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

crap. 11] THE COMMONWEALTH OF AUSTRALIA 821 he remained for twenty-six years, a decidedly strong case. On the other hand, the Court decided that mere formal domicile owing to the domicile of the father does not prevent an infant born out of Australia falling under the prohibition of the Act.! In the case of many clauses the powers of the states have resulted in a definite restriction of the powers of the Common- wealth Parliament 2 $ 5. RELATIONS OF THE LEGISLATIVE POWERS OF THE STATES AND THE COMMONWEALTH ACCORDING TO JUDGEMENTS oF THE HigH COURT OF AUSTRALIA (a) The Immunity of Instrumentalities?® In the case of D’Emden v. Pedder * the question was raised 2s to the effect of Act 2 Edw. VIL. No. 30 of the State of Tasmania, which prescribed a stamp duty of 2d. in respect of every receipt where the sum received amounted to £5 and was under £50. The federal officers in Tasmania were called 1pon to give receipts in respect of their salaries,and D’Emden, who was Deputy Postmaster-General of the State of Tasmania, was summoned before the Court of Petty Sessions in Hobart on the ground that he gave a receipt for his salary which was not duly stamped in accordance with that law. He was convicted, and the case was taken on appeal to the Supreme Court, who held by a majority that the appellant was liable to pay the duty and confirmed the conviction, from which the defendant appealed to the High Court of the "asmmonwealth. ' Ah Yin v. Christie, 4 C. L. R. 1428. Cf. Natal Act, No. 3 of 1906. * It is of interest to consider how far the Federal Parliament could use the State Parliaments as agencies for carrying out its powers: it can use the executive officers with their consent freely, and so does—but there is no authority yet in the shape of federal decisions; see Parliamentary Debates, 1907, pp. 3866 seq. ; Harrison Moore, op. cit., pp. 442-4. ' See Harrison Moore, op. cit., pp. 421-37; Law Quarterly Review, xxiii, 373; Keith, Journ. Soc. Comp. Leg., xii. 95 seq. ¢1C L. R. 91. Cf. also Municipal Council of Sydney v. Commonwealth, 1 CL. R. 208 : Roberts v. Ahern. 1 C. L. R. 406.

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