Constitution Act 1900.
Covering Clause 7.
Repeal of Federal Council Act. (48 and 49 Vic. c. 60.)
The Federal Council of Australasia Act, 1885, is hereby repealed, but so as not to affect any laws passed by the Federal Council of Australasia 48 and in force at the establishment of the Commonwealth.
Any such law may be repealed as to any State by the Parliament of the Commonwealth, or as to any colony not being a State by the Parliament thereof.
Some words from CLRA.
The above is a very clumsily attempt to explain the fact that the Federal Council of Australasia Act 1885, is repealed and that the laws passed by such Act would remain in force, until, and if, repealed by the Parliament of a State or the Commonwealth.
The Annotated Constitution written by Quick and Garran make the following comments;
The Federal Council of Australasia Act, 1885, which was as follows:—
The Federal Council of Australasia was a forerunner to the current Commonwealth of Australia, though its structure and members were different.
It consisted of the then British colonies of New Zealand, Victoria, Tasmania, South Australia, Fiji, and others. However, the largest colony in the region, New South Wales, never joined the Council. It was a limited legislative body, starting in 1885, to discuss matters of importance and common interest. It had no power to enforce its decisions beyond that provided by the member colonies.
—Clause 6 of the Commonwealth Bill of 1891 was in almost identical words, and was adopted by the convention of 1897–8 without debate. At the Melbourne session, verbal amendments were made before the first report and after the fourth report.”
Laws Passed by the Federal Council.
“The following Acts have been passed by the Federal Council;
- 49 Vic. No. 1. An Act for shortening the language used in Acts of the Federal Council of Australasia. Cited as “The Federal Council Interpretation Act, 1886.” (Interpretation of Legislation Act)
- 49 Vic. No. 2. An Act to facilitate the proof throughout the Federation of Acts of the Federal Council and of the Acts of the Parliaments of the Australasian Colonies, and of Judicial and Official Documents and of the Signatures of certain Public Officers. Cited as “The Federal Council Evidence Act, 1886.” (Evidence Act)
- 49 Vic. No. 3. An Act to authorize the service of Civil Process out of the jurisdiction of the colony in which it is issued. Cited as “The Australasian Civil Process Act, 1886.” (Civil Procedure Act)
- 49 Vic. No. 4. An Act to make provision for the enforcement within the Federation of judgments of the Supreme Court of the Colonies of the Federation. Cited as “The Australasian Judgments Act, 1886.”(Judiciary Act)
- 51 Vic. No. 1. An Act to regulate the Pearl Shell and Beche de mer Fisheries in Australasian waters adjacent to the colony of Queensland. Cited as “The Queensland Pearl Shell and Beche de mer Fisheries (extra-territorial) Act, 1888.” Reserved for the Royal assent 20 Jan., 1888, and proclaimed 19 July, 1888
(Queensland Fisheries Act)
- 52 Vic. No. 1. An Act to regulate the Pearl Shell and Beche de mer Fisheries in Australasian waters adjacent to the colony of Western Australia. Cited as “The Western Australian Pearl Shell and Beche de mer Fisheries (extra-territorial) Act of 1889.” Reserved for the Royal assent 4 Feb. 1889, and proclaimed 18 Jan., 1890 (Western Australia Fisheries Act)
- 54 Vic. No. 1. An Act to facilitate the recognition in other colonies of Orders and Declarations of the Supreme Court of any colony in matters of Lunacy. Cited as “The Australasian Orders in Lunacy Act, 1891.” (Lunacy Act)
- 56 Vic. No. 1. An Act to make provision for the Discipline and Government of the Garrisons established at King George’s Sound and Thursday Island at the joint expense of the Australian Colonies or some of them (3 Feb., 1893). Cited as “The Federal Garrisons Act, 1893.”
- 60 Vic. No. 1. An Act to provide for the naturalization within the Australian Colonies, or some of them, of persons of European descent naturalized in any of such colonies (1 Feb., 1897). Cited as “The Australasian Naturalization Act, 1897.” (Citizenship Act)
- 60 Vic. No. 2. An Act to make provisions for the enforcement in certain cases within the Australasian Colonies, or some of them, of Orders of the Supreme Courts of such Colonies for the production of Testamentary Instruments (1 Feb., 1897). Cited as “The Australasian Testamentary Process Act, 1897 (Instruments Act)
The colonies represented in the Federal Council were: Victoria, Queensland, Western Australia, Tasmania, Fiji; and also, for a period of two years (from 10th December, 1888, to 10th December, 1890), South Australia.”
Please note:- NSW was never part of Federal Council of Australasia.