PRIVATE BILLS WHETHER FEDERAL PARLIAMENT MAY ADOPT PRIVATE BILL PROCEDURE FOR CERTAIN CLASSES OF BILLS : POWER TO INCORPORATE : FEDERAL TERRITORIES
CONSTITUTION, ss. 51 (xiii), (xx), 122
The question of private bill procedure is one for the Federal Parliament.
Whether the Parliament has power to legislate for the incorporation of companies generally is doubtful; see Quick & Garran, p. 607; but on the various subjects within its control the Parliament certainly has power to deal with bills of a kind which would ordinarily be classed as 'Private Bills' (for example a bill for the incorporation of a bank under section 51 (xiii)).
In legislating for the Federal territories, in which the Federal Parliament has complete legislative authority, such bills might not be uncommon.
There is nothing in the Constitution to prevent the usual 'private bills' procedure being applied to bills of this character.
The Acts Interpretation Act provides that all Acts of the Parliament shall be deemed to be Public Acts(1); but this does not prevent the Parliament from treating certain classes of bills as 'Private Bills'.
The question of the procedure to be observed in regard to them is one upon which the Standing Orders Committee may advise the Parliament.
[Vol. 1, p. 91 ]
(1) The Acts Interpretation Act 1901 (Cwlth) did not so provide, but the corresponding Acts of the United Kingdom and various Australian States contained provisions to this effect.