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

902 THE FEDERATIONS AND THE UNION [PART IV measurably. Only one point marred the harmony of the settlement. The Government in effect made the new arrangement take place from July 1, 1910, though the Braddon clause was in force until December 31, 1910, by enacting that if under this clause more than 10s. 6d. a head is paid in the first half year there would be proportionate deductions in the next half year, and in fact there were very large overpayments in the first six months. It is open to the Commonwealth, under s." 96 of the Constitution, to grant financial assistance to any state on such conditions as it may think fit, but no step has yet been taken to carry out this policy! which is an exception to the general rule in s. 99, that the Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one state or any part thereof over another state or any part thereof. This latter provision was considered by the majority of the High Court to be one of the grounds on which the Commonwealth Excise Act, 1906, regarding the manufacture of agricultural instruments could success- fully be impeached, in that it provided that those manufac- turers should be exempt who manufactured under labour conditions approved by one or other of several authorities including state Courts and wages boards, and they held that thus a different set of conditions would be set up all over Australia. It was held, on the other hand, by the minority of the Court that there was no discrimination between states or parts of states, unless the discrimination were because A was a part or the whole of one state and B part or the whole of another state; that is, that the discrimination must be because of the state character, and this seems the sounder view of a proposition which is beyond question doubtful and difficult. The Commonwealth cannot by s. 100, by any law or regula- tion of trade, abridge the right of a state or of the residents therein to the reasonable use of the waters of rivers for con- servation or irrigation—an important law, for water rights in t Cf. Clark, op. cit., pp. 212-8. The King v. Barger, 6 C. L. R. 41.

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