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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 Parliament448 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 repeal449 in respect of any such law as the Parliament of the Colony had until the Colony became a State.

HISTORICAL NOTE.—Clause 2, Chap. V. of the Commonwealth Bill of 1891 was as follows:—

“All laws in force in any of the colonies relating to any of the matters declared by this Constitution to be within the legislative powers of the Parliament of the Commonwealth shall, except as otherwise provided by this Constitution, continue in force in the States respectively, and may be repealed or altered by the Parliaments of the States, until other provision is made in that behalf by the Parliament of the Commonwealth.”

At the Adelaide session, 1897, this clause was adopted verbatim. At the Melbourne session it was verbally amended. (Conv. Deb., Melb., pp. 642–3.) It was redrafted after the fourth report.

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