The Privileges of Parliament.

The privileges of Parliament are by section 49 of the Constitution, similar to those of the House of Commons until otherwise declared by Federal Statute law. The only privilege legislation so far passed is the Parliament Papers Act 1908 which provides that no action or proceeding, civil or criminal, shall lie against any person for publishing any document published under the authority of the Senate or the House of Representatives.

(3) ORGANIZATION OF THE JUDICIAL POWER.

The judicial power of the Commonwealth is by the Constitution vested in the High Court, but, by Federal legislation, a Chief Justice and Justices have been appointed and original and appellate jurisdiction has been more fully defined and elaborated. Federal jurisdiction has been conferred on the several Courts of the States subject to the right of appeal to the High Court. The High Court has been given exclusive and final jurisdiction in all questions arising as to the limits inter se of the Constitutional powers of the Commonwealth and those of the States and any case involving such an issue upon being instituted in a State Court can be at once removed to the High Court.

Judiciary Act, No. 6 of 1903, section 4, made provision for the appointment of a Chief Justice and two Justices and the following became the first Judges of the High Court, viz., The Right Hon. Sir SAMUEL WALKER GRIFFITH, G.C.M.G., P.C., to be Chief Justice; the Right Hon. Sir EDMUND BARTON, G.C.M.G., P.C. and the Hon. RICHARD E. O'CONNOR, to be Justices of the High Court. By the Act, No. 5 of 1906, the number of Justices was increased to four, and the Hon. ISAAC A. ISAACS and the Hon. HENRY B, HIGGINS were appointed to fill the vacant places. By the Act. No. 31 of 1912, the number of Justices was increased to six and the Hon. F. G. DUFFY and the Hon. CHARLES POWERS were appointed Mr. Justice O'CONNOR died in November 1912 and the Hon. GEORGE EDWARD RICH was appointed to succeed him in April 1913.

Incidental to the judicial power of the Commonwealth, legislation has been passed under the name of The High Court Procedure Act 1903-15 and the Evidence Act 1905.

Legislation in aid of the judicial power reserved to the States is embodied in the Service and Execution of Process Act 1901-12

which affords valuable facilities for the enforcement of civil judgments, the services of writs and summonses in civil cases and the execution of warrants for apprehension in criminal cases at the instance of litigants in one State against debtors and wrong-doers residing in or taking refuge in another State. The State Laws and Records Recognition Act 1901 is a fitting accompaniment to the principal measure.

PART II.

GENERAL LEGISLATION.

Trade and Commerce.

The trade and commerce power vested in the Federal Parliament is probably the widest, most comprehensive and far-reaching of all the several distinct grants of legislative authority contained in the Constitution. It must not be confused with the taxing power but even without the special taxing power conferred, it could under the commerce power have imposed duties of Customs in the importation of goods. As illustrations of the immense sweep and range of the commerce power the following Federal Acts may be mentioned which owe their origin and legality to this grant of power.

The Sea Carriage of Goods Act 1904 gave legal remedy to the owners and shippers of goods which, whilst being conveyed in ships engaged in the inter-state or external trade have been lost or damaged through unseaworthiness of such ships or through negligence in their navigation.

The Secret Commissions Act 1905, makes it a punishable offence for agents of a principal engaged in inter-state or external trade (1) to accept any secret commission, gift, consideration or reward for anything done or forbearance observed in relating to his principal's affairs or (2) to buy from or sell to himself any goods for or on behalf of his principal without the knowledge or consent of his principal.

The Commerce (Trade Description) Act 1905, provides for the inspection of imports and exports, and for the promulgation of regulations prohibiting the importation into or the exportation

from the Commonwealth of specified goods unless there be applied to those goods in a prescribed manner a trade description of such a character and relating to such matters as may be prescribed.

The Seamen's Compensation Act 1911 is a striking example of the elasticity and all comprehensiveness of the commerce and navigation powers. It gives persons employed on board ships engaged in the inter-state or external trade a right against the owners to recover compensation for personal injuries sustained by accident in the course of their employment with or without proof of negligence.

The main provisions of the Australian Industries Preservation Act 1906-10, prohibit and penalise contracts, trusts and combines, in restraint of inter-state or external trade; they derive their validity from the Federal control over inter-State and external

commerce.

The Inter-State Commission Act 1912 has been passed partly by the authority conferred by the Constitution, section 101 and partly in the exercise of the commerce power section 51 (1.). The principal duties of the Commission are to execute and maintain within the Commonwealth the provisions of the Constitution relating to trade and commerce and of all laws made thereunder.

External Affairs and Relations.

In the exercise of power conferred by the Constitution, section 51, sub-section XXX. External Affairs," and sub-section xxx. · Relations of the Commonwealth with the islands of the Pacific," three Acts have been passed of great importance, significant of Commonwealth influence expansion and representation abroad having in some respects extra-territorial operation.

The Extradition Act 1903, provides for the surrender to foreign countries of fugitive criminals found and arrested in the Commonwealth for crimes committed in such foreign countries and for the requisition by the Commonwealth for the surrender to the Commonwealth of fugitive criminals accused of crimes committed in the Commonwealth and arrested in other countries.

The Pacific Islands Labourers Act 1901-06 made laws for the restriction and prohibition of the introduction of labourers from the Pacific Islands into Australia. It gave the Minister power subject

to exceptions defined in the Act of 1906 to order the deportation and return to the Islands of any native inhabitant of such Islands found in Australia after the 31st December 1906.

The High Commissioner Act 1909 authorized the appointment of a representative and agent of the Commonwealth in the United Kingdom to perform such duties as may be assigned to him by the Governor-General. The Right Hon. Sir GEORGE REID was appointed the first High Commissioner and in October 1915 he was succeeded by the Right Hon. ANDREW FISHER.

Postal, Telegraphic and Telephonic Service.

The Post and Telegraph Act 1901-12 made laws for the conduct of the Postal, Telegraphic and Telephonic Services. The Postal and Telegraph Rates Act of the 1st November 1902 and the Postal Rates Act of 1912 established uniformity throughout the Commonwealth in the rates charged (1) for the transmission of newspapers by post; (2) for the transmission of messages by telegraph; and (3) for the transmission of letters, cards, parcels, and books, by post.

The Wireless Telegraphy Act 1905 gave to the PostmasterGeneral the exclusive privilege of establishing and maintaining stations and appliances for the purposes of transmitting and receiving messages by wireless telegraphy.

The Telegraphic Act 1909 enabled the Governor-General in case of emergency to authorize any officer of the Commonwealth to assume possession of and take control of any submarine cable or any wireless telegraph or any telephone within the Commonwealth.

The Pacific Cable Act 1911 gave authority to the Pacific Cable Board to construct and work a submarine cable between Doubtless Bay, New Zealand and Australia.

Naval and Military Defence.

The Federal system of defence by land and by sea and the command thereof, its organization and discipline, compulsory military training drill and service is elaborated in the Defence Act 1903-15; Naval Defence Act 1910-12. The land forces have been unified, systematized and strengthened. In the first Defence Act 1903, the command of the Military Forces of the Commonwealth was entrusted to the General Officer Commanding and that of the

naval forces to the Naval Officer Commanding. By later legislation these commanders were dispensed with and the GovernorGeneral has constituted a Council of Defence and a Board of Administration for the military forces called the Military Board and a Board of Administration for the naval force called the Naval Board, having such functions as are prescribed by regulation. In time of war the Governor-General may place the defence force or any part thereof under the orders of the Commander of any portion of the King's regular forces or the King's regular naval forces as the case may be. There is also an Inspector-General for the military forces and a Director of the naval forces: Defence Act 19031912, sections 8 and 28. Whenever the Commonwealth naval forces are acting with the King's naval forces the forces so acting together are deemed to be one force and are to be in the command of the Senior Naval Officer present acting in command: Naval Defence Act 1911, section 3.

The Naval Agreement and Subsidy Act 1903 providing a 'contribution of £200,000 per year towards the British Fleet has been superseded by the assumption of direct responsibilities for and direct control over naval defence in Australian waters and the establishment of a Royal Australian Navy under the name of a Fleet Unit.

In addition to the ordinary powers conferred on the Government under the Defence Act 1903-17 extraordinary war powers have been granted by the following Acts, viz. :—

War Precautions Act 1914-15.

Trading with the Enemy Act 1914-16.

War Loan Act 1914-17.

Enemy Contracts Annullment Act 1915.

War Census Act 1915-16.

Australian Soldiers' Repatriation Fund Act 1916.

Unlawful Association Act 1916-17.

War-Time Profits Act 1917.

Australian Soldiers' Repatriation Act 1917

War Pensions Act 1914-1916.

Wheat Storage Act 1917.

Coinage, Currency and Legal Tender.

The Commonwealth has, so far, taken no action to assume the control of the coinage of gold which at present is being carried on

L. P.

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