56

A.—s

The Bill.

Explanation.

100. There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder. 101. The Parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any State or by any authority constituted under a State, if such preference or discrimination is undue and unreasonable, or unjust to any State, due regard being had to the financial responsibilities incurred by any State in connection with the construction and maintenance of its railways. But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the Inter-State Commission. 102. The members of the Inter-State Commission— (1.) Shall be appointed by the Governor-General in Council. (2.) Shall hold office for seven years, but may be removed within that time by the Gover-nor-General in Council on an address from both Houses of the Parliament in the same session praying for such removal on the ground of proved misbehaviour or incapacity. (3.) Shall receive such remuneration as the Parliament may fix ; but such remuneration shall not be diminished during their continuance in office. 103. Nothing in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the Inter-State Commission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States. 104. The Parliament may take over from the States their public debts as existing at the establishment of the Commonwealth, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof ; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States. CHAPTEE V.—THE STATES. 105. The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.

100, 102. Inter-State Commission. —There is to be an Inter-State Commission to carry out the provisions of the Constitution and of the federal laws relating to foreign and inter-State trade and commerce. The members of the Commission are to be appointed for seven years, and during that time their independence is secured in the same way as that of the Federal Judges. (See section 72.) 101, 103. — Railway-rates. —The power of the Parliament, by means of the trade and commerce clause, to interfere with railway-rates in the States is further defined as follows :— The Parliament may forbid any preference or discrimination by a State which is undue and unreasonable, or unjust to another State ; but 1. Due regard must be had to the financial responsibilities incurred by a State in connection with its railways ; 2. No preference or discrimination shall be held to be undue, unreasonable, or unjust, unless the Inter-State Commission decides that it is so ; 3. No rate shall be unlawful if the Inter-State Commission think it necessary for the development of the State, and if it applies equally to goods within the State and goods coming from other States. 104. Consolidation of Debts. —The Parliament may take over the public debts of the States, or a proportion of such debts. The States are to guarantee to the Commonwealth the amount of such debts ; and the interest paid on behalf of each State is to be deducted by the Commonwealth from the portion of surplus revenue returnable to that State. If such portion is not sufficient, the State is to pay the balance. [The Commonwealth may apply to the payment of interest any part of the three-fourths of its customs and excise revenue, which would otherwise have to be returned to the States (see section 87).] 105. State Constitutions. —The Constitutions of the States are to continue as before, except so far as they are affected by this Constitution.