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§ 282. “Departments . . Transferred.”

By the operation of the Constitution, and without the necessity of any other formal act, the departments of Customs and Excise in each State will become transferred to the Commonwealth simultaneously with the establishment of the Commonwealth, on 1st January, 1901, the day named in the Queen's proclamation (clause 4). The other departments of the Public Service in each State enumerated in this section will become transferred to the Commonwealth on the date or dates to be proclaimed by the Governor-General.

In addition to the departments mentioned in this section, which will become transferred without the necessity of federal legislation, there are other departments which will come under the control of the Commonwealth whenever the Federal Parliament chooses to authorize their transfer; such as Astronomical and Meteorological Observations (51.—viii.); Census and Statistics (51.—xi.); Currency and Coinage (51.—xii.); Bankruptcy and Insolvency (51.—xvii.); Copyrights, Patents, and Trade Marks (51.—xviii).

REVENUE AND EXPENDITURE.—One result of the transfer of a department will be that the State from which it is transferred will be relieved of the annual expenditure in respect of the department and the property used in connection therewith, and will be compensated for the value of such property. Another result will be that the State will be deprived of the revenue received in connection with the department.

The following table, based on a return presented to the Convention at the Melbourne session (Conv. Proceedings, Melb., p. 231) shows:—(1) the annual expenditure of which each State will be relieved in respect of the above mentioned services, together with interest at 3 per cent. on the value of property used in connection therewith; (2) the annual revenue of which each State will be deprived in connection with such services (apart from the taxation revenue from duties of. Customs and Excise). The figures are those of 1896 or 1895–6:—

I. ANNUAL EXPENDITURE.

                           
Department.  Victoria.  New South Wales.  Queensland.  South Australia.  Tasmania.  Western Australia.  Total 
£  £  £  £  £  £  £ 
1. Customs and Excise (less cost of border offices)  75,588  78,608  40,915  28,266  7,888  30,509  261,774 
2. Posts, telegraphs, and telephones  559,881  763,550  355,869  247,729  62,945  212,728  2,202,702 
3. Naval and military defence  198,785  214,206  105,480  33,489  12,593  10,620  575,173 
4. Lighthouses, lightships, beacons and buoys  17,356  16,908  32,844  15,018  5,950  12,077  100,153 
5. Quarantine  4,050  5,537  3,496  1,431  165  685  15,364 
6. Astronomical and  4,050  5,911  2,391  947  97  253  13,649 
7. Meteorological  4,050  5,911  2,391  947  97  253  13,649 
8. Census and Statistics  6,444  11,599  5,238  1,767  1,244  1,800  28,092 
9. Currency and Coinage  23,395  18,000  41,395 
10. Bankruptcy and Insolvency  4,542  3,599  2,685  2,241  100  1,248  14,415 
11. Copyrights, Patents, and Trade Marks  2,411  2,981  2,057  395  250  101  8,195 
Total Amounts  896,502  1,120,899  550,975  331,283  91,232  270,021  3,260,912 



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II. ANNUAL REVENUE.

                 
Department.  Victoria.  New South Wales.  Queensland.  South Australia.  Tasmania.  Western Australia.  Total. 
£  £  £  £  £  £  £ 
2. Post, telegraphs, and telephones  512,647  639,929  211,712  250,061  72,539  179,146  1,866,034 
4. Lighthouses, lightships, beacons and buoys (estimated apportionment)  17,356  16,908  32,844  15,018  5,950  12,077  100,153 
9. Currency and Coinage  40,511  41,550  .....  7,829  .....  .....  89,890 
10. Bankruptcy and Insolvency  3,767  5,151  588  777  .....  1,099  11,382 
11. Copyrights, Patents, and Trade Marks  3,683  3,584  2,547  1,544  1,465  1,500  14,323 
Total annual Revenue (except from Customs)  577,964  707,122  247,691  275,229  79,954  193,822  2,081,782 
Net Expenditure  318,538  413,777  303,284  56,054  11,278  76,199  1,179,130 

Certain powers of Governors to vest in Governor-General.

70. In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth283, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony284, shall vest in the Governor-General, or in the Governor-General in Council, or in the authority exercising similar powers285 under the Commonwealth, as the case requires.

CANADA.—All powers, authorities and functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exercisable by the respective Governors or Lieutenant-Governors of those Provinces, with the advice, or with the advice and consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any number of members thereof, or by those Governors or Lieutenant-Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exercisable by the Governor-General, with the advice, or with the advice and consent of or in conjunction with the Queen's Privy Council for Canada, or any members thereof, or by the Governor-General individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.—B.N.A. Act, 1867, sec. 12.

HISTORICAL NOTE.—Clause 11 of Chap. II. of the Bill of 1891 was drawn from sec. 12 of the British North America Act (supra). (Conv. Deb., Syd., 1891, p. 779.) At the Adelaide session, 1897, it was introduced and passed in the same form. In Sydney some drafting amendments were made; and at Melbourne, before the first report, it was re-drafted and condensed into its present form.




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