LIGHTHOUSES, LIGHTSHIPS, BEACONS, BUOYS
EXTENT OF COMMONWEALTH POWER
CONSTITUTION, ss. 51 (i), (vii), 69
In view of the possibility of discussion on the subject at the approaching conference it is open to enquiry where the line is to be drawn between Commonwealth and State.
The power of the Commonwealth to deal with or legislate upon these subjects is conferred by section 51, sub-section (vii) and section 69 of the Constitution and is wide enough in my opinion to extend to all lighthouses, lightships, beacons and buoys including harbour and river lights and certainly all that in any way aid or affect or are necessary or incidental to trade and commerce. The express power to deal with lighthouses etc. is to be read and interpreted by reference to the powers as to trade and commerce.
[Vol. 4, p. 491]