1280 ADMINISTRATION AND LEGISLATION [parTvV 
certain vessels of Queensland, are still in force together 
with Orders in Council of the same dates under s. 6 
of the Act, authorizing the Admiralty to accept offers 
of the services of the Victorian ships and a Queensland 
gunboat, and an Order of August 7, 1900, authorizing the 
Admiralty to accept the offer of the Government of South 
Australia to place the Protector at Her Majesty’s disposal! 
But it is very doubtful whether since the Defence Act of 
1903 of the Commonwealth, which certainly does not con- 
template the continuance of these Orders in Council, the 
virtual repeal of the State Acts, and the cesser of the 
power of the State Governments which were a necessary 
part of the Order in Council, the Orders in Council have any 
validity. But, however that may be, it is clear that all the 
forces of the Commonwealth except the vessels expressly 
referred to are beyond doubt or question solely within the 
control of the Commonwealth Government.2 The difference 
between two classes of vessels of war is pointed out clearly 
in the Navigation Bill of the Commonwealth of Australia, 
which distinguishes, in s. 2, between the King’s navy and the 
navy of the Commonwealth. It may well be that in law, 
whether under the general power in s. 51 (vi) of the Constitu- 
tion, or under s. 5 of the Constitution Act, the Federal 
Parliament has already power to enforce its regulations on 
board its own vessels wherever in the world they may be. It 
would not, of course, have power to enforce these regulations 
on its naval forces while on land outside the Commonwealth ; 
if it were necessary to obtain that power an Imperial Act 
would be required. But although the Commonwealth might 
have power so to legislate, it would be obvious that if men 
were to be interchanged, as was contemplated by Mr. Deakin, 
with the Imperial Government, it would be necessary for 
This was in connexion with the war in China. These orders are really 
spent as they were only for a brief period : but the Order of December 30. 
1884, which is still possibly valid. is omitted. 
* The vessels affected by these Orders never did include even the larger 
part (though probably they did once include the more useful part) of the 
Australian Colonial naval forces. In 1810 of fourteen vessels in use four 
only were covered by the Orders, and the ocean-going Parramatta and 
Yarra sre not included.