456 PARLIAMENTS OF THE DOMINIONS [PART III
theoretically possessed by the House of Commons, may be
regarded as obsolete by reason of disuse. The Union Act of
1911, however, like the Cape Act of 1883, recognizes the
power. The Tasmania and Queensland Acts contain also
a power to the Houses to direct a prosecution against any
person who infringes the rights of the Houses or members
by committing any offence cognizable by the Supreme Court,
and such offences can be punished by fine and imprisonment
not to exceed two years.
It may seem somewhat anomalous that the Parliaments
which have no constitutional rule regarding the extent of
their privileges should have power to confer such privileges
as they deem desirable. But the fact is of little importance :
it is fairly certain in the Provinces of Canada that any effort
to arrogate great power would lead to the disallowance of the
provincial Act by the Dominion Government, and in point
of fact it does not seem that any provincial legislature has yet
attempted to take too great powers, though no doubt ample
powers have been taken from time to time. It may also be
argued that the limitation of the powers of the Dominion
House applies to the provinces. In the other States and
Dominions the practice has been, where powers are taken, to
follow the House of Commons claims as actually exercised at
the present day, and not to extend them. New South Wales
indeed, for whatever cause, has taken no real privileges at all.?
It is possible indeed that New South Wales may hold the
view that the privileges which it could take are restricted
to making the rules for standing orders which are specified
in the Constitution Act and which it has exercised. It may
be that it is held that this grant implicitly excludes any
* See Provincial Legislation, 1867-95, p- 88. Ido not think this areument

sound.
! New Zealand, which has only power as to standing orders under 15 &
1G Viet. ¢. 72, 8. 52, by the Parliamentary Privileges Act, 1865, gave both
Houses the Commons privileges as at January 1, 1865, and this is still law;
see the Statutes, 1908, No. 101, s, 242. The Cape legislated in 1854 by Act
No. 1, and see Act No. 13 of 1883. For Newfoundland see Consolidated
Statutes, c.2,5.10, Queensland has made its privileges a part of the constitution
 by 31 Vict. No. 38, ss. 41-56. For Canada see 31 Viet. ¢. 22, and now
Revised Statutes, 1906, ¢. 10; for Tasmania, 22 Viet. No. 17: 49 Vict, No. 25.