Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

1194 ADMINISTRATION AND LEGISLATION [PART V New Zealand Act and the Commonwealth Lighthouses Bill of 1911 both ignore these sections. But it seems impossible to accept the view that these provisions are ultra vires. The procedure laid down in the Imperial Act applies and must be followed, if it is desired in virtue of that Act to insure the payment of dues by all vessels, and the local Act can only be effective in regard to vessels which come into the ports or territorial waters of the Colony. On the other hand, it is not doubtful that parts i, ii, vi, viii, xiii, and xiv in great measure apply to the Colonies. There is a clear conflict of jurisdiction between the provision of the Commonwealth Navigation Bill, which prohibits the use in Australia of a certificate of an officer cancelled in the Commonwealth and then re-issued by the Board of Trade. Unless restricted to the case of coasting and registered vessels the clause must be regarded as certainly ultra vires the Commonwealth Parliament. The question of the powers to be exercised by the Govern- ments of the Dominions with regard to merchant-shipping legislation was exhaustively discussed in 1907, at the N. aviga- tion Conference of that year. Australia and New Zealand were adequately represented, and though much divergence of opinion displayed itself during the discussions, ultimately a full agreement was come to with regard to the principles on which the merchant-shipping legislation of the Dominions should be based. The discussion which took place was, as far as was possible compatibly with the nature of the subject, not based merely on legal grounds or on the interpretation of the existing Acts, but was based upon considerations of expediency and convenience. The important resolution is No. 9 as explained vy No. 10, which reads as follows —-1 9. Vessels to which Colonial Conditions are applicable That the vessels to which the conditions imposed by the law of Australia or New Zealand are applicable should be (@) vessels registered in the Colony, while trading therein, t Parl. Pap., Cd. 3567, p. v.

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