Chap. V.
The States.
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Chapter V
THE STATES.
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Saving
of Constitutions.
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106. The Constitution
of each State of the Commonwealth shall, subject to this Constitution,
continue as at the establishment of the Commonwealth, or as at
the admission or establishment of the State, as the case may be,
until altered in accordance with the Constitution of the State.
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Saving of Power of State Parliaments.
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107. Every power
of the Parliament of a Colony which has become or becomes a State,
shall, unless it is by this Constitution exclusively vested in
the Parliament of the Commonwealth or withdrawn from the Parliament
of the State, continue as at the establishment of the Commonwealth,
or as at the admission or establishment of the State, as the case
may be.
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Saving of
State laws.
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108. Every law in force in
a Colony which has become or becomes a State, and relating to
any matter within the powers of the Parliament of the Commonwealth,
shall, subject to this Constitution, continue in force in the
State; and, until provision is made in that behalf by the Parliament
of the Commonwealth, the Parliament of the State shall have such
powers of alteration and of repeal in respect of any such law
as the Parliament of the Colony had until the Colony became a
State.
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Inconsistency of laws.
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109. When a law of a State
is inconsistent with a law of the Commonwealth, the latter shall
prevail, and the former shall, to the extent of the inconsistency,
be invalid.
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Provisions referring
to Governor.
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110. The provisions of this
Constitution relating to the Governor of a State extend and apply
to the Governor for the time being of the State, or other chief
executive officer or administrator of the government of the State.
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States may
surrender territory.
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111. The Parliament of a State
may surrender any part of the State to the Commonwealth; and upon
such surrender, and the acceptance thereof by the Commonwealth,
such part of the State shall become subject to the exclusive jurisdiction
of the Commonwealth.
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States may levy charges for
inspection laws.
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112. After uniform duties
of customs have been imposed, a State may levy on imports or exports,
or on goods passing into or out of the State, such charges as
may be necessary for executing the inspection laws of the State;
but the net produce of all charges so levied shall be for the
use of the Commonwealth; and any such inspection laws may be annulled
by the Parliament of the Commonwealth.
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Intoxicating liquids.
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113. All fermented, distilled,
or other intoxicating liquids passing into any State or remaining
therein for use, consumption, sale, or storage, shall be subject
to the laws of the State as if such liquids had been produced
in the State.
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States may not
raise forces.
Taxation of property of Commonwealth
or State.
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114. A State shall not, without
the consent of the Parliament of the Commonwealth, raise or maintain
any naval or military force, or impose any tax on property of
any kind belonging to the Commonwealth, nor shall the Commonwealth
impose any tax on property of any kind belonging to a State.
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States not to
coin money. |
115. A State shall not coin
money, nor make anything but gold and silver coin a legal tender
in payment of debts.
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Commonwealth
not to legislate in respect of religion.
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116. The Commonwealth shall
not make any law for establishing any religion, or for imposing
any religious observance, or for prohibiting the free exercise
of any religion, and no religious test shall be required as a
qualification for any office or public trust under the Commonwealth.
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Rights of residents in States.
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117. A subject of the Queen, resident in any State, shall
not be subject in any other State to any disability or discrimination
which would not be equally applicable to him if he were a subject
of the Queen resident in such other State.
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Recognition of laws, &c.
of States.
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118. Full faith and credit shall be given, throughout
the Commonwealth to the laws, the public Acts and records, and
the judicial proceedings of every State.
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Protection of States from invasion
and violence.
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119. The Commonwealth shall protect every State against
invasion and, on the application of the Executive Government of
the State, against domestic violence.
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Custody of offenders
against laws of
the Commonwealth.
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120. Every State shall make provision for the detention
in its prisons of persons accused or convicted of offences against
the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament
of the Commonwealth may make laws to give effect to this provision.
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Chapter VI |
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