Full text: Responsible government in the Dominions (Vol. 3)

1320 ADMINISTRATION AND LEGISLATION [PART V 
of New Zealand in the case of the Wellington Cooks and 
Stewards’ Union. 
Again, by the Army Act, 1881,2 as amended from time to 
time, the Imperial forces throughout the Enipire are organized 
and controlled ; there are given by the Act certain definite 
powers to Colonial Legislatures to alter the provisions of 
the Act as to fines, &c., to suit local conditions, and the Courts 
of the Colonies are empowered to deal with certain matters 
under the Act, while the Legislature may provide for dealing 
with these matters if necessary. These provisions are, of 
course, to be entirely distinguished from provisions relative 
to the local forces, which are governed within the Colony 
by reason of their own local Acts, which, however, are given 
validity outside the Colony by s. 177 of the Army Act, which 
expressly provides that the Army Act shall apply to such 
forces even outside the Colony only when the local Act is 
silent. It has now, however, been arranged that the rule is 
to be that local legislation provides that when the troops of 
a Colony are acting outside the Colony with Imperial troops 
the Army Act shall apply ; but this is not extended to cover 
cases where the troops would be acting inside the Colony 
along with Imperial troops. This rule is embodied in Aus- 
tralian and New Zealand Defence Acts, No. 15 and 28 of 1909.3 
In the case of the navy the Colonial Defence Acts, 1865 and 
1909, allow the Crown to accept ships and men offered by 
Colonies and to use them for naval service. The Act of 1865 
gives power to apply the naval regulations to men serving on 
these vessels when they have been accepted for service. The 
Act has never been much used, for the local forces of the 
Australian Colonies were only in part ever raised or put under 
its provisions, and a domestic fleet was maintained under the 
ordinary power of the Colonies to legislate for peace, order, 
and good government. The Act itself disclaims any inter- 
ference with the general power of the Colonies, and the 
Dominions have full power to legislate on defence indepen- 
' 26 N. Z. L. R. 394. ® 44 & 45 Vict. c. 58. 
See Part V, chap. x; 9 Edw. VIL. c. 3,88. 8, 9. 
Parl, Pap., H. L. 125, 1884-5: 9 Edw. VIL c. 19.
	        
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