CHAP.vV] THE PRIVILEGES AND PROCEDURE 449
the privileges of Parliament are to be such as are appointed
by Parliament by legislation : until then they are to be those
which are enjoyed by the Imperial House of Commons from
time to time. Thus the House of Commons privileges are
to be the minimum which the Commonwealth has; it may
increase these privileges by ordinary legislation, though it has
not yet done so. An Act, No. 16, was passed in 1908 to protect
parliamentary prints from the danger of libel actions. In the
Cape of Good Hope and Newfoundland the Constitution
Acts contained no hint as to privileges at all, and the privi-
leges of the Houses rest on ordinary legislation ; by s. 57 of
the South Africa Act, 1909, the privileges of the Parliament
of the Union are to be those of the Cape Lower House until
Parliament decides otherwise. It has defined its code by
Act No. 19 of 1911, and has imposed on future Acts the
constitutional obligation that the privileges exercised must
not exceed those of the House of Commons from time to
time. In the case of New South Wales! Tasmania, and
Queensland,® the Constitution Acts and the letters patent
refer merely to the power of each House adopting standing
orders, and in New South Wales there is still no Act
conferring privileges on the House. In Tasmania, on the
other hand, the defect was removed in 1858 by a local
Act, and in Queensland by an Act, 25 Vict. No. 7, which was
consolidated in the Constitution Act of 18672 so that the
matter is now part of the constitution of the Colony and
subject to alteration only in the manner appropriate in such
cases. In the Transvaal® and the Orange River Colony ¢
the constitutions allowed each House to take by legislation
the privileges of the House of Commons from time to time, or
any less privileges, and this privilege was availed of by the
Transvaal by the Parliamentary Privileges Act, 1907.
When legislation has been passed there is no doubt of its
effect, provided of course it does not infringe the constitution :
t 18 & 19 Viet. c. 54, sched. s. 35. * Act 18 Viet. No. 17 5, 29.
} Letters Patent, June 6, 1859, s. 13. 4 31 Viet. No. 38, ss. 41-56.
* Letters Patent, December 6, 1906, s. 33.
¢ Letters Patent, June 5, 1907, s. 35. See now South Africa Act No. 19
of 1911.
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