Full text: Responsible government in the Dominions (Vol. 2)

818 THE FEDERATIONS AND THE UNION [PART IV 
of 1910 placed the lower limit at £5,000 in order to give 
a sphere of action to the states, the question of astronomical 
and meteorological observations (viii), legislation as to census 
and statistics (xi), legislation as to foreign corporations, and 
trading or financial corporations, formed within the limits 
of the Commonwealth (xx), and invalid and old age pensions 
(xxiii) ;1 while in some cases, namely those mentioned in 
subsections xxxiii, xxxiv, xxxvii, and xxxviii, legislation 
by the state is necessary to give effect to the Common- 
wealth legislation. On some of the other matters legislation 
by the Commonwealth must in effect supersede all state 
legislation, as for example, in the case of bills of exchange 
and promissory notes (xvi), copyright, patents, and trade 
marks (xviii),2 and naturalization (xix) ; in each of these cases 
and in the case of currency (xii) the Commonwealth laws? 
have occupied the whole field, and State Acts could have no 
effect because their provisions would be overridden unders. 109 
of the Constitution. Asa matter of fact, the Naturalization Act, 
1903 (s. 18), the Patents Act, 1903 (s. 8), the Trade-Marks 
Act, 1905 (s. 8), the Copyright Act, 1905 (s. 8), the Bills of Ex- 
change Act, 1909 (s.7),and the Marine Insurance Act, 1909 (s.5), 
all contain clauses providing that the State Acts shall cease to 
apply—a phrase adopted in view of the rule laid down by the 
Privy Council in the case of Canada, that no repeal of a pro- 
vincial law by the Dominion is possible. On other questions 
legislation may exist concurrently ; for example, in the case 
of immigration and emigration (xxvii) and the influx of crimi- 
nals (xxviii), Tasmania already, in 1909, has found it necessary 
to pass an Immigration Act which aims at preventing the entry 
! But in fact the staies will only in a few cases supplement the Common- 
wealth pensions, and as a whole the old-age pensions Acts have ceased to 
Ye operative. 
i But, as will be seen below, a state alone can create a new species of 
industrial property not properly included under this caption according to 
the fair interpretation of the term. 
* See Bills of Exchange Act, 1009; Copyright Act, 1905; Patents Act, 
1903-9; T'rade-Marks Act, 1905; Designs Act, 1906; Coinage Act, 1909; 
Naturalization Act, 1903; Life Assurance Comvantes Act, 1905; Marine 
Insurance Act, 1909.
	        
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