CO885-(16-18) — Page 17

1878

No. 197.

(QUEENSLAND.)

COLONIAL OFFICE to LAW OFFICERS.

[Validity of "The Meat Supply for Imperial Uses Act, No. 2, 1914."]

GENTLEMEN,

Downing Street,

19 January, 1916. I AM directed by Mr. Secretary Bonar Law to submit to you a point which has arisen in regard to the validity of "The Meat Supply for Imperial Uses Act of 1914" of the Queensland Parliament, which was passed last

of for the year

purpose acquiring all stock and meat in Queensland for the use of His Majesty's Government. 2. A copy of this Act and a letter from the Agent-General for Queensland (with enclosures) are enclosed, together with a copy of the Commonwealth of Australia Constitution Act. It will be observed that the Queensland Government are threatened with suits at law for action taken under Section 7 of the Meat Act in not permitting the export of meat to certain Australian companies outside Queens- land; it being argued that this section is ultra rires by reason of Section 92 of the Commonwealth Constitution, which provides that trade among the States shall be absolutely free.

3. In this connexion I am to observe that a somewhat similar Act of the New South Wales Parliament, the "Wheat Acquisition Act, 1914," of which a copy is enclosed, has already been the subject of discussion in the Courts and I am to enclose a copy of a judgment of the High Court of Australia declaring that that Act was a valid exercise of the legislative powers of the State. It will be observed that the effect of Section 92 of the Commonwealth Constitution was specially considered by the Court in this connexion.

4. In view of this judgment it would appear improbable that the plaintiff companies will be successful in their actions against the Queensland Government : but Mr. Bonar Law thinks it desirable, in order to be prepared for their possible success, to consider in what manner the Queensland Act, if ultra vires, or action purporting to have been taken in pursuance thereof, can be validated.

(a) an Imperial

5. The various methods which may have to be considered are: Act validating the measure (as suggested by the Queensland Government), or a Commonwealth Act of a similar character; (b) a Commonwealth Act dealing with the question as a Federal matter for the future and validating past action taken under the State Act (assuming the Commonwealth Government to be willing to pass such legislation). It is suggested that a Commonwealth Act might be passed to validate past action taken under the Queensland Act without purporting to validate the latter Act itself so as to make it effective in future-the future supply of meat being regulated by the Commonwealth Act so passed, unless such an Act would, no less than Queensland Act 2 of 1914, be ultra vires by reason of Section 92 of the Constitution. The validating of the Queensland Act itself might be held to be an amendment, though one of only a temporary nature, of the Commonwealth Constitu- tion, which cannot be altered by the Imperial Parliament and can only be altered by the Commonwealth Parliament according to the procedure laid down in Section 128 of the Constitution.

A simple validating Act passed by the Commonwealth Parliament without that procedure being observed might, therefore, be open to the same objection as an Act passed by the Imperial Parliament validating the Queensland Act.

On the other hand, to carry out the procedure laid down in Section 128 might, in connexion with the present question, provoke controversy, and would, in any case, necessitate considerable delay. (c) The Agent-General for Queensland has made a verbal suggestion (referred to in the 3rd paragraph of his letter) that, if Victoria passed an Act similar to that of Queensland, it would prevent the meat companies in that State from taking action. Mr. Bonar Law imagines, however, that it would still be open to them to raise the question of the validity of the Queensland (or Victoria) Act.

(7311-3.) Wt. 20-1020, 25. 16. D&S G 1.

PUBLIC RECORD OFFICE

Reference -

TLC.O.885

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16 PUBLIC RECORD OFFICE, LONDON

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