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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Document type:: Multivolume work

Structure type:: Chapter

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

Collection:: Economics Books

818 THE FEDERATIONS AND THE UNION [PART IV of 1910 placed the lower limit at £5,000 in order to give a sphere of action to the states, the question of astronomical and meteorological observations (viii), legislation as to census and statistics (xi), legislation as to foreign corporations, and trading or financial corporations, formed within the limits of the Commonwealth (xx), and invalid and old age pensions (xxiii) ;1 while in some cases, namely those mentioned in subsections xxxiii, xxxiv, xxxvii, and xxxviii, legislation by the state is necessary to give effect to the Common- wealth legislation. On some of the other matters legislation by the Commonwealth must in effect supersede all state legislation, as for example, in the case of bills of exchange and promissory notes (xvi), copyright, patents, and trade marks (xviii),2 and naturalization (xix) ; in each of these cases and in the case of currency (xii) the Commonwealth laws? have occupied the whole field, and State Acts could have no effect because their provisions would be overridden unders. 109 of the Constitution. Asa matter of fact, the Naturalization Act, 1903 (s. 18), the Patents Act, 1903 (s. 8), the Trade-Marks Act, 1905 (s. 8), the Copyright Act, 1905 (s. 8), the Bills of Ex- change Act, 1909 (s.7),and the Marine Insurance Act, 1909 (s.5), all contain clauses providing that the State Acts shall cease to apply—a phrase adopted in view of the rule laid down by the Privy Council in the case of Canada, that no repeal of a pro- vincial law by the Dominion is possible. On other questions legislation may exist concurrently ; for example, in the case of immigration and emigration (xxvii) and the influx of crimi- nals (xxviii), Tasmania already, in 1909, has found it necessary to pass an Immigration Act which aims at preventing the entry ! But in fact the staies will only in a few cases supplement the Common- wealth pensions, and as a whole the old-age pensions Acts have ceased to Ye operative. i But, as will be seen below, a state alone can create a new species of industrial property not properly included under this caption according to the fair interpretation of the term. * See Bills of Exchange Act, 1009; Copyright Act, 1905; Patents Act, 1903-9; T'rade-Marks Act, 1905; Designs Act, 1906; Coinage Act, 1909; Naturalization Act, 1903; Life Assurance Comvantes Act, 1905; Marine Insurance Act, 1909.

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