Proclamation of Commonwealth.
3. It shall be lawful for the Queen, with the advice of the Privy Council22, to declare by Proclamation24 that, on and after a day therein appointed25, not being later than one year after the passing of this Act23, the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Australia, shall be united26 in a Federal Commonwealth27 under the name of the Commonwealth of Australia. But the Queen may, at any time after the Proclamation, appoint a Governor-General28 for the Commonwealth.
CANADA.—It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council, to declare by Proclamation that, on and after a day therein appointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be one Dominion under the name of Canada; and on and after that day those three Provinces shall form and be one Dominion under that name accordingly.—B.N.A. Act, sec. 3.HISTORICAL NOTE.—Clause 3 of the Commonwealth Bill of 1891 was as follows:—
“It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council, to declare by Proclamation that, on and after a day therein appointed, not being later than six months after the passing of this Act, the colonies of [here name the Colonies which have adopted the Constitution] … shall be united in one Federal Commonwealth under the Constitution hereby established, and under the name of the Commonwealth of Australia; and on and after that day the said colonies shall be united in one Federal Commonwealth under that name.” (Conv. Deb., Syd. [1891], p. 557.)
At the Adelaide Session, the clause was introduced in the same form, except that it was provided that the colonies “shall be united in a Federal Constitution under the name of the Commonwealth of Australia, and on and after that day the Commonwealth shall be established under that name.” On the motion of Mr. Isaacs, the clause was amended to read that “the people of” the colonies should be united. A further amendment by
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Mr. Isaacs that they should be united “by”—not “in”—a Federal Constitution, was negatived. (Conv. Deb., Adel., pp. 620–1.) At the Sydney session, on Mr. O'Connor's motion, “one year” was substituted for “six months.” (Conv. Deb., Syd. [1897], pp. 227–8.)
At the Melbourne session, a proposal by Mr. Symon, to omit “the Commonwealth of,” was negatived by 21 votes to 19 (Conv. Deb., Melb., pp. 1746–50); and after the second report the same amendment, again moved by Mr. Symon, was negatived by 25 votes to 18. Mr. Reid proposed to add words enabling the Queen, at any time after the proclamation, to appoint a Governor-General, who might, before the Commonwealth was established, summon members of the Federal Executive Council and appoint other necessary officers; but Mr. Barton thought this went too far, and suggested the words: —“The Queen may, at any time after the making of the proclamation, appoint a Governor-General for the Commonwealth.” This was agreed to. (Conv. Deb., Melb., pp. 1920–2.) Drafting amendments were made after the fourth report.
In the Imperial Parliament, the names of the federating colonies were filled in, with the provision for including Western Australia in the Proclamation if the Queen were satisfied that the people of Western Australia had agreed to the Constitution. (See Historical Introduction, p. 242, supra.)