DISABILITY OR DISCRIMINATION
WHETHER GRANT BY STATE OF PILOTAGE EXEMPTION CERTIFICATE TO MASTER OF SHIP REGISTERED AND OWNED IN THAT STATE AMOUNTS TO
CONSTITUTION, ss. 92, 117 : MARINE ACT 1890 (VlC.).ss.80, 81
The Minister for Trade and Customs asks to be advised whether the papers disclose any unconstitutional practice on the part of the Victorian authorities.
The Victorian Marine Act 1890 provides (sections 80, 81) that pilotage exemption certificates may be granted to-
NAVIGATION AND SHIPPING
SCOPE OF COMMONWEALTH POWER
CONSTITUTION, ss. 51 (i), (xxxix), 76.98
Assuming, as a possibility, that, on the true construction of section 98 of the Constitution, the power of the Parliament to make laws as to 'navigation and shipping' is limited by the words 'with other countries, and among the States' in section 51 (i).
ACCOUNTANTS
WHETHER COMMONWEALTH HAS POWER TO INCORPORATE INSTITUTE OF ACCOUNTANTS
CONSTITUTION, s. 51 (xiiij, (xivj, (xvii). (xxj. (xxxix)
In July 1908 a petition from Messrs T. Brentnall, N. Yarwood, and J. E. Thomas, praying that His Majesty might be pleased to grant a Royal Charter to the Aus-tralasian Corporation of Public Accountants, was forwarded through the Governor-General to the Secretary of State.
The petition alleged that:
ACQUISITION OF LAND
NATURE AND EFFECT OF POWER : CRITERIA FOR ACCEPTABLE RESERVATIONS IN TRANSFERS BY AGREEMENT
CONSTITUTION, s. 51 (xxxi) : LANDS ACQUISITION ACT 1906
These papers deal with the question of reservations in Crown Grants in cases where land is acquired by the Commonwealth under the Lands Acquisition Act 1906.
In an opinion of 18 March 1907(1) the Attorney-General expressed the following views:
TREATIES
CRITERIA FOR ADHERENCE IN RESPECT OF PARTICULAR STATES . WHETHER COMMONWEALTH HAS POWER TO ENFORCE COMPLIANCE WITH TREATY OBLIGATIONS
CONSTITUTION s. 51 (xxix)
These papers were referred for a further memorandum*'> summarising the position and illustrating it by reference to different treaties.
PROCEDURE FOR ADHERENCE
The Imperial Government will only notify adherence-whether for a part or the whole of Australia-at the request of the Commonwealth Government.
ADHERENCE AS TO PARTICULAR STATES
INTERNATIONAL RESPONSIBILITY
WHETHER COUNTRY IS RESPONSIBLE FOR SAFETY OF FOREIGN SUBJECTS WITHIN ITS BORDERS
The Minister for External Affairs asks to be advised whether in international law there is any ground for a claim against the French Government in this case.(1)
WAGE FIXING
EXTENT OF COMMONWEALTH POWER
CONSTITUTION, s. 51 (i), (xxxv), (xxxix)
It appears that the Commonwealth Parliament has no power to deal with the wages paid by Australian manufacturers-except incidentally to the prevention or settlement of an industrial dispute extending beyond a State.
Apparently, the only available control that the Parliament can exercise is over sale by the manufacturer to persons in another State-e.g. by regulating the sale price. But though it might be possible in this way to bring pressure on the manufacturer, it is by no means clear that the desired result could be effected.
QUARANTLNE
SCOPE OF COMMONWEALTH POWER : EXTENT OF INCONSISTENCY BETWEEN COMMONWEALTH AND STATE LAWS
CONSTITUTION, ss. 51 (ix), 108, 109 : QUARANTINE ACT 1908, ss. 12, 13, 18, 31, 32, 34, 35, 87
The Comptroller-General of Customs in a memorandum asks a number of questions relating to the scope of the Quarantine Act and its relation to the laws of the States.
The questions asked, and my observations in answer to them, are as follows:
Question 1:
As some doubts have been expressed in regard to the exact scope of the Quarantine Act in regard to dealing with quarantinable diseases which originate in a State, it is requested that this Department may be favoured with an opinion on the following points:
JOINT ELECTORAL ROLLS
WHETHER GOVERNOR-GENERAL AND STATE GOVERNOR HAVE POWER TO MAKE REGULATIONS JOINTLY : CONSIDERATION OF ARRANGEMENTS TO BE MADE
COMMONWEALTH ELECTORAL ACTS 1902-1906, s. 30 : ELECTORAL ACT 1907 (TAS.), s. 20
I have carefully perused the opinion of Mr Dobbie, Solicitor-General of the State of Tasmania, and considered the objections which he raises to the proposed joint proclamation and joint regulations.
Mr Dobbie's grounds of objection are, shortly:
MURRAY RIVER WATERS
EFFECT ON COMMONWEALTH OF AGREEMENT BETWEEN STATES : WHETHER COMMONWEALTH HAS POWER TO CONTROL OR REGULATE INLAND NAVIGATION : SCOPE OF STATE POWERS WITH RESPECT TO RIVERS
CONSTITUTION, ss. 92, 98
In view of Mr Attorney-General Isaacs' advising of 8 October 1906(1), these papers are now before me for advice as to whether the Bills before the Parliaments of New South Wales, Victoria, and South Australia, for ratifying the Murray River Waters Agreement(2), involve any infringement of the rights of the Commonwealth.