapacity:

Constitution dct.

A.D. 1900.

III. Shall receive such remuneration as the Parliament may fix;

but such remuneration shall not be diminished during their continuance in office.

Saving of certain
rates.

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104. NOTHING in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the Inter-State ('ommission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States.

Taking over public
debts of States.

105. THE Parliament may take over from the States their public debts as existing at the establishment of the Commonwealth, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States.

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Saving of Constitu.
tions.

CHAPTER V.
THE STATES.

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106. THE Constitution of each State of the Commonwealth
shall, subject to this Constitution, continue as at the establishment
of the Commonwealth, or as at the admission or establishment of the
State, as the case may be, until altered in accordance with the
Constitution of the State.

Saving of power of
State Parliaments.

107. EVERY power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may

be.

Saving of State
laws.

108. EVERY law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.

Constitution Act.

a

A.D. 1900.

109. WHEN a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Inconsistency of laws.

110. THE provisions of this Constitution relating to the

Provisions referring Governor of a State extend and apply to the Governor for the time to Governor. being of the State, or other chief executive officer or administrator of the government of the State.

111. THE Parliament of a State may surrender any part of the State to the Commonwealth ; and upon such surrender, and the States may surrender acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth.

States may levy

112. AFTER uniform duties of customs have been imposed, a State may levy on imports or exports, or on goods passing into or out charges for inspecof the State, such charges as may be necessary for executing the tion laws. inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth ; and any such inspection laws may be annulled by the Parliament of the Commonwealth.

113. ALL fermented, distilled, or other intoxicating liquids

. passing into any State or remaining therein for use, consumption, Intoxicating liquids. sale, or storage shall be subject to the laws of the State as if such liquids had been produced in the State.

114. A STATE shall not, without the consent of the Parlia

States may not raise ment of the Commonwealth, raise or maintain any i aval or military forces. force, or impose any tax on property of any kind belonging to the

Taxation of property Commonwealth ; nor shall the Commonwealth impose any tax on of Commonwealth or property of any kind belonging to a State.

State.

115. A STATE shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.

States not to coin money.

Commonwealth not

116. THE

THE Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, to legislate in respect or for prohibiting the free exercise of any religion, and no religious of religion. test shall be required as a qualification for any office or public trust under the Commonwealth.

117. A SUBJECT of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination in States.

Rights of residents which would not be equally applicable to him if he were a subject of the Queen resident in such other State.

Constitution Act.

A.D. 1900.

118. FULL faith and credit shall be given, throughout the Commonwealth, to the laws, the public acts and records, and the judicial proceedings of every State.

Recognition of laws, etc., of States.

Protection of States

119. THE Commonwealth shall protect every State against from invasion and invasion and, on the application of the Executive Government of

the State, against domestic violence.

violence.

120. EVERY State shall make provision for the detention in Custody of offenders against laws of the its prisons of persons accused or convicted of offences against the Commonwealth. laws of the Commonwealth, and for the punishment of persons con

victed of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision.

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121. THE Parliament may admit to the Commonwealth or New States may be establish new States, and may upon such admission or establishment

make or impose such terms and conditions, including the extent of representation in either House of the Parliament, as it thinks fit.

admitted or established.

Government of territories.

122. THE Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.

Alteration of limits of States.

123. THE Parliament of the Commonwealth may, with the consent of the Parliament of a State and the approval of the majority of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed on, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected.

Foamation of new
States.

124. A NEW State may be formed by separation of territory from a State, but only with the consent of the Parliament thereof, and a new State may be formed by the union of two or more States or parts of States, but only with the consent of the Parliaments of the States affected.

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