AUSTRALIAN COURTS ACT 1828

SECTION XXII And be it further enacted, That every Law or Ordinance so to be made as aforesaid, shall within Seven Days from the Date thereof, be transmitted by the Governors of the said Colonies respectively to the said Supreme Courts, to be there enrolled and recorded, and at the expiration of Fourteen Days from the Day of the Date thereof every such Law or Ordinance so to be made as aforesaid shall take effect and be binding upon all His Majesty’s Subjects and others within the said Colonies respectively, until His Majesty’s Pleasure shall be known ; but if before the Expiration of the said term of the Expiration of Fourteen Days the Judges of the said Supreme Courts respectively, or either of such Judges, shall transmit to such Governor a Representation that any such Law or Ordinance is repugnant to this Act, or to any Charter or Letters Patent, or Orders in Council issued in pursuance hereof, or to the Laws of England, then and upon the Receipt of any such Representation such Governor shall suspend the Operation of such Law or Ordinance until the same hath been brought by him, together with such Representation as aforesaid, under the Review of the said Legislative Council ; and if upon Review by the said Governor in Council of the said Ordinance the said Governor in Council shall adhere to such Ordinance, a written Notice of such Resolution shall forthwith be transmitted by the said Governor to the Judges of the said Supreme Court ; and such Ordinance shall thenceforward, take effect and be binding upon all His Majesty’s Pleasure shall be known, any Repugnancy or supposed Repugnancy of such Charter, Letters Patent, or Orders in Council as aforesaid, or to the Laws Of England, not withstanding ; and such Judges shall and they are hereby required, in any such Representation as aforesaid, to state fully and at length the Grounds of such their Opinions ; which Representation shall be forthwith transmitted by such Governor to His Majesty through One of His Majesty’s Principal Secretaries of State.

SECTION XXIII. And be it further enacted, That the Governor for the Time being of the said Colonies  respectively shall in Person preside at all the Meetings of the said respective Legislative Councils, except when prevented by illness or some other adequate Cause ; and that in the Absence such other Member of the said Council as His Majesty shall be pleased to appoint shall preside at such Meetings ; and that such Governor or presiding Member shall be entitled to vote upon all Questions proposed at any such meeting, and when the Votes are equally divided shall also have an additional or casting Vote.

SECTION XXIV.  Provided also, and be it further enacted, That all Laws and Statutes in force within the Realm of England at the Time of the passing of this Act, (not being inconsistent herewith, or with any Charter or Letters Patent, or Order in Council which may be issued in pursuance hereof,) shall be applied in the Administration of Justice in the Courts of New South Wales and Van Diemen’s Land respectively, so far as the same can be applied within the Land respectively within the said Colonies ; and so often as any Doubt shall rise  as to the application of any such Laws or Statutes in the said Colonies respectively, it shall be Lawful for the Governors  of the said Colonies respectively, by and with the Advice of the Legislative Councils of the said Colonies respectively, by Ordinances to be by them for that Purpose made, to declare whether such laws or Statutes shall be deemed to extend to such Colonies, and to be in force within the same, or to make and establish such Limitations and Modifications of any such Laws within the said Colonies respectively as may be deemed expedient in the Behalf ; Provided always, that in the meantime, and before any such Ordinance shall be actually made, it shall be the Duty of the said

Supreme Courts, as often as any such doubts shall arise upon the Trial of any Information or Action, upon any other Proceeding before them, to adjudge and decide as to the Application of any such Laws or Statutes in the said Colonies respectively.

SECTION XXV, Provide also, and be it further enacted, That the said Governors and Councils shall not impose any Tax or Duty, except only such as it may be necessary to levy for local Purposes ; and the Purposes for which every Tax or Duty may be so imposed, and to or towards which the Amount thereof is to be appropriated and applied, shall be distinctly and particularly stated in the Body of every Law or Ordinance imposing such Tax or Duty.