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 Colony of New South Wales was a colony of the British Empire from 1788 to 1901, when it became a State of the Commonwealth of Australia. At its greatest extent, the colony of New South Wales included the present-day Australian states of New ...

. 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 Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...

and a

Lieutenant-Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

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 sepa ...

(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 Death and state funeral of Queen Victoria, her death in 1901. Her reign of 63 years and 21 ...

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 languages, Kulin: ''Narm-Narm'') or Port Phillip Bay is a horsehead-shaped bay#Types, enclosed bay on the central coast of southern Victoria (Australia), Victoria, Australia. The bay opens into the Bass Strait via a short, ...

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 The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in th ...

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

. 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 and ...

, 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 Co ...

of 20 elected members and 10 members appointed by the

Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

. This body was given jurisdiction over all but Australian lands and could pass any

legislation Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...

not in conflict with the extant

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

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 The Secretary of State for War, commonly called War Secretary, was a secretary of state in the Government of the United Kingdom, which existed from 1794 to 1801 and from 1854 to 1964. The Secretary of State for War headed the War Office and ...

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 econo ...

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 The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing pol ...

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

, and enabled this body, together with the

Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...

, to establish a bicameral parliament. The Act, thus, had significant impact on the four colonies that were already established. The

Colony of Western Australia 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'' ...

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