Opinion Number. 1214

Subject

NAVIGATION AND SHIPPING
EXTENSION OF PROVISIONS OF IMPERIAL ACT TO COMMONWEALTH: WHETHER COMMONWEALTH PARLIAMENT HAS POWER TO AMEND IMPERIAL LAWS

Key Legislation

MERCHANT SHIPPING ACT 1894 (IMP.), Parts I, VIII: MERCHANT SHIPPING ACT 1921 (IMP.), ss. 1, 2

Date
Client
The Comptroller-General of Customs

I am in receipt of your memorandum of 5 December 1921 requesting to be supplied with a draft of a Bill to provide for the application to the Commonwealth of the provisions of the Merchant Shipping Act 1921.

The first section of that Act provides an extended interpretation of the word 'ship' as used in Parts I and VIII of the Act of 1894 so as to include every description of lighter barge or like vessel used in navigation in Great Britain however propelled.

Parts I and VIII deal respectively with registration of ships and liability of owner for loss or injury to passengers or loss or damage of goods. Those Parts are by the British Act of 1894 declared to apply to all British possessions, consequently provisions on the subjects mentioned are not included in the Navigation Act of the Commonwealth.

In my opinion it is not competent for the Commonwealth to pass legislation applying section 1 of the Imperial Act of 1921 to the Commonwealth. Such a measure would amount to an amendment of the British law on the subject of registration of ships and liability of shipowners.

Section 2 of the Act in question makes no reference to Parts I and VIII and I do not see the same objection to the incorporation of a similar provision in the Commonwealth Act.

The validity of such a measure could be supported in cases where the lighter is used in navigation inter-State and in cases where her condition is a menace to interstate and foreign shipping.

I shall be glad to receive your further instructions as to the preparation of a Bill to cover this and any other amendments of the Navigation Act which may be considered desirable.

[Vol. 18, p. 366]

  1. In the Opinion Book this opinion is initialled 'G.S.K.' (George Shaw Knowles, Assistant Secretary,Attorney-General's Department).