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

100 PARLIAMENTS OF THE DOMINIONS [pART It has no effect except within territorial limits! It is true that s. 5 of the Constitution Act exempts from the applica- tion of the laws of the Commonwealth the Queen’s ships of war, but that exemption is evidently intended to refer to vessels of war under the control of the Crown, in its right of the United Kingdom, and not to forces raised under the authority of the Crown in Australia. It is also clear that in other matters the Commonwealth Parliament has extra-territorial jurisdiction. For example, it is empowered to legislate by s. 51 (x) for the fisheries in Australian waters beyond territorial limits, by sub-section vii tor light-houses, light-ships, beacons, and buoys, and by sub- section xxx for the relations of the Commonwealth with the islands of the Pacific. It is also authorized to legislate by sub-section xxix for external affairs, and by sub-sections xxvii and xxviii for immigration and emigration, and the influx of criminals, and these matters may require extra-territorial control. Moreover, it is provided by s. 5 of the Commonwealth of Australia Constitution Act that the laws of the Common- wealth shall be in force on all British ships, the Queen’s ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth. The meaning of that clause has been authoritatively interpreted by the High Court of the Commonwealth in the case of The Merchant Service Guild of Australasia v. Archibald Currie and Company Proprietary, Limited.? It was sought in that case to establish a jurisdiction of the Commonwealth Court of Conciliation and Arbitration over vessels which made round voyages from Calcutta to the Com- monwealth and returned to Calcutta. It wasargued that this section brought the ships within the ambit of the law of the Commonwealth, and it was pointed out thats. 20 of the Federal Council Act (48 & 49 Vict. ¢. 60) gave wide powers to the See Australia Act No. 30 of 1910; Canada 9 & 10 Edw. VIL c. 43, and of. Canada Revised Statutes, 1905, c. 111, which lays down a code of discipline for government vessels. See also Parl. Pap., Cd. 5746-2, * 5 C. L. R. 737. Cf. above, pp. 385, 386.

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