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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Document type:: Multivolume work

Structure type:: Chapter

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

Collection:: Economics Books

1208 ADMINISTRATION AND LEGISLATION [part Vv effect of s. 5 of the Commonwealth of Australia Constitution Act, 1900.1 In that case the wages payable on board a ship were defined by an award of the Court of Conciliation and Arbitration of the Commonwealth of Australia established ander a Commonwealth Act, and if the laws of the Common- wealth are by an Imperial Statute to be in force on vessels whose first port of clearance and whose port of destination are in the Commonwealth, it would appear that under an [mperial Act they are in force even in New Zealand waters in the case of Huddart, Parker & Company's steamers. The question would arise then, whether the power given under s. 736 of the Imperial Merchant Shipping Act, 1894, is sufficiently extensive to enable the New Zealand Parliament to repeal a legislative provision, dealing indirectly with merchant shipping, which would otherwise apply to vessels which fall under s. 5 of the Commonwealth of Australia Constitution Act. It seems hard to believe that such a power exists, and the New Zealand law can therefore only be reconciled with s. 5 of the Commonwealth Constitution Act on the reasoning adopted by Chapman J., viz. that the right given was quite a new one, and had nothing to do with the original right of the seaman to his wages. But this could be avoided in future by the Commonwealth providing that no addition to wages should be made while outside Australia on any ground. But on whatever grounds the decision can be based it is perfectly clear that much confusion will inevitably arise in shipping matters unless some agreement can be come to between the various parts of the Empire as to uniformity of legislation. The result of this judgement is that the owners of vessels which engage in the coasting trade of New Zealand, although they pay rates of wages fixed by the arbitration award in Australia, are nevertheless bound to pay extra wages in cases in which the coastal rates prevalent in New Zealand exceed the rates which are prevalent in the Australian trade ; 1 63 & 64 Vict. ¢. 12.

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