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51-696: The South Australia Act 1834 ( 4 & 5 Will. 4 . c. 95), or Foundation Act 1834 and also known as the South Australian Colonization Act , was an Act of the Parliament of the United Kingdom which provided for the settlement of a province or multiple provinces on the lands between 132 degrees east and 141 degrees of east longitude, and between the Southern Ocean , and 26 degrees south latitude, including

102-442: A Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a private member's bill . In territories with

153-485: A multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in the United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as

204-419: A parliamentary system of government, acts of parliament begin as a bill , which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch . A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with

255-572: A British province or provinces" (short name ascribed by the National Library of Australia : South Australia Government Act 1838 ), 1 & 2 Vict. c. 60. This amendment to the original Act increased the governor's power, combining his office with that of the Resident Commissioner. (This office fell to George Gawler from 17 October 1838). The South Australian Colonization Commission was abolished between 1840 and 1842 and

306-462: A Commission from Queen Victoria on 14 January 1840. The full name of the act was "An Act to empower His Majesty to erect South Australia into a British Province or Provinces and to provide for the Colonization and Government thereof". Its chapter number is 4 & 5 Will. 4 . c. 95, meaning the 95th act that was passed in the reign of William IV , in the session of Parliament that started in

357-486: A bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by the head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal,

408-641: A colony. The Act was repealed by the South Australia Act 1842 , which instituted a different form of government for the colony, with the Governor presiding over an appointed Legislative Council , and established a commission to lay the foundations of a democratic form of government. The Commission was abolished in 1842 and its functions continued from early 1843 by the Colonial Land and Emigration Commission , which had been established by

459-473: A matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to the original bill to also be introduced, debated, and agreed to. In bicameral parliaments,

510-575: A similar aim. Finally this resulted in the passage of the 1834 Act, although the provisions did not quite match up to those of their original scheme. The Duke of Wellington , Irish-born field marshal and statesman, and victor at Waterloo , has been credited with securing the passage of the Act through the House of Lords . The 1834 Act set out the conditions for the establishment of the Province of South Australia, and granted authority for this to be done by

561-448: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

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612-403: The 11th Parliament of the United Kingdom , which met from 4 February 1834 until 15 August 1834. This session was also traditionally cited as 4 & 5 W. 4 or 4 & 5 Wm. 4 . Act of Parliament An act of parliament , as a form of primary legislation , is a text of law passed by the legislative body of a jurisdiction (often a parliament or council ). In most countries with

663-688: The Colonial Land and Emigration Commission , which had been established by a Commission from Queen Victoria on 14 January 1840, took over its functions, but the amalgamation of the South Australian Colonization Commission with this body was not completed until early 1843. With the enactment of the South Australia Act 1842 , the British Government assumed full control of South Australia as a Crown Colony . 4 %26 5 Will. 4 Note that

714-610: The Colonial Office . Administrative power was divided between a Governor , John Hindmarsh , who represented the Crown , and the Resident Commissioner, who reported to the Colonisation Commissioners and who was responsible for the survey and sale of land as well as for organising migration and funding. The first Resident Commissioner was James Hurtle Fisher . Robert Gouger was Colonial Secretary to

765-407: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

816-646: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

867-643: The South Australian Land Company (SALC), which lobbied for a Royal Charter to establish a colony in Australia which would be administered by those who were developing the land in the colony, with the sales of the land financing assistance to certain categories of emigrants to the colony. Not getting government approval for a chartered colony, supporters then formed the South Australian Association in 1834, with

918-489: The "Colonization Commissioners for South Australia", to oversee the sale and leasing of land in South Australia to British subjects. The Commissioners were empowered by the Act in a number of areas. They were able to appoint officers, delegate responsibilities, and make payment for the services provided. They were empowered to seek financing for the costs of starting the settlement. One method specifically prescribed in

969-499: The Act was for the issuing of bonds under the seal of the Commissioners in two separate and distinct areas. Firstly, they were able to issue what was named "South Australia public lands securities" up to a sum of 50,000 pounds . This financing was to pay for the cost of transporting immigrants, until the time when the funds from land sales was sufficient to cover the cost of transportation. Secondly, they were able to issue what

1020-781: The Act, the British government appointed the South Australian Colonization Commission to oversee its implementation: with thirteen members based in London, and a Resident Commissioner appointed by the board and stationed in the colony. Those first appointed, on 5 May 1835, were Colonel Robert Torrens (Chairman), Rowland Hill (Secretary), G. Barnes (Treasurer), George Fife Angas , Edward Barnard, William Hutt , J. G. Shaw-Lefevre , William Alexander Mackinnon M.P. , Samuel Mills, Jacob Barrow Montefiore , Lt Col George Palmer , and John Wright, representing

1071-693: The Commission, John Hindmarsh was appointed Governor and William Light Surveyor-General. The Commission was responsible for land sales and for land surveying , including choosing the site for the capital city. However, the Act did not make clear the powers of the Commission vis-à-vis the Governor, which led to discord for some years. The Rules and Regulations for the Disposal of Public Lands in His Majesty's Province of South Australia, authored by

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1122-563: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

1173-667: The Parliament of Ireland . For acts of the devolved parliaments and assemblies in the United Kingdom, see the list of acts of the Scottish Parliament , the list of acts of the Northern Ireland Assembly , and the list of acts and measures of Senedd Cymru ; see also the list of acts of the Parliament of Northern Ireland . The number shown after each act's title is its chapter number. Acts passed before 1963 are cited using this number, preceded by

1224-405: The Province of South Australia and fixing the boundaries thereof", short name Letters Patent establishing the Province of South Australia, dated 19 February 1836, was presented to King William IV to formally seek the approval to establish the Province of South Australia. The main change was to amend the wording in the 1834 document which referred to the land as "unoccupied", and offer recognition of

1275-486: The Province under this Act. This Act and the Letters Patent together achieved the founding of the colony, but with Wakefield's original plan failing to provide effective governance, having brought the colony to near-bankruptcy, a second Act was enacted in 1842 to bring the colony under direct rule of the Crown. The Act recognised that these lands were inhabitable, and made provision for colonisation, government, and

1326-450: The Resident Commissioner. The Council had broad legislative and executive powers , including setting rates, duties, and taxes. However only the Governor could propose laws, and these had to be approved by the King. On 31 July 1838, the changes were brought into law by "An Act to amend an Act of the fourth and fifth years of his late majesty empowering his majesty to erect South Australia into

1377-591: The South Australian Commission in the UK in 1835, stipulated that surveys were to be undertaken and maps to be made available prior to sale of the land. Land could be bought at a uniform price per acre, but it would go to auction in the case of more than one potential buyer. Leases of up to three years could be granted "for pasturage" on unsold lands. All proceeds were to go to the Emigration Fund, set up to help poorer people to migrate to

1428-432: The action of the King at a later date. By the means provided for in this Act, South Australia would become the only colony whose establishment was authorised by an Act of Parliament , and also incorporated unique features such as the requirement that it would be settled and developed at no cost to the United Kingdom. In February 1836 King William IV signed the Letters Patent, signalling the final action needed to establish

1479-466: The appointment of trustees, who would oversee a guarantee against the expense of settling South Australia, purchased out of the funds raised as South Australian Colonial Revenue Securities. This guarantee could be either Exchequer bills (banknotes) or other government securities in England. The amount was specified as £20,000. The Act provided for the establishment of local government, specifying that

1530-742: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

1581-545: The colony. These regulations were of great significance; the success of the Wakefield scheme to populate and fund the new Province hinged on land development, so land law and regulations governing it were fundamental. The 1836 Letters Patent and 1836 Order-in-Council clarified further how the new Province was to be established. The "Letters Patent under the Great Seal of the United Kingdom erecting and establishing

South Australia Act 1834 - Misplaced Pages Continue

1632-461: The committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill

1683-419: The first parliament of the United Kingdom was held in 1801; parliaments between 1707 and 1800 were either parliaments of Great Britain or of Ireland ). For acts passed up until 1707, see the list of acts of the Parliament of England and the list of acts of the Parliament of Scotland . For acts passed from 1707 to 1800, see the list of acts of the Parliament of Great Britain . See also the list of acts of

1734-450: The fourth year of his reign and finished in the fifth. South Australia Act 1834 and Foundation Act 1834 were the official short titles of the Act, which is also referred to in the literature as the South Australian Colonization Act . Robert Gouger , who had edited Edward Gibbon Wakefield 's Letter from Sydney (1829), had led a campaign to persuade the British government to help to bring about Wakefield's colonisation scheme. In 1831

1785-488: The funding of the new settlement on these lands. The Act states that the land specified by the Act is "waste" and "unoccupied". This statement was subsequently modified slightly by the Letters Patent establishing the Province of South Australia in 1836, which acknowledged some rights and occupation by Aboriginal people . The Act specifically provided for a limited independence of Government, whereby all laws made by

1836-551: The government in South Australia were to be presented to the King-in-Council in the United Kingdom. The Act defined the province of South Australia as being " ...that part of Australia which lies between the meridians of the one hundred and thirty-second and one hundred and forty-first degrees of east longitude, and between the southern ocean and the twenty-six degrees of south latitude, together with all and every

1887-404: The government securities or Exchequer bills, and £35,000 worth of land had to be sold in the new colony before any settlement was permitted. These conditions were fulfilled by the close of 1835. The Act specifies the minimum price of land at twelve shillings sterling per English acre, and for the selling price of land to be an equal price per acre, irrespective of the quality of the land. Under

1938-557: The islands adjacent thereto, and the bays and gulphs ". However, the Act gave control of the new colony to the Colonial Office as well as the Commissioners, which led to tension between the two and caused problems later. The money raised by the sale and leasing of land constituted what was called an Emigration Fund which was to be applied to the cost of conveying further immigrants from Great Britain and Ireland, in equal proportions of men and women, under 30 years of age. The colony

1989-496: The islands adjacent to the coastline. It also set up a London -based Board of the South Australian Colonization Commission allowing for three or more appointed commissioners (board members), known as the Colonization Commissioners for South Australia or, later, Colonisation Commissioners , to oversee the sale and leasing of land in South Australia to British subjects . This Board was to be represented in

2040-579: The last session of the Parliament of Great Britain and the first session of the Parliament of the United Kingdom are both cited as "41 Geo. 3". Acts passed from 1963 onwards are simply cited by calendar year and chapter number. All modern acts have a short title , e.g. the Local Government Act 2003. Some earlier acts also have a short title given to them by later acts, such as by the Short Titles Act 1896 . The second session of

2091-619: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

South Australia Act 1834 - Misplaced Pages Continue

2142-558: The local population should exceed 50,000 people. The Act allowed for the liquidation of public land, if at the end of a ten-year period, the population of the province or provinces had not reached 20,000 "natural born Subjects of His Majesty". This was to also repay any remaining debts of the South Australian Public Lands Securities. The Act further specified that the Province was to be self-sufficient; £20,000 surety had to be raised and invested in

2193-433: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

2244-542: The new colony by a Resident Commissioner , Surveyor-General , an Emigration Agent and various other colonial officers. In 1838, an amendment, which was referred to as the South Australia Government Act 1838 , provided formal instructions for the establishment of the colony and, significantly, included acknowledgement of the rights of the Indigenous peoples in the area to be proclaimed as

2295-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

2346-478: The rights of the " Aboriginal Natives " to live unhindered within the lands of the Province of South Australia. The first migrant ship, the John Pirie , set sail for the colony three days later. The Order-in-Council of 23 February 1836 (UK) established the legislative body to govern the new colony. It established a governing Council comprising the Governor, Chief Justice, Colonial Secretary, Advocate-General and

2397-429: The term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at

2448-497: The year(s) of the reign during which the relevant parliamentary session was held; thus the Union with Ireland Act 1800 is cited as "39 & 40 Geo. 3 c. 67", meaning the 67th act passed during the session that started in the 39th year of the reign of George III and which finished in the 40th year of that reign. Note that the modern convention is to use Arabic numerals in citations (thus "41 Geo. 3" rather than "41 Geo. III"). Acts of

2499-429: Was named "South Australian Colonial Revenue Securities", up to a sum of £200,000. This funding was a public debt on the colonial governance, which was to provide money for the operation of the settlement. It was to be repaid by the rates and taxes imposed on the colonists. The Commissioners were required to submit to Parliament once a year a full and detailed report of the proceedings in South Australia. The Act authorised

2550-476: Was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

2601-407: Was to be convict-free. The Act specified that those immigrating to South Australia, under the Emigration Fund, should be a married couple under the age of thirty, and that they both, along with any children they had, must immigrate to South Australia. The Act also specifically forbade the transportation of convicts to South Australia. The Act allowed for three or more appointed Commissioners, called

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