JUDICIARY ACT 1903, Section 10.

The principal seat of the High Court is to be at the Seat of Government. Until the Seat of Government is established, the principal seat of the High Court shall be at such place as the GovernorGeneral from time to time appoints.

COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904.

By section 52 the principal Registry shall, when the Seat of Government is established within Federal territory, be situated at the Seat of Government, but until that time the Principal Registry shall be situated at such place as the Minister directs.

Acquisition of Land.

On 1st May 1915, the Commonwealth, pursuant to the Lands Acquisition Act 1906, compulsorily acquired certain land of the respondent at Jervis Bay, then in the State of New South Wales. On 25th August 1915, the respondent made a claim for compensation in respect of such acquisition. On 4th September 1915, the Jervis Bay Territory Acceptance Act 1915, came into operation, and the land in question thereafter was within territory acquired by the Commonwealth for the Seat of Government. On 5th May 1916, the respondent refused an offer which had been made to him in respect of his claim for compensation, and on 7th March, 1917, by writ of summons instituted an action in the Supreme Court of New South Wales against the Commonwealth to recover compensation. Held, that the cause of action arose on 5th May 1916; that the jurisdiction which the Supreme Court of New South Wales originally had in respect of the land was taken away by section 8 of the Seat of Government Acceptance Act 1909 (which is incorporated in the Jervis Bay Territory Acceptance Act 1915, by section 4 thereof); that that Court was not a "State Court of competent jurisdiction within the meaning of section 37 of the Lands Acquisition Act 1906; and, therefore, that it had no jurisdiction to entertain the action. Woodhill v. Commonwealth of Australia, 17 S.R., 224, reversed Commonwealth v. Woodhill, 23 C.L.R., 482; 18 S R., 100.

Power to Her Majesty to authorize Governor-General to appoint deputies.

126. The Queen may authorize the GovernorGeneral to appoint any person, or any persons jointly or severally, to be his deputy or deputies within any

part of the Commonwealth, and in that capacity to exercise during the pleasure of the Governor-General such powers and functions of the Governor-General as he thinks fit to assign to such deputy or deputies, subject to any limitations expressed or directions given by the Queen; but the appointment of such deputy or deputies shall not affect the exercise by the GovernorGeneral himself of any power or function.

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 natives shall not be counted.

CHAPTER VIII.-ALTERATION OF THE
CONSTITUTION.

Mode of altering the Constitution. 190

128. This Constitution shall not be altered except in the following manner :

The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State to the electors qualified to vote for the election of members of the House of Representatives.

But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the GovernorGeneral may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State qualified to vote for the election of the House of Representatives.

L. P.

59

When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parlia ment prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails.

And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the GovernorGeneral for the Queen's assent.

No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.

§ 190. "ALTERATION OF CONSTITUTION."

LEGISLATION.

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906.

This Act provides the necessary machinery and procedure for submitting to the people proposed laws for the alteration of the Constitution which have been passed by the Senate and House of Representatives. The first step prescribed is the issue of a writ by the Governor-General. Attached to writ is a copy of the proposed law, and the text of the principal provisions of the Constitution proposed to be altered. The voting at the referendum must be taken throughout Australia on the day appointed on the writ the voting at the referendum must be by ballot and each elector

is required to indicate his vote whether "Yes" or "No" by placing a cross in the blank square in front of the word "Yes" or by placing a cross in the blank square in front of the word "No" according to his choice. The result of the referendum is afterwards ascertained by scrutiny.

REFERENDUM (CONSTITUTION ALTERATION) 1909.

This Act makes a number of amendments in the Principal Act defining the mode of conducting a reference to the people in connection with proposed alterations of the Constitution.

Proposed Constitutional Amendments.

For details of proposed laws to amend the Constitution, see supra pp. 20-22, 305, 500, 588, 606, 613 and infra p. 945.

SCHEDULE.

OATH.

I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. So HELP ME GOD!

AFFIRMATION.

I, A. B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law.

(NOTE.-The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time.)