996 THE FEDERATIONS AND THE UNION [PART IV 
This point, however, is not without difficulty, inasmuch as 
it would create a difference between the position of the original 
provinces, whose relations to the Union are subject to 
alteration by the Union Parliament, and provinces which 
subsequently joined, and whose relations to the Union would 
apparently be beyond the control of the Union Parliament, 
and possibly the clause may have been borrowed without 
adequate consideration from the Canadian Act. The clause 
itself could be varied by Parliament, and so the relation of 
the provinces might perhaps thus be altered. 
On the other hand, this difference in treatment is not with- 
out justification in consideration of the fact that the character 
of the terms offered would probably add an inducement to any 
territories not at first included in the Union to join the Union. 
Separate provision is made by s. 151 with regard to the 
transfer to the Union of the government of any territories, 
other than the territories administered by the British South 
Africa Company, of or under the protection of His Majesty, 
inhabited solely or in part by natives, which may be trans- 
ferred by His Majesty, with the advice of the Privy Council 
on addresses from the Houses of Parliament of the Union.! 
Upon such transfer the Governor-General in Council may 
undertake the government of the territory upon the terms 
and conditions embodied in the schedule to the Union Act. 
That schedule is an important and remarkable document, 
and its inclusion is without precedent in either the Canadian 
or Australian Federation Act.2 It lavs down a definite set 
! For their government in such a case, see Part V, chap. iii, § 5. It 
was proposed by Mr. Keir Hardie that there should be inserted a provision 
that the assent of the territory should be obtained and the operation of 
the clause be suspended for ten years, but this was negatived ; see House 
of Lords Debates, ii. 867-70 ; House of Commons, ix. 1643 seq. 
* In Australia Papua has been transferred to the Commonwealth with 
its consent by the Imperial Government without conditions, and its 
administration is provided by the Papua Act, 1905, passed in virtue of 
63 & 64 Viet. c. 12, Const. 8. 122, by the Commonwealth Parliament. 
Norfolk Island will perhaps ultimately be transferred ; in both casos the 
action is taken by the Imperial Government in virtue of Imperial Statutes. 
It is not. however, clear that the Crown can transfer the island without