CHAP.1v] ALTERATION OF THE CONSTITUTION 435
tion in regard to the aborigines, was found to have been invalid
because of the non-observance of the exact procedure in regard
to the proclamation of the royal assent, and required to be
re-enacted in the proper form in 1905 by s. 65 of Act No. 14.
The inconvenience of the procedure in the case of majorities
was also illustrated by a case in Victoria in 19031 Tt was
there questioned whether the Constitution Amendment Bill,
No. 1854 of that year, was, strictly speaking, valid. Among
various points which were raised by petition presented to
the Governor was whether the validity of the Bill was
affected by the fact that Parliament sat in a different place
from that named in the Governor’s Proclamation as the
place for holding the Session of Parliament ; also whether
the Bill was substantially altered after the second and third
readings in the Lower House and before it was finally agreed
to, and whether in view of its being substantially altered
it should properly have been presented for the assent of the
Governor. It was provided by s. 60 of the constitution, that
alterations of the constitution of the Houses were subject
to the second and third readings being passed with the con-
currence of an absolute majority of the whole numbers of
the members of the Legislative Council and of the Legislative
Assembly. It was suggested, therefore, by opponents of
the validity of the measure that no amendments could be
allowed between the second and third readings of the Bill
in the Lower House and its readings in the Upper House.
The Bill was largely amended by alterations being made after
a free conference between the two Houses. It is clear that
the alterations and the general procedure were not at all
satisfactory, but it does not appear that the irregularities
were sufficient to render the Bill null and void. At any rate
the royal assent was not withheld from the Bill, and it must
be presumed that it was not held by the Imperial Govern-
ment to violate the provisions of s. 60 of the Schedule.
Nevertheless the validity of the Act has since heen questioned
! Cf. the discussion in 1909, Victoria Parliamentary Debates, 1909, pp. 3303
50. ; and sec Melbourne Herald, May 14 and 15, 1903. The discussion
ignores the validating effect of 7 Edw. VIL c. 7.
fo