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

CHAP. Xx] MILITARY AND NAVAL DEFENCE 1279 the power of the Commonwealth extended by s. 51 (vi) of the Constitution to legislate for naval defence, and it could not be urged successfully that this legislation was meant to apply solely within the limits of territorial waters. Moreover, it was clear that s. 10 of the Colonial Naval Defence Act, 1865, supported the view that there was no Imperial restriction on Colonial legislation in this regard other than such restric- tion as might be inherent in all Colonial legislation. More- over, the Commonwealth Constitution Act, s. 5, expressly authorized the application of the laws of the Commonwealth to all vessels, the Queen’s ships of war excepted, whose first port of clearance and port of destination were in the Commonwealth. That section had authoritatively been interpreted ! by the High Court of the Commonwealth to apply to cases of such voyages to whatever part of the world they extended, and in particular if they extended to the Western Pacific, India, or similar regions, and therefore apparently the laws of the Commonwealth would be in force on Commonwealth Government vessels. There was, how- ever, an obvious difficulty in the exception of the Queen’s ships of war, but it was clearly doubtful whether this could be considered as intended to apply to naval forces raised by the Commonwealth Government. Moreover, it was clear that there had always been a distinction between the two sets of laws. The naval vessels of the Commonwealth since the Defence Act, No. 20 of 1903, had been raised and maintained under the Commonwealth law; the State Acts ceased to be in force; the State Governments had put only a part of their forces under the operation of the Colonial Naval Defence Act, and the agreement of 1887 expressly recognized the continued autonomous existence of the local fleets. It is true that, according to the indications of the Statutory Rules and Orders in force on December 31, 1906, the Orders in Council of March 4, 1884, and June 24, 1885, under the Act of 1865 authorizing the commissioning of three vessels of war of Victoria and authorizing the commissioning of " Merchant Service Guild of Australasia v. Archibald Currie d& Co. Pro- wrietary Lid., (1908) 5 C. L. R. 737 ; above, pp. 1197-9. AT 62

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