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Saving for
Constitution
Acts of
Australia
and New
Zealand.

Saving with
respect to
States of
Australia.

Certain sections of Act not to apply to Australia,

New Zealand or New

foundland unless

adopted.

(2) The provisions of section two of this Act shall extend to laws made by any of the Provinces of Canada and to the powers of the legislatures of such Provinces. (13)

(3) The powers conferred by this Act upon the Parliament of Canada or upon the legislatures of the Provinces shall be restricted to the enactment of laws in relation to matters within the competence of the Parliament of Canada or of any of the legislatures of the Provinces respectively. (14)

8. Nothing in this Act shall be deemed to confer any power to repeal or alter the Constitution or the Constitution Act of the Commonwealth of Australia or the Constitution Act of the Dominion of New Zealand otherwise than in accordance with the law existing before the commencement of this Act.

9. (1) Nothing in this Act shall be deemed to authorize the Parliament of the Commonwealth of Australia to make laws on any matter within the authority of the States of Australia, not being a matter within the authority of the Parliament or Government of the Commonwealth of Australia.

(2) Nothing in this Act shall be deemed to require the concurrence of the Parliament or Government of the Commonwealth of Australia, in any law made by the Parliament of the United Kingdom with respect to any matter within the authority of the States of Australia, not being a matter within the authority of the Parliament or Government of the Commonwealth of Australia, in any case where it would have been in accordance with the constitutional practice existing before the commencement of this Act that the Parliament of the United Kingdom shoud make that law without such concurrence.

(3) In the application of this Act to the Commonwealth of Australia the request and consent referred to in section four shall mean the request and consent of the Parliament and Government of the Commonwealth.

10. (1) None of the following sections of this Act, that is to say, sections two, three, four, five and six, shall extend to a Dominion to which this section applies as part of the law of that Dominion unless that section is adopted by the Parliament of the Dominion, and any Act of that Parliament adopting any section of this Act may provide that the adoption shall have effect either from the commencement of this Act or from such later date as is specified in the adopting Act.

(13) See Note (9) appended to section 2 of the Statute.

(14) The areas of legislative competence of Canada and the provinces as delimited by sections 91 and 92 respectively are not altered so that no power is given here to Canada to invade provincial rights or to the provinces to affect the powers of the federal Parliament.

As to the distribution of legislative powers see the said sections 91 and 92 of the B.N.A. Act, 1867, with notes appended thereto.

(2) The Parliament of any such Dominion as aforesaid may at any time revoke the adoption of any section referred to in subsection (1) of this section.

(3) The Dominions to which this section applies are the A.D. 1931. Commonwealth of Australia, the Dominion of New Zealand and Newfoundland.

in future

11. Notwithstanding anything in the Interpretation Act, Meaning of 1889, the expression "Colony" shall not, in any Act of the "Colony" Parliament of the United Kingdom passed after the commence- Acts. ment of this Act, include a Dominion or any Province or State 52-53 Vict. forming part of a Dominion.

c. 63.

12. This Act may be cited as the Statute of Westminster, Short title. 1931.(15)

(15) This is not the first and only "Statute of Westminster". Under Edward the First we find 3 Edward 1. A.D. 1275 "Les premers Estatuts de Westmuster" (this title from Lib. Scac. Westm. X fo. xxj [xxv], translated in English as "The STATUTES OF WESTMINSTER; The First". This code of 1275 dealt with Freedom of election, Reasonableness of Amerciaments, Distress, Champerty and Extortion by the King's officers, Deceits by pleaders, Excessive tolls in market towns, etc.

The Statute of Westminster the Second is the name given to the Code of 1285 (13 Edward 1. A.D. 1285) "Statuta Reg' Edwardi edita apud Westmon in Parleamento suo Pasch' anno Regni Sui T'ciodecimo:-xiij°.

The Statute of Westminster the Third (18 Edward 1. A.D. 1289-90) is referred to as the Statute "Quia Emptores Terrarum" and has to do with the Selling and Buying of Land. In the printed copies and translations it is intituled "Statutum Westm. iij etc.".

There is a fourth Statute of Westminster which contains the legislative sentence against the Despensers passed at Westminster in the summer of 1321. See Stubbs "Constitutional History of England," Volume II, pages

PART III

IMPERIAL ORDERS IN COUNCIL

ADMITTING RUPERT'S LAND, BRITISH COLUMBIA AND PRINCE EDWARD ISLAND, RESPECTIVELY INTO THE UNION

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