{"id":"application-new-south-wales-laws-victoria-act-1851","name":"Application of New South Wales Laws to Victoria Act 1851","slug":"application-of-new-south-wales-laws-to-victoria-act-1851","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28695,"registerId":"vic-application-new-south-wales-laws-victoria-act-1851-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Application of New South Wales Laws to Victoria Act 1851","content":"Victorian Legislation Parliamentary Documentsi\nVersion No. 001\nApplication of New South Wales Laws to\nVictoria Act 1851\nAct No. 49/1851\nVersion as at 24 February 2003\nTABLE OF PROVISIONS\nSection Page\nDuties payable in New South Wales payable in District of Port\nPhillip 3\nII. All laws and regulations applicable to Colony of Victoria 3\nIII. Imported goods subject to duty 4\n═══════════════\nENDNOTES 5\n1. General Information 5\n2. Table of Amendments 6\n3. Explanatory Details 7\n\nVictorian Legislation Parliamentary Documents1\nVersion No. 001\nApplication of New South Wales Laws to\nVictoria Act 1851\nAct No. 49/1851\nVersion as at 24 February 2003\nAn Act to provide that the Revenue and other Laws and\nRegulations made in and for the Colony of New South Wales,\nshall, after the erection of the District of Port Phillip into the\nseparate Colony of Victoria, continue in force within the\nlast-mentioned Colony until altered by the Legislature thereof. 1\nPreamble\nWHEREAS by an Act of the Imperial\nParliament, passed in the Session of the thirteenth\nand fourteenth years of the reign of Her present\nMajesty Queen Victoria, intituled, An Act for the\nbetter Government of Her Majesty's Australian\nColonies, it is amongst other things enacted, that\nafter such provisions for establishing Electoral\nDistricts as therein mentioned shall have been\nmade by the Governor and Legislative Council of\nNew South Wales, and upon the issuing of the\nwrits for the first election in pursuance thereof,\nthe territories comprised within the District of\nPort Phillip shall be separated from the Colony of\nNew South Wales, and that thereupon the powers\nof the Governor of New South Wales over and in\nrespect of the Colony of Victoria shall cease:\nAND WHEREAS it is expected that such writs\nwill shortly be issued, whereupon the territories\ncomprised within the said District of Port Phillip\nwill cease to form part of the Colony of New\nSouth Wales:\n\nVictorian Legislation Parliamentary DocumentsAct No. 49/1851\nApplication of New South Wales Laws to Victoria Act 1851\n2\nAND WHEREAS certain Acts of the Governor\nand Council of the Colony of New South Wales\nhave provided for the levying of certain \"duties\nupon spirits, wines, and other goods and\nmerchandise imported into the said Colony of\nNew South Wales and its dependencies:\"\nAND WHEREAS also a certain other Act of the\nsaid Governor and Council has provided for the\n\"general regulation of the Customs in New South\nWales:\"\nAND WHEREAS also divers other Acts of the\nsaid Governor and Council, and various\nGovernment and other public regulations, made\nin pursuance of some of such Acts, have made\nother provisions and regulations purporting to\napply to the said \"Colony of New South Wales\nonly:\"\nAND WHEREAS doubts may arise whether,\nafter such separation as aforesaid, the said several\nduties upon spirits, wines, and other goods and\nmerchandise will be legally leviable within the\nsaid Colony of Victoria, and also whether the\nsaid several other Acts, and the said Government\nand other public regulations, will apply to and be\nin force within the said Colony of Victoria after\nsuch separation as aforesaid:\nAND WHEREAS it is necessary to remove such\ndoubts, and to provide that all laws and all rules\nand regulations founded thereon, which now\napply to the said District of Port Phillip as a part\nof the said Colony of New South Wales, shall,\nuntil altered by the Legislature of Victoria,\ncontinue to be in full force and effect within the\nterritories comprised within the said district after\ntheir separation as aforesaid in the same manner\nas if such separation had not taken place:\nPreamble\n\nVictorian Legislation Parliamentary DocumentsAct No. 49/1851\nApplication of New South Wales Laws to Victoria Act 1851\n3\nDuties payable in New South Wales payable in\nDistrict of Port Phillip\nBe it therefore enacted, That all and every the\nduties and duty now chargeable and payable\nwithin the Colony of New South Wales upon all\nspirits, wines, and other goods and merchandise\nimported into the same, shall be charged and paid\nwithin the District of Port Phillip after its erection\ninto the separate Colony of Victoria, upon all\nspirits, wines, and other goods and merchandise\nimported into the last-mentioned Colony, in the\nsame manner in every particular as if such\nseparation had not taken place; and that all and\nevery the laws and regulations now in force for\nthe collection and regulation of the Customs in\nNew South Wales shall, in like manner, after such\nseparation, continue to be in force, and shall be\napplied to the said Colony of Victoria as if such\nseparation had not taken place, until such duties,\nlaws, and regulations shall severally and\nrespectively have been altered by the Governor\nand Legislative Council of Victoria.\nII. All laws and regulations applicable to Colony of\nVictoria\nAnd be it enacted, That all and every other the\nlaws and Government or other public regulations\nwhich have at any time been passed or made for\nthe Colony of New South Wales or for the District\nof Port Phillip, and now in force within the said\ndistrict, shall, after such separation as aforesaid,\nand until other provision shall have been made in\nrespect of the same matters respectively by the\nGovernor and Legislative Council of Victoria, or\nother competent authority, severally and\nrespectively continue to be in force within and\nshall be applied to the territories comprised within\nthe Colony of Victoria, and to all persons, matters,\nand things therein, in the same manner to all\ns. II\n\nVictorian Legislation Parliamentary DocumentsAct No. 49/1851\nApplication of New South Wales Laws to Victoria Act 1851\n4\nintents and purposes as if such separation had not\ntaken place.\nIII. Imported goods subject to duty\nAnd be it declared and enacted, That after the\nseparation of the Colony of New South Wales and\nVictoria, all goods, merchandise, and articles now\nsubject to duty on importation into the Colony of\nNew South Wales, shall be liable to and shall pay\nduty in each of the said Colonies respectively,\nirrespective of the place at which they were first\nlanded: Provided that if such goods, merchandise,\nor articles have paid the import duty in the one\nColony, the usual drawback shall be allowed on\nits exportation to the other.\n═══════════════\ns. III\n\nVictorian Legislation Parliamentary DocumentsAct No. 49/1851\nApplication of New South Wales Laws to Victoria Act 1851\n5\nENDNOTES\n1. General Information\nThe Application of New South Wales Laws to Victoria Act 1851 was\nassented to on 2 May 1851 and came into operation on 2 May 1851.\nEndnotes\n\nVictorian Legislation Parliamentary DocumentsAct No. 49/1851\nApplication of New South Wales Laws to Victoria Act 1851\n6\n2. Table of Amendments\nThere are no amendments made to the Application of New South Wales\nLaws to Victoria Act 1851 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation Parliamentary DocumentsAct No. 49/1851\nApplication of New South Wales Laws to Victoria Act 1851\n7\n3. Explanatory Details\n1 The citation for this Act is \"14 Victoria, No. 49. An Act to provide that the\nRevenue and other Laws and Regulations made in and for the Colony of New\nSouth Wales, shall, after the erection of the District of Port Phillip into the\nseparate Colony of Victoria, continue in force within the last-mentioned\nColony until altered by the Legislature thereof.\".\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's scope remains as originally enacted: it preserves existing NSW revenue, customs and other laws in the Port Phillip district until altered by Victoria (Act text). Endnotes record no amendments to this Act, so its legal scope has not been changed since assent (Endnotes, Table of Amendments)."},"complexity_factors":["Transitional continuation of NSW laws to Victoria creates cross-jurisdictional application issues (ss I–II).","Customs duty interaction: potential for duties in both colonies with a drawback mechanism (s III).","Broad language—'all laws and regulations'—may create interpretive uncertainty about scope and exclusions (s II).","Delegation of change to Victoria's Governor and Legislative Council concentrates future discretionary action in local institutions (ss I–II).","Administrative compliance and enforcement burden on customs officers and importers during transition (ss I, III).","Historical drafting and terminology may require modern statutory interpretation for current application."],"plain_english_summary":"**What it does:** This Act keeps, on Victoria’s separation from New South Wales, the existing NSW revenue, customs and other laws in force in the Port Phillip district until Victoria’s Governor and Legislative Council change them (ss I–II). It requires import duties to be paid in each colony where goods are liable but allows a usual drawback where duty was already paid (s III). Who pays and who decides: importers pay duties; changes require action by Victoria’s government. It preserves legal continuity and immediate tax collection."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains exactly as intended — a temporary bridge to ensure legal continuity when Victoria separated from New South Wales. It was always meant to be a holding pattern until the new Victorian Legislature could enact its own laws. The Act has not been amended since 1851, indicating it served its narrow, specific purpose and was then superseded by subsequent Victorian legislation rather than expanded."},"complexity_factors":["Only 3 operative sections (I, II, III) plus a preamble","No defined terms section — terms like 'drawback' and 'District of Port Phillip' are used without formal definition","Minimal cross-referencing — only refers to one Imperial Act (the Australian Colonies Government Act 1850) in the preamble","Simple conditional logic — essentially 'if separation happens, then NSW laws continue'","Single proviso in section III regarding drawback on exportation","Straightforward declaratory language typical of mid-19th century colonial statutes","No delegated legislation or regulatory mechanisms within the Act itself"],"plain_english_summary":"When Port Phillip became the separate colony of Victoria in 1851, this Act preserved legal continuity by keeping all New South Wales laws (notably customs duties on imported goods) in force in Victoria until its new Parliament changed them. It also protected against double taxation by allowing drawbacks where goods moved between colonies. The measure affected merchants, residents and the nascent Victorian government and prevented legal chaos at separation."}},"importantCases":[],"_links":{"self":"/api/acts/application-of-new-south-wales-laws-to-victoria-act-1851","history":"/api/acts/application-of-new-south-wales-laws-to-victoria-act-1851/history","analysis":"/api/acts/application-of-new-south-wales-laws-to-victoria-act-1851/analysis","conflicts":"/api/acts/application-of-new-south-wales-laws-to-victoria-act-1851/conflicts","importantCases":"/api/acts/application-of-new-south-wales-laws-to-victoria-act-1851/important-cases","documents":"/api/acts/application-of-new-south-wales-laws-to-victoria-act-1851/documents"}}