Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

386 PARLIAMENTS OF THE DOMINIONS [parr m1 of the Commonwealth Courts and the operation of the Commonwealth laws extend only to places within the Commonwealth except so far as a larger jurisdiction or operation is given to them by law.’ O’Connor J. said : ‘The jurisdiction of that Court (the Commonwealth Court of Conciliation and Arbitration), as of any other Common- wealth Court, must, of course, be confined within the terri- torial limits over which the laws of the Commonwealth extend, and it is conceded that, apart from the provisions of 8. 5 of the covering clauses of the constitution, those laws could have no operation beyond the three miles sea limit around Commonwealth territory.’ [t has sometimes been thought that there is an exception to this rule in the case of The Peninsular and Oriental Steam Navi- gation Company v. Kingston! The circumstances of the judge- ment in that case are important and may be given at length. The action out of which this appeal arises was brought by the Minister of State for Trade and Customs of the Commonwealth of Australia against one Charles Gadd, the master of the British merchant ship Oceana, belonging to the Appellant Company, for penalties under two sections of the Act No. 6 of 1901 of the Commonwealth of Australia, being the Customs Act, 1901. The facts are not in dispute, and are set out in the state- ment of claim and admitted by the defence. The Oceana had on her arrival in the Port of Sydney goods liable to duty, and, after her arrival, more goods were shipped on board. Upon none of the goods in question were duties paid, although all of them were liable to duty, but by the arrangement contemplated and in pursuance of the Customs Act in question, the goods were secured on board the Oceana by the Customs officer by placing Customs seals upon parts of the ship in which they were stored. After the ship left the Port of Sydney for Melbourne, and while on the voyage, the defendant caused the receptacles for these goods to be opened and the Customs seals to be broken. During the voyage, and afterwards during the ship’s stay in the Port of Melbourne, the stores were used by the passengers and crew and for the service of the ship. - [1903] A. C. 471, on appeal from the Supreme Court of Victoria, 27 V. L. R. 418.

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