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

cpap. 11] THE COMMONWEALTH OF AUSTRALIA 893 such pension on ultimate retirement as he would have received under the law of the state. These provisions have, curiously enough, given rise to a considerable amount of unnecessary litigation, partly caused by the unwillingness of the states to pay their share of the retiring allowances of certain officers? or the reduction of their former salaries by the Commonwealth.? The provisions as to the transfer of state property are as follows :— 85. When any department of the public service of a State is transferred to the Commonwealth— (i) All property of the state of any kind, used exclusively in connexion with the department, shall become vested in the Commonwealth ; but, in the case of the departments sontrolling customs and excise and bounties, for such time only as the Governor-General in Council may declare to be necessary : (ii) The Commonwealth may acquire any property of the state, of any kind used, but not exclusively used in connexion with the department ; the value thereof shall, if no agree- ment can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in jand, taken by the state for public purposes is ascertained ander the law of the state in force at the establishment of the Commonwealth : (iii) The Commonwealth shall compensate the state for the value of any property passing to the Commonwealth ander this section ; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be made by the Parliament : (iv) The Commonwealth shall, at the date of the transfer, assume the current obligations of the state in respect of the department transferred. Much property has been transferred under this agreement 0 the Commonwealth, but the payments to be made are \ Ct. Willis v. Machray, [1910] A. C. 476 ; New South Wales v. Common- vealth, 6 C. L. R. 214; Manion v. Williams, 4 C. L. R. 1046; Greville v. Williams, 4 C. L. R. 694 (reversed on different grounds by Privy Council, 3 C. L. R. 760) ; Dettman v. Williams, 3 C. L. R. 43, &c. s Of. Cousins v. Commonwealth, 3 C. L. R. 520; of. Bond v. Common- wealth. 1 C. L. R. 13.

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