VPRS 13944 Transferred Property Files, Commonwealth - State Transfers

This series consists of files relating to properties transferred by the State of Victoria to the Commonwealth of Australia subsequent to Federation. It is uncertain when these files were actually created, so series date range is based upon the content. The files most probably were created c 1930 - 1932 when it appears that these matters were being finalised with all papers relevant to each property being brought together. However, creation may have started from c1908 or may have been done after the transfer of the papers to the custody of the Department of Crown Lands and Survey (VA 538). The responsibility for matters relating to transferred properties appears to have rested with the Office of the Government Valuer within the Department of Public Works (VA 669).Contents of files may include a plan drawn by a surveyor of the property, a description of the property as appropriate for the title deed, a statement of the valuation of the property and original or copies of correspondence. Correspondence might include that from the Commonwealth Department of Home Affairs and copies of that from the Premier's Office (VA 672) or the Office of the Government Valuer. For properties where transfers were finalised there are notes of the date of the title transfer and details of the volume and folio of the title. On the file cover may be given a Transferred Property (T.P.) file number. Some files also have a pencilled notation of the relevant Department of Crown Lands and Survey 'C' file or Rs file number. These latter files might be available in VPRS 242 Crown Reserves Correspondence. Sumnmary details of these properties may be found in VPRS 13945.Under the Constitution of the Commonwealth of Australia 1901 a number of functions passed from the individual former colonies to the Commonwealth of Australia. The most obvious of these functions were those relating to defence and the military forces, posts and telegraphs, customs and navigation including lighthouses along the coast. As part of this, property used by the states for the exercise of these functions was similarly transferred to the Commonwealth.Section 85 of the Constitution provided for these transfers of property stating that when a function was transferred the property used exclusively in connexion with this department, shall become vested in the Commonwealth . Further, property not used exclusively by the department could also be acquired. The Section further provided that valuations of property so acquired should be made with the view of compensating the State for its loss.Other property for the exercise of Commonwealth functions could also be acquired from the States under the Lands Acquisition Act 1906 and its subsequent amendments. This Act also provided for the leasing of land to the Commonwealth as well as the sale. The Act asserted the State's right to compensation and provided for the assessment of this, the means of payment and for the resolution of any disputes.For many properties legal title did not pass from the State to the Commonwealth until the early 1930s although the Commonwealth had acquired the properties at the time it assumed responsibility for the provision of related services. The formal transfer of title for many properties occurred subsequent to the 1927 Commonwealth / States Financial Agreement enacted in Victoria as the Commonwealth and States Financial Agreement Act 1927 (No 3554) with the First Schedule embodying the Agreement. Under this Agreement the Commonwealth assumed all liability for the public debt of the States, equivalent to the value of the properties at 5% interest in exchange for freehold title to the properties.The records in this series were originally Boxes 1 - 6 of the Transferred Properties Collection held by the Department of Crown Lands and Survey and its successor agencies.