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An Act to provide for the better Government of South Australia. 5 & 6 Vict. c.6£ (30th July 1842.)
WHEREAS an Act was passed in the Fifth Year of the Reign of His late Majesty, intituled An Act to Empower His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonization and Government thereof: And whereas an Act was passed in the Second Year of the Reign of Her present Majesty, intituled An Act to amend an Act of the Fourth and Fifth rears of his late Majesty, empowering His Majesty to erect South Australia into a British Province or Provinces: And whereas it is expedient that the said Acts should be repealed, and that Provision should be made for the better Government of the said Colony; be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Acts shall be repealed.
IV. [355] And be it enacted, That no Person or Persons convicted in any Court of Justice in Great Britain or Ireland, or elsewhere, shall at any Time, or under any Circumstances, be transported as a Convict to any Place within the said Province.
V. And be it enacted, That it shall be lawful for Her Majesty, by any Commission or Commissions to be by Her Majesty from Time to Time issued under the Great Seal of the United Kingdom, or by any Instructions under Her Majesty's Signet and Sign Manual, to be from Time to Time issued with the Advice of Her Majesty's Privy Council, to constitute within the said Colony a Legislative Council, consisting of the Governor and of Seven other Persons at the least, which Legislative Council shall be authorized to make Laws for the Peace, Order, and good Government of the said Colony; and it shall be lawful for Her Majesty, by any such Commission or Commissions or Instructions as aforesaid, either to appoint such Councillors by Name, or otherwise to provide for the Selection and Appointment of them, as to Her Majesty shall seem meet; and it shall also be lawful for Her Majesty, in manner aforesaid, to prescribe all such Rules and Orders as to Her Majesty shall seem meet respecting the Tenure of the Offices of such Councillors, and respecting the Course and Manner of Proceeding to be by the said Legislative Council observed in the Enactment of Laws, and respecting the Transmission of such Laws for the Confirmation or Disallowance of Her Majesty, or the Reservation of them for the Signification of Her Majesty's Pleasure, and respecting the Effect of any such Disallowance or Reservation, all which Rules and Orders shall, within the said Colony, have the Force and Effect of Law, until the same shall have been revoked or altered by Her Majesty in manner aforesaid.
VI. And be it enacted, That it shall be lawful for Her Majesty, by any such Commission or Commissions or Instructions as aforesaid, to convene a General Assembly, to be elected by the Freeholders and other Inhabitants of the said Colony, in such and the same Manner as if this Act and the said recited Acts had not been passed, and to authorize the Governor for the Time being of the said Colony, with the Advice and Consent of the said General Assembly, and of a Legislative Council, to be by Her Majesty for that Purpose appointed, to make Laws for the Peace, Order, and good Government of the said Colony, or it shall be lawful for Her Majesty, in manner aforesaid, to constitute a General Assembly, for the Purposes aforesaid, consisting of a single House of General Assembly alone, which one House of General Assembly shall be composed, in such Proportions as to Her Majesty may seem meet, of Members to be nominated by Her Majesty, and of other Members to be elected by such Freeholders or other Inhabitants; and it shall be lawful for Her Majesty, by any such Commission or Commissions or Instructions as aforesaid, to establish such Rules and Orders as to Her Majesty shall seem meet for the Nomination or Election of the Members of the said General Assembly, as the Case may be, and to determine how and where such Election shall be holden, and for that Purpose to divide or to provide for the Division of the said Colony into Electoral Districts, and to determine what shall be the Qualification of the Persons so to be elected, and of the Voters at any such Elections, and to regulate all other Things for which it may be expedient to provide, in order to the Meeting of any such General Assembly; and it shall also be lawful for Her Majesty, by any such Commission or Instructions as aforesaid, to reserve to the Governor of the said Colony the exclusive Right of initiating all Votes of public Money in such General Assembly, and to establish all such Rules and Orders in reference to any Laws to be made by the said General Assembly as are herein-before mentioned in reference to any Laws to be made by the said Legislative Council. [356]
XI. And be it enacted, That in the event of any such General Assembly being so convened as aforesaid it shall be lawful for Her Majesty, by any such Commission or Commissions or Instructions as aforesaid, to reserve and set apart from Her Majesty's Revenue arising within the said Colony such an annual Sum of Money, by way of Civil List, as may be necessary for the Maintenance and Support of the Civil Government and the Administration of Justice within the said Colony, provided that the same shall in no Case exceed the annual Sum or Sums that shall have been previously assigned for the said Purposes by the Legislative Council aforesaid, by and with the Approbation and Consent of Her Majesty, and likewise such further annual Sum or Sums of Money as shall be required for Payment of the Interest or Annuities herein provided for, or any Portion thereof, or the Interest on any such Debenture or Debentures as aforesaid that may be issued under the Provisions of this Act, and which said several Sums shall be reserved, issued, and applied, at such Time or Times, and in such Order and Manner, as Her Majesty shall by such Commission or Instructions authorise and direct.
XII. And be it enacted, That this Act shall come into force and take effect within the said Colony from a Day to be for that Purpose appointed by the Governor of the said Colony, by a Proclamation to be by him for that Purpose issued, which Time shall not be more than One Calendar Month after the Receipt by such Governor of a Copy of this Act. [357]
XIII. And be it enacted, That within the Meaning of this present Act any Person lawfully administering the Government of the said Colony shall be taken to be the Governor thereof.
XIV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
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