88 RESPONSIBLE GOVERNMENT [PART 1
for they do not require even one member of the Government
to be a member of the legislative body.
In the case of Victoria there is more legal sanction. The
Constitution? as approved by the Imperial Government
contains, besides the provisions for the appointment of all
save political officers by the Governor in Council, the grant
of a Civil List in exchange for the Crown revenue, and
the provision of pensions for officers retiring on political
grounds, the following clause (s. 18) :(—
Of the following officers of Government for the time being,
that is to say, the Colonial Secretary or Chief Secretary,
Attorney-General, Colonial Treasurer or Treasurer, Com-
missioner of Public Works, Collector of Customs or Com-
missioner of Trade and Customs, Surveyor-General or
Commissioner of Crown Lands and Survey, and Solicitor-
General, or the persons for the time being holding those
offices, four at least shall be members of the Council or
Assembly.
These officers were required to undergo re-election if they
accepted office while in Parliament. But this was carried
further by the Officials in Parliament Act, 1883, s. 2, which
authorized the Governor to appoint a number of officers,
not exceeding ten, who should be capable of being elected
members of either House of Parliament, and of sitting and
voting therein, ‘ provided always that such officers shall be
responsible ministers of the Crown and members of the
Executive Council, and four at least of such officers shall
be members of the said Council or Assembly.” This section
was consolidated as s. 13 of the Constitution Act Amendment
Act, 1890. As in the case of New South Wales, re-election
remained necessary, but, as in that case, a change of office
did not necessitate re-election. This provision was revised
by the Act No. 1864 of 1903, which provides as follows :——
5. (1) Notwithstanding anything contained in the Con-
stitution Act Amendment Acts it shall be lawful for the
Governor from time to time to appoint any number of
officers, so that the entire number shall not at any one
* 18 & 19 Vict, c. 55 (confirming and altering a reserved Bill of the local
Legislature),
