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

oHAP. 11] THE COMMONWEALTH OF AUSTRALIA 819 into Tasmania of criminals of other states of the Common- wealth, and there are similar Acts of 1903 and 1905 in New South Wales and Queensland. Similarly the State Parliaments can make laws with regard to the people of any race, and “hese laws can exist concurrently with Commonwealth laws. The exclusive powers of the Commonwealth under ss. 52 and 69 include all matters relating to the departments of posts, telegraphs, and telephones, naval and military defence, light-houses, light-ships, beacons and buoys, and quarantine, but though these departments cannot be regulated by the State Legislatures, it is perfectly open to the State Parlia- ments to legislate on all these subjects ! pending the passing of Commonwealth Acts which contain provisions to which the provisions of the State Act are repugnant. It is clearly not the intention of the Commonwealth Act to deprive the State Parliaments of all legislative authority with regard to these subjects, but the State Parliaments were naturally forbidden forthwith to pass legislation affecting the constitu- tion of the transferred departments or their duties. In point of fact, the matter of quarantine is still left, as regards internal regulation, in considerable measure to be regulated by the state executive action and legislation.? The Commonwealth has also exclusive powers over surrendered territory by s. 111, and over territory surrendered by the Crown under s. 122. Moreover, there is no restriction on the legislation of the states as to external trade except such as is imposed by the fact that control of customs and excise and bounties has been taken away, save only in as far as the states are entitled to pass inspection laws.® The fact that trade and commerce 8. 108. This cannot apply to the departments after transfer; see Harrison Moore, op. cit., p. 412; Quick and Garran, op. cit., p. 938. ! See Commonwealth Official Year Book, iv. 1120: of. also Common. wealth Parl, Pap., 1908, No. 194. * Clark, op. cit, pp. 76 seq., thinks otherwise, and attributes to the police power (pp. 118-52) the power of the states to regulate trade other than domestic trade. I can find no warrant for this view. But Harrison Moore, op. cit., p. 331, suggests that in The King v. Sutton (6 C. L. R. 789) the High Court held explicitly that foreign commerce is exclusively the affair of the Commonwealth. This seems to go too far.

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