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 Commonwealth
 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 Exchange
 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 provincial
 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 criminals
 (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 Commonwealth
 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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