Page:History of Adelaide and vicinity.djvu/660

 634 ADELAIDE AND VICINITY Appendix E Money to l>e appropriated l>.v law. Transfer of otflcers. Transfer of property of State. 83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law. But imtil the expiration of one month after the first meeting of the Parliament the Governor- General in Council may draw from the Treasury and expend such moneys as may be necessary for the mainlenance of any department transferred to the Commonwealth and for the holding of the first elections for the Parliament. 84. When any department of the public service of a State becomes transferred to the Common- wealth all officers of the department shall become subject to the control of the Kxecutive Government of the Commonwealth. Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other oflice of equal emolument in the public service of the Stale, be entitled to receive from the State any pension, gratuity, or other compensation payable under the law of the State on the abolition of his office. Any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth ; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer. Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with ihe advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth. 85. When any department of the public service of a State is transferred to the Commonwealth — (i.) W property of the State of any kind, used exclusively in connection with the department shall become vested in the Commonwealth ; but in the case of the departments controlling customs and excise and bounties, for such time only as the Governor- General in Council may declare to be necessary. (11.) The Commonwealth may acquire any property of the State, of any kind used, but not exclusively used in connection with the department ; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as maybe, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force at the establishment of the Common- wealth. (ill.) The Commonwealth shall compensate the State for the value of any property passing to the Commonwealth under this section ; if no agreement can be made as to the mode of compensation, it shall be determined under the laws to be made by the Parliament. (iv.) The Commonwealth shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred. 86. On the establishment of the Commonwealth, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the Executive Government of the Commonwealth. 87. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise, not more than one-fourth shall be applied annually by the Commonwealth towards its expenditure.