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

CHAP. 11] LIMITATION OF LEGISLATION 401 Federal Council. Tt was held by the Court, on the other hand, that the Commonwealth Court of Conciliation had no jurisdiction in the case. The section gave jurisdiction only over vessels whose first port of clearance and whose port of destina- tion were in the Commonwealth. The port of destination meant the end of the voyage, and the Act applied only to cases where the beginning and end of the voyage were both in the Commonwealth. In the case in question the most favourable view was to assume that their first port of clearance was an Australian port, and that was extremely doubtful, but the port of destination could not be said to be in the Common- wealth, O’Connor J. said the words of s. 5 must be taken to describe a round voyage beginning and ending within the Commonwealth. It was no doubt intended to cover the ship- ping trade carried on by ships owned and registered in Australia, and manned and officered by Australian citizens, which for many years had extended to New Zealand and the islands of the Pacific and Indian ports. It was intended by Parliament to place vessels engaged on round voyages in the same position as regards Australian laws as a British ship held with regard to British laws, namely, that while on a voyage coming within the meaning of the section the Australian ships should be, for the purposes of Common- wealth laws, a floating portion of Commonwealth territory. That being the meaning of the section, it appeared to him that when once it was established that the voyage was of that description, it was immaterial to what part of the world it might extend, so that if it were established that the voyage of the respondent’s ships was a round voyage, begin- ning at an Australian port, calling at Calcutta or any other foreign port, and ending in an Australian port, the ships during the whole of the voyage would be under the Common- wealth laws and under the jurisdiction of Commonwealth Courts. In the case in question it appeared rather that the commencement and the end of the voyage were in Calcutta 1 * Cf. Quick and Garran, Constitution of Commonwealth, p. 361; Keith, Journ. Soc. Comp. Leg., x. 123-35. 1979 [) d

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