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

1210 ADMINISTRATION AND LEGISLATION [PART V exceed the amount provided for by the Australian Arbitration award. The Court did not express any opinion as to whether this would be legal or not. In the case of the Commonwealth of Australia it has been recognized that this is a great difficulty, and it is attempted to dispose of it by a section which reads as follows :— (1) No provision in any agreement, whether made in or out of Australia, shall be taken to limit or prejudice the rights of any seaman under this part of this Act. (2) Where, by reason of a seaman’s being entitled to a higher rate of wages while the ship on which he serves is engaged in the coasting trade— (a) any deduction is made from his wages earned out of Australia ; or (b) he is paid a lesser rate of wages outside Australia than is usual in voyages of a similar nature,—it shall be deemed that the seaman is not paid wages in accordance with this part of this Act while the ship is so engaged in the coasting ‘rade. Exactly to what extent this section will be upheld in the Courts it is difficult to say. The analogy of the Peninsular and Oriental Steam Navigation Company v. Kingston has been quoted by the Government of the Commonwealth as justifying legislation of this character. The cases are analogous, but not precisely the same, and it is uncertain to what extent the Privy Council would follow their previous judgement if the matter came before them in a concrete instance. The practical difficulty involved is the danger of the coasting trade of any Colony being appropriated by ships, the seamen on which are paid less wages than those which are paid in the coasting trade of the Dominion in question. But it would seem possible by agreement, at any rate between two such neighbouring Dominions as the Commonwealth and New Zealand, to obviate legislative interference with the ships of either Dominion. It does not appear probable that the extension of the powers of Dominion Legislatures would by any means result [1903] A. C, 471.

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