Victorian Current Acts

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APPLICATION OF NEW SOUTH WALES LAWS TO VICTORIA ACT 1851 - PREAMBLE

Preamble

WHEREAS by an Act of the Imperial Parliament, passed in the Session of the thirteenth and fourteenth years of the reign of Her present Majesty Queen Victoria, intituled, An Act for the better Government of Her Majesty's Australian Colonies, it is amongst other things enacted, that after such provisions for establishing Electoral Districts as therein mentioned shall have been made by the Governor and Legislative Council of New South Wales, and upon the issuing of the writs for the first election in pursuance thereof, the territories comprised within the District of Port Phillip shall be separated from the Colony of New South Wales, and that thereupon the powers of the Governor of New South Wales over and in respect of the Colony of Victoria shall cease:

AND WHEREAS it is expected that such writs will shortly be issued, whereupon the territories comprised within the said District of Port Phillip will cease to form part of the Colony of New South Wales:

AND WHEREAS certain Acts of the Governor and Council of the Colony of New South Wales have provided for the levying of certain "duties upon spirits, wines, and other goods and merchandise imported into the said Colony of New South Wales and its dependencies:"

AND WHEREAS also a certain other Act of the said Governor and Council has provided for the "general regulation of the Customs in New South Wales:"

AND WHEREAS also divers other Acts of the said Governor and Council, and various Government and other public regulations, made in pursuance of some of such Acts, have made other provisions and regulations purporting to apply to the said "Colony of New South Wales only:"
Preamble

AND WHEREAS doubts may arise whether, after such separation as aforesaid, the said several duties upon spirits, wines, and other goods and merchandise will be legally leviable within the said Colony of Victoria, and also whether the said several other Acts, and the said Government and other public regulations, will apply to and be in force within the said Colony of Victoria after such separation as aforesaid:

AND WHEREAS it is necessary to remove such doubts, and to provide that all laws and all rules and regulations founded thereon, which now apply to the said District of Port Phillip as a part of the said Colony of New South Wales, shall, until altered by the Legislature of Victoria, continue to be in full force and effect within the territories comprised within the said district after their separation as aforesaid in the same manner as if such separation had not taken place:

Duties payable in New South Wales payable in District of Port Phillip

Be it therefore enacted, That all and every the duties and duty now chargeable and payable within the Colony of New South Wales upon all spirits, wines, and other goods and merchandise imported into the same, shall be charged and paid within the District of Port Phillip after its erection into the separate Colony of Victoria, upon all spirits, wines, and other goods and merchandise imported into the last-mentioned Colony, in the same manner in every particular as if such separation had not taken place; and that all and every the laws and regulations now in force for the collection and regulation of the Customs in New South Wales shall, in like manner, after such separation, continue to be in force, and shall be applied to the said Colony of Victoria as if such separation had not taken place, until such duties, laws, and regulations shall severally and respectively have been altered by the Governor and Legislative Council of Victoria.

II. All laws and regulations applicable to Colony of Victoria

And be it enacted, That all and every other the laws and Government or other public regulations which have at any time been passed or made for the Colony of New South Wales or for the District of Port Phillip, and now in force within the said district, shall, after such separation as aforesaid, and until other provision shall have been made in respect of the same matters respectively by the Governor and Legislative Council of Victoria, or other competent authority, severally and respectively continue to be in force within and shall be applied to the territories comprised within the Colony of Victoria, and to all persons, matters, and things therein, in the same manner to all intents and purposes as if such separation had not taken place.

III. Imported goods subject to duty

And be it declared and enacted, That after the separation of the Colony of New South Wales and Victoria, all goods, merchandise, and articles now subject to duty on importation into the Colony of New South Wales, shall be liable to and shall pay duty in each of the said Colonies respectively, irrespective of the place at which they were first landed: Provided that if such goods, merchandise, or articles have paid the import duty in the one Colony, the usual drawback shall be allowed on its exportation to the other.

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ENDNOTES

Endnotes



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