AUSTRALIAN LAW.

New Zealand Herald, Volume XXXVIII, Issue 11822, 27 November 1901, Page 4

AUSTRALIAN LAW.

Among various clauses in .the Australian Inter-State Commerce Act which were vigorously opposed by the shipping companies during its passage is one which compels vessels to pay Customs-duty on all goods consumed aboard after entering an Australian port until final departure from the coast. This means a very considerable amount to great ocean liners which touch first at Fremantle or Albany, proceed to Sydney and touch again in West Australia on the Homeward run. It- also means the same very considerable amount to the Federal

Government, which has been driven to use every device in the collection of the large revenue it will require. The shipping companies, failing to modify the Bill in its passage, are now testing the legality of the Act, which proceedings open up a deeply interesting and far-reaching question. A vessel steamed out of Sydney, broke the Federal Customhouse seals on the high sea and steamed 'into Melbourne after using from her stores at her discretion. A writ has now been issued by the Federal Minister for Customs, claiming penalty for this breaking of bond. The case will doubtless be carried through to the highest Court and here again a curious question may arise. Under the Commonwealth Constitution the Federal Courts are supreme where Imperial concerns are not a&cted, and it remains to be seen whether the Federal authorities will consent to this highseas question being treated as other than a local one. This is an instance of the necessity for > an Imperial Appellate Court, which was designed by Mr. Chamberlain when judicial independence was granted to Australia, but which is riot favoured by any colony but Australia. All others are satisfied with the present appeal to Caesar. It will be unfortunate if this case should prove the commencement of divergence in law between various parts of our common Empire.