The Australian Constitutions Act 1850, or the Australian Colonies Government Act, was an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

which was enacted to formally established the

Colony of Victoria In modern parlance, a colony is a territory subject to a form of foreign rule. Though dominated by the foreign colonizers, colonies remain separate from the administration of the original country of the colonizers, the '' metropolitan state'' ...

by separating the District of Port Phillip from the Colony of New South Wales. The Act provided an initial constitution for

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...

, which included a bicameral parliament and a Lieutenant-Governor as its

vice-regal A viceroy () is an official who reigns over a polity in the name of and as the representative of the monarch of the territory. The term derives from the Latin prefix ''vice-'', meaning "in the place of" and the French word ''roy'', meaning "k ...

representative. It also altered the constitution of the Colony of New South Wales, and provided for similar constitutions to be set up in

Van Diemen's Land Van Diemen's Land was the colonial name of the island of Tasmania used by the British during the European exploration of Australia in the 19th century. A British settlement was established in Van Diemen's Land in 1803 before it became a sep ...

(Tasmania) and

South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...

. It was signed by

Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previo ...

on 5 August 1850 and came into effect on 1 July 1851.

Background

The Act was a response to the demands of the

Port Phillip Port Phillip ( Kulin: ''Narm-Narm'') or Port Phillip Bay is a horsehead-shaped enclosed bay on the central coast of southern Victoria, Australia. The bay opens into the Bass Strait via a short, narrow channel known as The Rip, and is com ...

and

Moreton Bay Moreton Bay is a bay located on the eastern coast of Australia from central Brisbane, Queensland. It is one of Queensland's most important coastal resources. The waters of Moreton Bay are a popular destination for recreational anglers and are ...

settlers, who felt inadequately represented in the New South Wales Legislative Council and who resented their taxes being channelled to

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

The Act

The Act named the colony and set out its provisional constitution, which included the proviso of a bicameral parliament. It created the

Parliament of Victoria The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly an ...

, which initially consisted of the

Victorian Legislative Council The Victorian Legislative Council (VLC) is the upper house of the bicameral Parliament of Victoria, Australia, the lower house being the Legislative Assembly. Both houses sit at Parliament House in Spring Street, Melbourne. The Legislative C ...

of 20 elected members and 10 members appointed by the Lieutenant Governor. This body was given jurisdiction over all but Australian lands and could pass any

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...

not in conflict with the extant English laws. The Act provided that the current arrangements would continue either until a charter of justice were issued, or until legislation was passed by the Victorian Legislative Council.

Earl Grey Earl Grey is a title in the peerage of the United Kingdom. It was created in 1806 for General Charles Grey, 1st Baron Grey. In 1801, he was given the title Baron Grey of Howick in the County of Northumberland, and in 1806 he was created Viscou ...

, the British Secretary of State for War from 1846 to 1852, helped the passage of the Bill through Parliament, as he wished to promote

free trade Free trade is a trade policy that does not restrict imports or exports. It can also be understood as the free market idea applied to international trade. In government, free trade is predominantly advocated by political parties that hold econ ...

and federal system of government in the colonies. The Act also provided for similar constitutions to be applied to

and

, enabling the creation of new Australian colonies with a similar form of government to

, whose constitution it also altered. It changed the qualifications for

franchise Franchise may refer to: Business and law * Franchising, a business method that involves licensing of trademarks and methods of doing business to franchisees * Franchise, a privilege to operate a type of business such as a cable television p ...

for the New South Wales Legislative Council, and enabled this body, together with the Governor of New South Wales, to establish a bicameral parliament. The Act, thus, had significant impact on the four colonies that were already established. The Colony of Western Australia had just started receiving convicts, making it the last remaining

penal colony A penal colony or exile colony is a settlement used to exile prisoners and separate them from the general population by placing them in a remote location, often an island or distant colonial territory. Although the term can be used to refer to ...

, and the Act included special provisions which limited the rights of its citizens to participate in government.

References

Citations

Notes

{{Notelist Acts of the Parliament of the United Kingdom concerning Australia Government of Australia 1851 in Australia