crap. 11] THE COMMONWEALTH OF AUSTRALIA 905
total majority was very large ; it became law as Act No. 3
of 19102}
There are certain limitations and qualifications of the
powers of the Commonwealth with regard to the states
which are set out in ss. 112-7. After the imposition of
uniform duties of customs, a state may levy on imports or
exports such charges as may be necessary for executing the
inspection laws of the state, but the net produce of such
duties shall be for the use of the Commonwealth, and any such
inspection law may be annulled by the Parliament of the
Commonwealth, the only case in which the Federal Parlia-
ment is permitted to render void by declaration a state Act?
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.? A state shall
not without the consent of the Parliament of the Common-
wealth raise or maintain any kind of naval force, or military
force, or impose a tax or duty of any kind on property
belonging to the Commonwealth, nor reciprocally can the
Commonwealth impose any tax on property of any kind
belonging to the state. The effect of this section has been
considered in the Courts. In the case of Municipal Council
of Sydney v. Commonwealth?® it was held that the Common-
wealth could not be rated on land transferred by New South
Wales under ss. 85 (i) and 86 of the Constitution. The lands
had paid rates while state property, and it was argued that
by s. 108 the liability remained on the transfer, but the Court
decided against the view, and maintained that by permitting
the continuance of the tax a tax would be just as much
imposed as if newly enacted. They laid it down, therefore,
that s. 110 of the New South Wales Act, No. 35 of 1902, must
not be claimed to be meant to apply to federal land.
' See p. 901, n. 1. ® Cf, Clark, op. cit., pp. 82, 135-8.
3 Cf. Fox v. Robbins, (1909) 8 C. L. R. 115. This excludes the operation
of the United States decision in Leisy v. Hardin, 135 U. 8. 100; Harrison
Moore, op. cit., p. 671. *1C LR. 208.