§ The ATTORNEY-GENERALI beg to move, in page 118, line 21, to leave out "a matter of legal right," and to insert:
any question (whether of law or fact) on which the existence or extent of a legal right depends.This is to define a little more closely what was meant by words in Sub-section (1) of Clause 202, "a matter of legal right." The words are not what lawyers call exactly a term of art, and it seemed desirable to make it plain that the dispute should be a matter involving a question whether of law or fact on which a legal right might be claimed. The words I propose are merely an extension of the words that appear in the Bill at present.
§ Amendment agreed to.
§ 5.4 p.m.
§ The SOLICITOR-GENERALI beg to move, in page 118, line 24, to leave out from "to," to the end of the Sub section, and to insert:
This Amendment deals with a later part of this Clause and is intended to make more explicit the categories of cases in which the States may be involved and in regard to which the Federal Court will have original jurisdiction. If the House looks at the proviso, it will be seen that all except the first line is deleted. We say what are the disputes which shall come before the courts. Then we make an express reference to the matters in which dispute may arise, namely, agreements made under a Clause which the House will remember, under which the State makes an agreement with the Governor-General for carrying on his administration of certain Federal matters. With regard to (c), we want to do nothing to discourage, but rather to encourage, the States going to the Federal Court in connection with any agreement they may have on the matter. The Amendment looks a little complicated, but it really is spreading out in rather more detail the questions in which this court will have jurisdiction so far as the States are concerned.
- "(i) a dispute to which a State is a party, unless thedispute—
- (a) concerns the interpretation of this Act or of an Order in Council made there under, or the extent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of that State; or
- (b)arises under an agreement made under Part VI of this Act in relation to the administration in that State of a law of the Federal Legislature, or other-
986 wise concerns some matter with respect to which the Federal Legislature has power to make laws for that State; or - (c) arises under an agreement made after the establishment of the Federation, with the approval of His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States, between that State and the Federation or a Province, being an agreement which expressly provides that the said jurisdiction shall extend to such a dispute;
- (ii) a dispute arising -under any Agreement which expressly provides that the said jurisdiction shall not extend to such a dispute.?
§ Amendment agreed to.