Taylor v Attorney-General of Queensland [1917] HCA 45

OF AUSTRALIA. 457

(HIGH COURT OF AUSTRALIA.}

OR AND OTHERS Fi : i , PLAINTIFFS ;

AND

Sits Gould y

Tit of

fete p

Atak

E ATTORNEY-GENERAL OF QUEENS-

D AND OTHERS. ; ; " Drrenpants.

Law (Qd.)—Amendment of Constitution—Validity of Act—Act of H.C. or A. Royal assent—Assent by Governor—Powers of Queensland Parlia- 1917.

Bill passed by Legislative Assembly and rejected by Legislative Council— =» —~ ndum on Bill—Validity of Referendum Act—Power to abolish Legislative BRISBANE,

wuncil. Australian States Constitution Act 1907 (Imperial) (7 Edw. VII. aah 10, 18,

), sec. 1—Colonial Laws Validity Act 1865 (Imperial) (28 & 29 Vict. c. 63), 5—Order in Council (Imperial), 6th June 1859, cl. 22—Constitution Act

I. No. 16).

_ The Australian States Constitution Act 1907 (Imperial), by sec. 1 (1), provides Rich JJ. alia) that it shall not be necessary to reserve, for the signification of His

jesty's pleasure thereon, any Bill passed by the legislature of any of the

if the Governor has previously received instructions from His Majesty

ent and does assent accordingly to the Bill.

Hea, that the Constitution Act Amendment Act of 1908 (Qd.) is a valid and stive Act of Parliament, as the Governor of Queensland had, before assent- the Bill, received instructions from His Majesty authorizing him to | to it.

Colonial Laws Validity Act 1865 (Imperial), in sec. 5, contains a pro- 'that "every representative legislature shall, in respect to the colony its jurisdiction, have, and be deemed at all times to have had, full pow to make laws respecting the constitution, powers, and procedure of such I ure; provided that such laws shall have been passed in such manner n as may from time to time be required by any Act of Parliament, Order in Council, or colonial law for the time being in force in

H.C. or A. 1917. YY

TAYLOR v. ATTORNEY- GENERAL oF QUEENS- LAND.