Full text: Responsible government in the Dominions (Vol. 1)

£10 PARLIAMENTS OF THE DOMINIONS [PART III 
Colonial Law assented to by the Governor of such Colony, 
or of any Bill reserved for the Signification of Her Majesty’s 
Pleasure by the said Governor, shall be prima facie Evidence 
that the Document so certified is a true Copy of such Law 
or Bill, and, as the Case may be, that such Law has been 
duly and properly passed and assented to, or that such Bill 
has been duly and properly passed and presented to the 
Governor ; and any Proclamation purporting to be published 
by Authority of the Governor in any Newspaper in the 
Uolony to which such Law or Bill shall relate, and signifying 
Her Majesty’s Disallowance of any such Colonial Law, or 
Her Majesty’s Assent to any such reserved Bill as aforesaid, 
shall be prima facie Evidence of such Disallowance or Assent. 
And whereas Doubts are entertained respecting the Validity 
of certain Acts enacted or reputed to be enacted by the Legis- 
lature of South Australia: Be it further enacted as follows : 
7. All Laws or reputed Laws enacted or purporting to 
have been enacted by the said Legislature, or by Persons 
or Bodies of Persons for the Time being acting as such 
Legislature, which have received the Assent of Her Majesty 
in Council, or which have received the Assent of the Governor 
of the said Colony in the Name and on behalf of Her Majesty, 
shall be and be deemed to have been valid and effectual 
from the Date of such Assent for all Purposes whatever ; 
provided that nothing herein contained shall be deemed to 
give Effect to any Law or reputed Law which has been 
disallowed by Her Majesty, or has expired, or has been 
lawfully repealed, or to prevent the lawful Disallowance or 
Repeal of anv Law. 
It will be seen that, comparing the Act with the opinion 
of the law officers in Judge Boothby’s case, there are two 
important concessions made as well as removing the doubts 
which were possible as to the correctness of the views of the 
law officers : in the first place, the condition of non-repug- 
nancy to the general principles of English law disappeared 
for good; then, in the second place, the question of the royal 
instructions was settled in law as it had been laid down to be 
by the Secretary of State. In both regards Colonial legisla- 
tion was rendered less liable to useless criticism and avoidable 
doubt. On the other hand, the impossibility of the repeal 
* See, however, Eastern Rand Exploration Co. Ltd. v. Nel and others, [1903] 
I. 8S. 42: Globe Advertising Co.v. J channesburg Town Council, [1903] T. S. 335.
	        
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