The new Council was opened by Sir George Gipps on 1 Aug. 1843.
The Fourth Constitutional next important charter granted to Australia was 13 and 14 Vic., c. 59 (5 Aug. 1850, entitled °An Act for the better government of Her Majesty's Australian Colonies,* and commonly known as the Australian Colonies Government Act. The bill, of which this act was the out come, was first introduced into the House of Commons in June 1849. The two main objects of the act were the separation of the Port Phil lip District from New South Wales, and the es-' tablishment in all the colonies of an improved system of provincial government. The Legis lative Council, erected in New South Wales by the Act of 1842 was not materially disturbed. Its powers were in some respects increased, and the franchise on which its representative members were elected was liberalized.
The New new election of members of the Legislative Council of New South Wales on the liberalized franchise then took place. The new council complained that the Act 13 and 14 Vic., c. 59, did not place the control of revenue taxation, and the waste lands of the Crown in the colonial legislature, and a full measure of local self-government in a Constitution similar in outline to that of Can ada was applied for.
In 1852 gold was discovered in New South Wales and Victoria, which caused a great in flux of immigrants into these colonies. In a despatch addressed to Governor Fitzroy, dated 15 Dec. 1852, Sir John Packington, Secretary of State for the Colonies, stated that Her Majesty's government had been greatly in fluenced by considerations arising from the ex traordinary discoveries of gold in the Aus tralian colonies, which had imparted new and unforeseen features to their political and social positions. It was the wish, therefore, of Her Majesty's government that there should be es tablished in each colony a new legislature con sisting of a Legislative Council nominated by the Crown, and an elective House chosen by qualified inhabitants. To such legislatures it was proposed to give general powers including that of dealing with the waste lands of the Crown.
Upon the receipt of this despatch the Legis lative Council of New South Wales, under the authority conferred by 13 and 14 Vic., c. 59, s. 32, appointed a select committee to draw up a constitution establishing a bicameral legislature, having increased powers and functions. A constitution was accordingly drawn up. It pro vided that, in place of the Legislative Council then existing, there should be a Legislative Council and a Legislative Assembly, and that Her Majesty should have power by and with the advice and consen: of the said Council and assembly, to make laws for the °peace, welfare and good government of the said colony in all cases whatsoever.* The members of the Coun cil were to be nominated by the governor with the advice of the Executive Council. The first nominees were to hold their seats for five years only. The members of the Assembly were to be chosen by male electors having certain residen tial and property qualifications. An Assembly once constituted was to continue for five years unless dissolved by the governor. The new legislature was endowed with full power to deal with the waste lands of the Crown and to impose duties or customs.
On 21 Dec. 1853, the new Constitution was adopted and transmitted to the Secretary of State for the Colonies. In an amended shape it was made a schedule to a bill introduced into the Imperial Parliament, entitled "A Bill to enable Her Majesty to assent • to a bill as amended by the legislature of New South Wales to confer a Constitution on New South Wales." The bill was passed by Parliament and received the royal assent on 16 July 1855. Its number is 18 and 19 Vic., c. 54. The act conferring a constitution on Victoria was assented to on the same day. The constitutions were then trans mitted to the respective colonies, accompanied by explanatory despatches from the Secretary of State, Lord John Russell, in which the gov ernors were instructed as to the introduction of responsible government.