area; (i) or declare that any vessel, persons, animals, plants, or goods in any quarantine area, or in any part of the Commonwealth in which any quarantinable disease, or any disease or pest affecting plants or animals, exists, shall be subject to quarantine.

The power of prohibition under this section shall extend to authorize prohibition generally or with limitations as to place and subject-matter, and either absolutely or subject to any specified conditions or restrictions.

The powers conferred on the Governor-General by this section, in relation to the matters specified in paragraphs (g), (h) and (i) of sub-section 1, so far as they relate to animals or plants or any disease affecting animals or plants shall, as regards a part of the Commonwealth being a State or part of a State, only be exercised in cases where the Governor-General is satisfied that the exercise of those powers is necessary for the purpose of preventing the spread of a disease or pest affecting animals or plants, beyond the boundaries of that State.

The following vessels are declared to be subject to quarantine ; Every oversea vessel until pratique has been granted or until she has been released from quarantine; every vessel (whether an Australian vessel or an overseas vessel) on board which any quarantinable disease or disease which there is reason to believe or suspect to be a quarantinable disease has broken out or been discovered (notwithstanding that pratique has been granted or that she has been released from quarantine); and every vessel which is ordered into quarantine by a quarantine officer.

The following persons shall be subject to quarantine :-Every person who is on board a vessel subject to quarantine, or who has been on board the vessel (being an oversea vessel) since her arrival in Australia; every person infected with a quarantinable disease and every person who has been in contact with or exposed to infection from any person or goods subject to quarantine.

The following goods shall be subject to quarantine :--All goods which are on board a vessel subject to quarantine, or which have been on board the vessel (being an oversea vessel) since her arrival in Australia; all goods infected with a quarantinable disease; and all goods which have been in contact with or exposed to infection from any person or goods subject to quarantine.

L. P.

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All vessels, persons, and goods subject to quarantine shall continue to be so subject from the time when they became subject to quarantine until they are released from quarantine or until pratique has been granted.

A quarantine officer may, by order in writing, order into quarantine any vessel, person, or goods (whether subject to quarantine or not), being or likely to be, in his opinion, infected with a quarantinable disease or a source of infection with a quarantinable disease.

Quarantine of Animals and Plants.

No person shall land any imported animals or plants in any port or place in Australia except a port declared by proclamation to be a port where the imported animals or plants may be landed.

No imported animals or plants, and no hay, straw, fodder, litter, fittings, clothing, utensils, appliances, or packages used on any vessel in connection with imported animals or plants shall, until released from quarantine, be moved, dealt with, or interfered with except by authority and in accordance with this Act and the regulations.

No imported animals or plants, and no hay, straw, fodder, litter, fittings, clothing, utensils, appliances or packages used on any vessel in connection with imported animals or plants shall be landed or removed from the vessel until a permit for their landing or removal from the vessel has been granted by a quarantine officer.

Expenses of Quarantine.

The master, owner and agent, of any vessel ordered into quarantine, or of any vessel from which any person is removed to perform quarantine, shall severally be responsible for the removal of the passengers and crew to the quarantine station; the care and maintenance of the passengers and crew while detained at the quarantine station; and the conveyance of the passengers from the quarantine station to their ports of destination; and the medical surveillance of persons released under quarantine surveillance, and shall supply, to the satisfaction of the Minister, all such service attendance, meals, and other things as are required for those purposes, including domestic and laundry service, medicines, medical comforts, nursing, and attendance for the sick.

The master, owner or agent, of the vessel may arrange with the Minister for the carrying out of any responsibility under this section and for the payment of the expenses thereof, but in any case the Minister take action if he thinks it necessary to do so, may and any expense incurred shall be paid by the master, owner, or agent, of the vessel to the Commonwealth.

A passenger shall not be liable to compensate the master, owner, or agent for any cost incurred by the master, owner, or agent under this section, and any contract or stipulation purporting to impose any such liability upon him shall to that extent be null and void.

The master, owner, or agent, of any vessel ordered into quarantine, or ordered to be cleaned, fumigated, disinfected, or treated, shall pay all costs incurred in the cleaning, fumigation, disinfection, or treatment, of the vessel, or of any goods or things taken from the vessel.

Before permitting any persons, goods, personal effects, or things to leave or be removed from a vessel ordered into quarantine, the quarantine officer may require the master, owner, or agent, of the vessel to give security to the satisfaction of the quarantine officer that all responsibilities under this Part of the master, owner, and agent of the vessel, in respect of those persons, goods, personal effects, or things shall be faithfully carried out.

The owners and agents of any vessel subject to quarantine shall pay to the Commonwealth all expenses incurred by it in providing persons, who were removed from the vessel in order to perform quarantine, with passages to their ports of destination.

Any person detained in quarantine, who is not one of the crew or passengers of a vessel ordered into quarantine, shall, if he is reasonably able so to do, and is thereunto required by the Minister, pay to the Commonwealth the cost of any food and medicines supplied to him and those dependent on him during their removal to, or detention in quarantine.

Quarantine generally.

"The prevention of disease is the essence of quarantine law. Such law is directed not only to the actually diseased, but to what has become exposed to disease" (1901) 181 U.S., at pp. 255-256.

Smith v. St. Louis, &c. Railway, To" quarantine" persons means

to keep them, when suspected of having contracted or been exposed to infectious disease, out of the community, or to confine them to a given place therein, and to prevent intercourse between them and the people generally of such community.

Land Quarantine.

Numerous State Acts in America apply the term quarantine to measures for the prevention of the spread of diseases within the State. Thus the Statutes of Alabama enable any town to establish a quarantine ground, and enable the local authorities, not only to prescribe quarantine to vessels and to persons and things on board, but also to compel any person coming into the town by land to perform quarantine: Code of 1876, sections 1507-12; Greensboro, v. Ehremeich, (1886) 60 Amer. Rep., 130. The Charter of the Town of Kosciusko (Miss.) empowers the municipal authorities to make quarantine regulations for the health of the town: Kosciusko v. Slomberg, (1891) 24 Amer. St. Rep, 281. The Constitution of Georgia, Art. 7, paragraph 6, empowers county officials to levy a tax for the performance of quarantine"; Daniel v. Putnam County, 113 Georgia, 570. Inter-state quarantine lines for cattle were authorized by Texas: Rev. Stat. 1895, Art. 5043 (c); see Smith v. St. Louis, &c. Railway, 181 U.S., 248. Quarantine on land boundaries is also provided for by the United States Acts of 29th April 1878, ch. 66, and 19th June 1906, ch 3433. Note by Sir ROBERT GARRAN.

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Defects of Commonwealth Law.

The legislative power of the Commonwealth Parliament with respect to the subject matter of Quarantine is not, by the Constitution, limited in its definition as a matter of substance, nor is it restricted in its area of operation. The power is not broken by State boundaries. It covers all possible quarantine jurisdiction throughout the length and breadth of Australia from ocean to ocean. The Constitution treats the power as one and indivisible; vested in the Commonwealth as plenary in grant as such power could be exercised by the British Parliament.

Now for the definition of Quarantine. It means that legislative power, as understood in all English-speaking communities, upon the establishment of the Commonwealth in 1901. Parliament cannot enlarge the definition nor the grant as so understood. The interpretation placed by the Commonwealth Parliament on the term

quarantine as given in the Act of 1908, amended by the Act of 19121915, is measures for the inspection, exclusion, detention, observation, segregation, isolation, protection, treatment, sanitary regulation, and disinfection of vessels, persons, goods, things, animals or plants, and having as their object the prevention of the introduction or spread of diseases or pests affecting man, animals or plants"

In exercising its legislative power in the Acts of 1908, of 1912, and of 1915, Parliament has taken less than the whole power contained in the Constitution and even less than its own definition of its power in its own Act. It has taken over only part of the power and left the balance to the States The subject of quarantine has not been federalized as it ought to have been done Parliament does

not occupy the whole possible field of quarantine legislation. Parliament, possibly yielding to the tender susceptibilities of the States did not desire to interfere with the health laws and regulations of the States. On a subject of such vital and national importance it has only lgeislated in a half-hearted manner without adequate regard as to the requirements of the situation. For the recent failure and break-down of federal quarantine laws (January and February, 1919) experienced in the first great trial of strength and efficiency, the Constitution itself is not to blame. If anyone is to blame, it is the Federal Parliament and its advisers, and in a secondary degree the State Governments and their advisers for their limited vision and short-sighted policy in not completely federalizing the power.

The quarantine laws of the Commonwealth, as contained in the above recited Acts, limits the Federal authority

1. To vessels, persons and goods imported into Australia from beyond the seas and to limited proclaimed areas within Australia.

2. To animals and plants within Australia declared by proclamation to be the subject of quarantine.

Under this limited legislation the Commonwealth Government has no effective authority to proclaim a State a quarantine area and to exercise sovereign power therein. For the limited purpose of quarantine control over animals and plants the power may be considered to be federalized and the Commonwealth can occupy the whole field of jurisdiction to the exclusion of the States, but with respect to persons and other goods, not being animals and plants,