Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 40
A Guide to New South Wales State Archives relating to Responsible Government
Among its many provisions relating to the establishment of a new partially -elected
legislature, Imperial Act 5 & 6 Vic c.76, An Act for the Government of New South Wales
and Van Diemen's Land, which took effect on 5 January 1843, defined the boundaries of
the Port Phillip District for the purposes of the Act, and stipulated that the District of Port
Phillip and the Town of Melbourne would be Electoral Districts, the former to return five
members and the latter one. Section 51 of this Act foreshadowed the subdivision of the
Colony of New South Wales by providing that the Queen could erect into a separate
colony or colonies "any Territories which now are, or are reputed to be, or hereafter may
be comprised within the said Colony of New South Wales".
There had been one or two petitions from inhabitants of the Port Phillip District for
separation previously, but in 1844 the sporadic agitation for separation became a
pervasive movement, exemplified by the petition from the Port Phillip Members of the
Legislative Council praying for the entire separation of the District of Port Phillip from
New South Wales and to its erection into a separate and independent Colony. This
petition had the immediate effect of the Secretary of State (in acknowledging the receipt
of the petition) calling for a report of the Governor's views and referral of this subject to
the consideration of the Executive Council to aid in the more complete investigation of
the question of separation.
The Executive Council embarked upon this "more complete investigation" in November
1845. On 1 April 1846 the Council recommended the separation of the District of Port
Phillip from the rest of the Colony of New South Wales and its erection into a distinct
Colony, the Lord Bishop of Australia and the Colonial Treasurer dissenting. The Council
also advised that the new Colony should revert to the form of government provided for
New South Wales by the Act 9 Geo IV c.83; and that, except for minor modifications
required for the sake of distinctness, the boundaries should be the same as those
assigned to the District under section 2 of 5 & 6 Vic c.76.
In his Despatch of 31 July 1847, received in late 1847, the Secretary of State
communicated the decision of Her Majesty's Government on the erection of the Port
Phillip District into a separate Colony, and notified that the necessary Bill would be
introduced in the next Session of the Imperial Parliament. However, it was not until 1850
that the Imperial Act 13 & 14 Vic c.59, the Australian Colonies Government Act, was
enacted on 5 August 1850. This measure provided that
the territories now comprised within the said district of Port Phillip, including the town
of Melbourne, and bounded on the north and north-east by a straight line drawn from
Cape Howe to the nearest course of the River Murray, and thence by the course of
that river to the eastern boundary of the colony of South Australia, shall be separated
from the colony of New South Wales, and shall cease to return members to the
Legislative Council of such colony, and shall be created into and thenceforth form a
separate colony, to be known and designated as the Colony of Victoria.
Under this Act it was also enacted that there should be a separate Legislative Council for
Victoria, one third of the number of members being appointed by Her Majesty and the
remainder elected by the inhabitants of the colony. Authority was given to the Governor
and Legislative Council of New South Wales to determine by Act of Parliament the
number of members of which the Legislative Council of Victoria was to consist, and to
make provision for dividing the new colony into electoral districts, for appointing the
number of members for each district, and generally for carrying on the necessary
elections. On the issuing of writs for the first election of members of the Legislative
Council of Victoria, the colony was to be accounted as legally established, and the
powers of the Governor and Legislative Council of New South Wales over the territories
comprised in Victoria would cease.
State Records Authority of New South Wales
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