Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

794 THE FEDERATIONS AND THE UNION [PART IV was exhaustively discussed the question of the relations of the Crown in the states to that of the Crown in the Common- wealth. The point arose out of the question whether the Crown in the states was bound by the provisions of the Customs Act of 1901, in respect of goods imported by the Crown in the state for the use of the state. The Government of New South Wales imported wire netting, which it was intended to distribute at a moderate cost to farmers in New South Wales, and they set up a claim in the first place that the goods were not subject to any control by the Commonwealth customs authorities, and in the second place that the goods were not subject to the duties of the customs. They relied partly on the doctrine that statutes did not bind the Crown except by express order, or necessary implication, and partly also on the provisions of s. 114 of the Constitution, which forbids the imposition of a tax upon the property of a state by the Commonwealth. The High Court decided against the Government of New South Wales. The substance of the decision was based on the ground that for customs matters the whole control of customs must be given by the Constitution to the Common- wealth (see ss. 52 (2), 86, and 90). The Crown was the Crown in the Commonwealth. It was laid down that the constitution binds the Crown as represented by the states, and takes no count of the states and States Governments in relation to Commonwealth legislation in matters within the exclusive control of the Commonwealth Government, and therefore, in the construc- tion of Commonwealth statutes dealing with such matters, the rule that the Crown is not bound by statute applies to the sovereign as head of the Commonwealth Government, and not as head of the State Governments. It was pointed out by the Court that if the principle were conceded, then the states could have made the customs laws and duties of customs illusory by importing largely and selling for the benefit of private individuals. But the decision rested in the main on the constitutional ground indicated above.

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