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

388 PARLIAMENTS OF THE DOMINIONS [PART 111 the jurisdiction of the Australian Commonwealth, section 192 was beyond the power of the Australian Commonwealth to snact if applied to such a case as that now under debate. Their Lordships think that the objection is founded on a misapprehension of what the section enacts. The section assumes the lawful imposition of the Customs seals for the purpose of exempting from duty goods upon which the Commonwealth might have exacted import duties. But in case of trade and commerce, and as a regulation for naviga- tion, all of which subjects are within the competence of the Commonwealth Legislature, the shipowner is permitted to have on board and in Australian ports goods so sealed up that they cannot be used while the seals remain unbroken. This is a privilege accorded to the shipowner who might be compelled to pay duties in respect of all goods on board his ship. The offence created by section 192 is the com- posite act of breaking the seals and coming into an Australian port with the seals broken. When the arrangement referred to has been permitted to the shipowner for the purpose of exempting him from paying duty, it is immaterial where the act of breaking the seals takes place. When he comes back into an Australian port with the seals broken, the offence is complete. As Mr. Justice Hood points out, the ship is, by arrange- ment, converted into a bond so that the stores cannot law- fully be used till the final departure of the ship. As has been pointed out by counsel, the legislation pro- ceeds on precisely the same lines as section 135 of the Imperial Customs Consolidation Act, 1876, and under that section, if a foreign ship were to take goods so sealed from one bonded warehouse in the United Kingdom to another, although in the course of her voyage she might go outside the territorial limits of the United Kingdom, the very same question might arise, and upon her arrival at any other port in the United Kingdom the master would undoubtedly, in their Lordships’ opinion, be liable to the penalties created by that Section. For these reasons their Lordships will humbly recommend to His Majesty to dismiss this appeal. The appellants must pay the costs of it. It will be seen from this case that the matter was compli- cated by the actual facts. It was perfectly true that the seals were brokon while out beyond the three-mile limit, but there were obviously two grounds on which the ordinary

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