tap. 1] THE TENURE OF JUDICIAL OFFICES 1331 
1867,! by South Australia under ss. 30 and 31 of the local 
Act, No. 2 of 1855-6,2 and in 1890 under the Constitution 
Act of Western Australia? which was scheduled to an 
Imperial Act. In the case of Victoria the same provisions 
were inserted as in the case of New South Wales, but the 
power was given not as in that case to Her Majesty, but to 
the Governor, a difference of some substance. The result 
of these powers would seem to differ in part according to the 
authority by which the clauses were inserted. In the case 
of New South Wales, Queensland, and Western Australia, in 
which the power is given by an Imperial Act to Her Majesty, 
it would seem that it might fairly be argued that a power of 
amotion which is given by Burke's Act must be considered 
as no longer being applicable. It is true that a power of 
amotion given to a Governor in Executive Council is not the 
same as a power of removal on representations from the two 
Houses of the Legislature. But it may fairly be held that 
in granting a Constitution with the intention of its being 
exercised under responsible government, a provision for 
removal in a certain manner, being that provided in the 
Constitution of the United Kingdom, is intended to be the 
sole provision for such removal. It may therefore be held 
that Burke’s Act has been repealed so far as these Colonies, 
now states, are concerned. On the other hand, it is clear 
that the local Act of South Australia cannot possibly invali- 
date the legislation of the Imperial Parliament and that the 
power to amove still exists in South Australia. 
In the case of Victoria again the matter is complicated by 
the fact that the power of removal is granted to the Governor 
and not to the Crown. It may therefore be argued with 
! See clauses ii, xv, xvi, xxii of letters patent ; 31 Vict. No. 38, ss. 4, 16, 
17. A tax on an income is not an interference with the salary under this 
provision ; see Cooper v. Commissioners of Income Tax for Queensland, 
t+ C. L. R. 1304; 5 Edw. VIL No. 34. A federsl tax on a judge is there- 
fore constitutional ; contrast Quick and Garran, op. cit., p. 734. 
* Also as to salaries by s. 18 of 13 & 14 Vict. c. 59. 
53 & 54 Vict. c. 26, sched. ss. 54-6. 
18 & 19 Viet. c. 55, sched. ss. 38, 39. The provisions do not appear 
in the Supreme Court Aet, 1890, which (s. 13) allows the Governor in 
Council to suspend.