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

cmap. 11] THE COMMONWEALTH OF AUSTRALIA 903 the Murray have formed the subject of repeated and futile attempts by Victoria, New South Wales, and South Australia to arrive at some scheme which will secure the proper utilization of the waters of the river without depriving the lower stream of its navigable character. The whole question may ultimately be laid before the High Court. For the purpose of the adjustment of the provisions of the Constitution relating to trade and commerce and the laws made under the power in the Constitution, the Parliament was authorized to set up an Inter-State Commission? This commission was necessary if Parliament were to exercise the power given in 8. 102 to forbid by any law with respect to trade and commerce as to railways any preference or dis- crimination by a state, or an authority constituted under the authority of a state, if the preference or discrimination were undue and unreasonable and unjust to any state, due regard being had to the financial responsibilities incurred by the state which had provided the railway, but no preference or discrimination should be deemed to be undue unless deter- mined to be so by the Inter-State Commission. The members of the body were to be appointed by the Governor-General in Council and hold office for seven years, but be removable on address from both Houses of Parliament in the same session, on the ground of proved misbehaviour or incapacity ; they were to receive salaries fixed by Parliament and not to be diminished during their tenure of office. At the same time, with a view to the exceptional case of such places as South and Western Australia, it was provided in s. 104 that nothing should prevent the levying of any rate for the carriage of goods on a state railway, if the commission certified that the rate was necessary for the development of the state, provided that such rates applied equally to goods within the state and ! Of. Clark, op. cit, pp. 102-17. A new agreement (South Australia Parl. Pap., 1911, No. 37) is to be submitted to the Parliaments in 1911. * Tbid., pp. 185-9; Harrison Moore, op. cit., pp. 573-6. That no other sxecutive authority could be set up was argued in Huddart Parker and Co. Proprietary Ltd. v. M oorehead, (1909) 8 C. L. R. 330, but that was not accepted by the High Court.

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