Australian Colonies Government Act
The Australian Colonies Government Act, enacted by the UK Parliament in 1850, marked a significant advancement towards self-governance for Australia's colonies. This pivotal legislation allowed for the creation of legislative councils within the colonies, with two-thirds of their members to be elected by the colonists, thus enhancing representation. It facilitated the separation of the Port Phillip District from New South Wales, leading to the establishment of the new colony of Victoria and later Queensland. The act also set forth voter qualifications, mandating that voters must be male, at least 21 years old, and possess certain property ownership criteria.
With this framework, the Australian colonies gradually developed their own constitutions and legislative bodies. The first elections under this act occurred in the mid-1850s, ushering in a more representative form of government. Over subsequent decades, the act's provisions prompted the colonies to seek greater autonomy, contributing to the eventual Federation of Australia in 1901. Thus, the Australian Colonies Government Act played a crucial role in shaping the political landscape of Australia, fostering a move towards legislative independence while maintaining some oversight from Britain.
Australian Colonies Government Act
The Australian Colonies Government Act gave the Australian colonies partial representation in government and moved them towards self-government. This landmark act stipulated that colonies form legislative councils with two-thirds of their members elected by vote, established the legal basis for colonial constitutions and set voter qualifications. It allowed for New South Wales to be divided to create the colonies of Victoria and, later, Queensland. Enacted by the Parliament of the United Kingdom, the law received royal assent from Queen Victoria on 5 August 1850 and took effect on 1 July 1851.
Background
In the 1840s, the desire for independence from New South Wales grew in the southern Port Phillip District. The district received its own superintendent, Charles La Trobe, in 1839, but he had limited authority and the district was governed primarily by the governor of New South Wales, Sir George Gipps. Some Port Phillip District settlers felt the colonial government did not always represent their interests, and in 1840 they formed the Separation Association. In 1842, the Parliament passed the 1842 New South Wales Legislation Act, which made the Legislative Council of New South Wales more representative. The Crown appointed one-third of its thirty-six members, while the remainder were elected by voters in New South Wales, with Port Phillip District electing six members and the rest of New South Wales electing eighteen.
Although this gave the Port Phillip District greater representation in the government, many people felt it was insufficient. The desire for independence intensified after Governor Gipps restricted the size of cattle and sheep stations and began requiring annual grazing licences in April 1844. Many Port Phillip squatters strongly opposed this new regulation as it would limit their grazing opportunities. On 28 November 1844, a group of Port Phillip colonists met in Melbourne to discuss the regulations. They decided the only way to resolve the issue was to separate from New South Wales and form their own colony. They petitioned the queen for separation. In June 1845, Lord Stanley, secretary of state for the colonies, responded by asking Governor Gipps to review the situation and make a recommendation on separation and boundaries if necessary.
Gipps left Australia shortly thereafter, and the review fell to his replacement, Sir Charles Augustus FitzRoy. On 31 July 1847, Earl Grey, who had replaced Stanley, issued a dispatch recommending Port Phillip become a separate colony named Victoria. He recommended the boundaries previously determined by Gipps, and FitzRoy accepted his recommendations. Lord Grey's dispatch became the subject of great debate among the colonists, with some wanting to preserve the present government and others opposed to the creation of district councils and municipal representatives. In April 1849, a Committee of the Privy Council on Trade and Plantations report to Queen Victoria reaffirmed Grey's recommendations.
Responsible Government
Lord Grey's proposal, the Australian Colonies Government Act, was introduced into Parliament in early 1850. MPs debated the bill intensely for many months and amended it several times. Parliament passed the bill on 5 July 1850, and it received the royal assent on 5 August. Formally known as an Act for the Better Government of Her Majesty's Australian Colonies, the Australian Colonies Government Act is also called the Australian Constitutions Act. Its thirty-eight sections created two new colonies and allowed for more representation in all the colonies.
The act separated the Port Phillips District from New South Wales to become the colony of Victoria, granted it the authority to create a constitution like New South Wales' and instituted a Supreme Court for the new colony. It specified each colony was to have a legislative council, with the number of members determined by the governor and council. One-third of each council's members were to be appointed by the queen and two-thirds selected by the colonists. The act also mandated the colonies be divided into electoral districts. The councils were granted the right to pass laws and levy taxes and customs duties as long as they did not conflict with any law or foreign treaty of England; however, Britain retained control over sales of Crown land and budget appropriations. The colonies also could create two houses in parliament. Further, they could petition the queen to resolve boundary disputes.
The act established the qualifications of voters for members of the legislative council. Voters had to be male, to have attained at least twenty-one years of age, to be a British subject or denizen of New South Wales, and to possess a freehold estate of at least one hundred pounds sterling after debts or to occupy a house valued at ten pounds sterling or more. Convicted felons or traitors needed a pardon or a completed sentence in order to vote, and all prospective voters had to have paid all required taxes and fines.
The act also designated a territory of New South Wales that could petition for separation to become another colony at the time of its choosing. It gave South Australia and Van Diemen's Land (now Tasmania) the authority to create representative constitutions. It provided a means for the colonies to amend their constitutions and extended its various provisions to future colonies.
Impact
The Australian Colonies Government Act was a major step toward self-government in the Australian colonies. Over the next few decades, each colony established its own constitution and legislative council that allowed for more representation in government. The first elections for the legislative councils were held in 1856 in Victoria and Tasmania, 1857 in South Australia, 1860 in Queensland and 1870 in Western Australia. Tasmania enacted its constitution in 1854; Victoria, New South Wales in 1855; and South Australia in 1856. Moreton Bay District (renamed Queensland) separated from New South Wales in 1859 and enacted its constitution the same year. Western Australia enacted its constitution in 1890. Its delay arose because it had not ended convict transportation until 1868 and had a relatively small population.
New South Wales, Victoria and Tasmania established a lower house in 1856. South Australia followed in 1857 and Queensland in 1860. Western Australia, which had the most restrictions on when it could implement the provisions of the act, established a lower house in 1890.
As the colonial governments became more representative and responsible, the imperial government loosened its control. By the 1890s, the colonists' desire for a coalition of colonies grew, and the Federation of Australia came into being on 1 January 1901.
Bibliography
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