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§ 479. “Deputy or Deputies.”

The Deputies provided for in this section are quite distinct from the Acting-Governor-General, or Administrator of the Government of the Commonwealth, referred to in sec. 4, supra. An Acting-Governor-General is appointed by the Queen, and acts only in the absence or incapacity of the Governor-General, or during a vacancy in the office; and while he so acts, he has all the powers of the Governor-General. (See Notes, sec. 4, supra.) A Deputy, on the other hand, is merely a person to whom the Queen may enable the Governor-General himself—subject to the Royal instructions — to delegate particular duties in particular localities. The immense area of the Commonwealth may make it convenient that some of the powers of the Governor-General, in some parts of the Commonwealth, should be thus exercisable by deputy.

This provision has been adopted from a similar section in the Canadian Constitution, respecting which Mr. Wheeler has the following note:

“Does this mean that there may be two persons with power to exercise one function? The clause provides that the Governor-General may appoint a deputy and may at the same time reserve the power of himself exercising the functions. (Att.-Gen. Canada v. Att.-Gen. Ontario, 1892, 3 Ont. App. 6; 19 Ont. Rep. 47. See where a Deputy-Governor acted, Reg. v. Amer, Feb. 23, 1878, 42 Upp. Can. Q.B. at p. 408).” (Wheeler, C.C., 10.)




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Aborigines not to be counted in reckoning population.

127. In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives480 shall not be counted.

HISTORICAL NOTE.—In the Commonwealth Bill of 1891, Sir Samuel Griffith, in Committee, added a new clause as follows:—“In reckoning the numbers of the people of a State or other part of the Commonwealth, aboriginal natives of Australia shall not be counted.” (Conv. Deb., Syd., 1891, pp. 898–9.)

At the Adelaide session, 1897, the same clause was adopted, with the omission of the words “of Australia.” In Committee, Dr. Cockburn urged that natives who were on the rolls ought not to be debarred from voting; but it was pointed out that the clause did not affect their rights. (Conv. Deb., Adel., p. 1020.) At the Melbourne session, a suggestion by the Legislative Councils of New South Wales and Tasmania, to insert “and aliens not naturalized,” was negatived. (Conv. Deb., Melb., pp. 713–4.) After the fourth report, the words “of the Commonwealth or” were inserted.

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