PROHIBITED EXPORTS
WHETHER STATE HAS POWER TO PROHIBIT EXPORTS IN WARTIME: INCONSISTENCY WITH COMMONWEALTH POWERS: WHETHER COMMISSION APPOINTED BY GOVERNOR-GENERAL CAN DELEGATE POWERS TO COMMISSION SET UP BY STATE
CUSTOMS ACT 1901, s. 112: CONTROL OF TRADE IN WAR TIME ACT (W.A.), s. 7
The Chairman of the Food Commission asks to be advised in regard to the following telegram received by the Prime Minister from the Premier of Western Australia:
Western Australia has already proclaimed wheat, flour, and meat as necessities to life and will not under any conditions permit wheat export. Prepared to grant permission of limited export to Britain and British possessions only, under Indemnity Clause of meat surplus. Object in milling wheat here is to ensure local supplies of mill offal for farmers and private employment. Permission has been granted to British ships for limited shipment of livestock to Java and Phillipines during the seasons. Suggest Federal Commission delegates its powers to Control of Trade Commission in this State.
Section 7 of the Control of Trade in War Time Act [1914] (W.A.) provides that:
No person shall . . . without the consent in writing of the Colonial Treasurer, export the necessaries of life to any place beyond the limits of the Commonwealth.
The Customs Act 1901-1910, section 112, empowers the Governor-General in Council to prohibit the exportation of certain categories of goods-of which the most general in its terms is 'goods . . . the exportation of which would, in his opinion, be harmful to the Commonwealth'.
The validity of the Western Australian section above quoted is extremely doubtful. Even assuming its validity, it can clearly be overridden at any time by Commonwealth legislation under the trade and commerce power.
As regards Mr Scaddan's suggestion that the Foodstuffs Commission appointed by the Governor-General (see Commonwealth Gazette, 1 September) should delegate its powers to the Control of Trade Commission in Western Australia, I am clearly of opinion that the Commonwealth Commission cannot delegate any of its powers. It is directed by the Governor-General to inquire and to report to the Governor-General.
[Vol. 13,p. 43]
- Date in Opinion Book incomplete.