Opinion Number. 30

Subject

NAVIGATION AND SHIPPING
WHETHER FEDERAL PARLIAMENT HAS POWER TO LEGISLATE WITH RESPECT TO BILLS OF LADING

Author
Key Legislation

CONSTITUTION, ss. 51 (i), 98

Date
Client
The Minister for Trade and Customs

The Perth Chamber of Commerce has passed resolutions protesting against the form of bill of lading adopted by the interstate shipping owners and praying that Federal legislation be adopted by which it will be made illegal for ship-owners to contract themselves out of their liability as common carriers.

The Right Honourable the Minister for Trade and Customs asks me to advise whether the Commonwealth has any power to deal with the subject.

I am of opinion that the power to legislate as to 'trade and commerce with other countries, and among the States'-which includes 'navigation and shipping'- (sections 51 (i), 98) enables the Federal Parliament, if it thinks fit, to legislate as to the provisions of bills of lading used in interstate shipping.

[Vol. 1, p. 221 ]