cHAp. 11] LIMITATION OF LEGISLATION 399 
is necessary for the proper enforcement of the powers given. 
In some cases it would be difficult to contend that these 
powers can be limited to territorial limits in the strict sense 
of the word. For example, the British North America Act, 
1867, provides by s. 91 (7) for the Federation having power 
to legislate for the peace, order, and good government of 
Canada in respect of militia, military, and naval service 
and defence. The Parliament of the Commonwealth of 
Australia has power under the Constitution, s. 51 (vi), to 
legislate for the naval and military defence of the Common- 
wealth. Again, the Parliament of the Union of South 
Africa has the fullest powers to legislate for the Government 
of South Africa, and so also in New Zealand and New- 
foundland. 
In all these cases the effects of their Acts on military 
subjects are extended by the Imperial Army Act, 1881, s. 177, 
to have effect beyond their territorial limits in respect of 
their own forces, for the Army Act only applies to them 
where the Colonial Legislature has made no other pro- 
vision. 
It would be impossible clearly to confine within territorial 
limits the effect of these laws; naval defences would be 
quite ineffectual if the vessels ceased to be under any law 
when they left the three-mile limit. On the other hand, if 
they then fell under the Imperial Acts, which is not the case 
from the wording of these Acts, then the power of legislation 
given to the Dominions would cease to be a reality. It follows, 
therefore, that naval defence involves extra-territorial legis- 
lation, though to what extent it must be difficult to say in 
view of the absence of authoritative declaration in the 
Courts. Hitherto, the naval forces of the Colonies, that is to 
say, of the Australian Colonies, which alone until 1910had in- 
dependent naval forces, have been forces which have been in 
part raised under the terms of an Imperial Act, 28 & 29 Vict. 
¢. 14, and have therefore been specially provided for by Im- 
perial legislation. They are now regulated, since the passing of 
the Defence Acts of the Commonwealth and Canada, by their 
legislation, and it is impossible to hold that that legislation