Commonwealth and the Central Wool Committee v Colonial Combing, Spinning and Weaving Company Limited [1922] HCA 62

Appl fa a ae ite F Y Pol, Re; Bina, Re; Bis. ae ye Catt Fete seas Expert soy. Torney (1999

Nae Torney (1999) 25 FainLR 431

Cons Blunden y

faerie

ecb.) ""~* OF AUSTRALIA. 421

{HIGH COURT OF AUSTRALIA.)

THE COMMONWEALTH AND THE CENTRAL ) , : PR UNCOMMIUUTIM Mss) te" ef td. opi MAINTENES 3

AGAINST

Drrenpant.

THE COLONIAL COMBING, SPINNING AND | WEAVING COMPANY LIMITED ik

Constitutional Law—Powers of Commonwealth Government—Bxecutive power— Power to contract—Granting of licence—Consent to sell wool tops—Taxation— Consideration—Appropriation of public revenue—Authority under statute of 1G. op A Commonwealth Parliament—Responsibility of Ministers to Parliament—Com- 1999 monwealth of Australia Constitution Act (63 & 64 Vict. c. 12), see. V.—The Constitution, secs. 2, 53, 55, 61, 64, 81—War Precautions Act 1914-1916 (No. Metnourne, 10 of 1914—No. 3 of 1916), sec. 4—War Precautions (Wool) Regulations 1916 ¢ 10-12; (Statutory Rules 1916, No. 3: reg. 10—Bill of Rights (1 W. & M., sess. 2, Nov. 8-10. 2).

Sypy

During the continuance of the War and after the making of the War Pre- Dec. 13, cautions (Wool) Regulations 1916 and the War Precautions (Sheepskins) Regu: Pome. nox C.J, lations 1916 the Executive Government of the Commonwealth entered into Isaacs, Higgins, Gavan Duffy, agreements with a company, which was engaged in the manufacture within. Powers and the Commonwealth and the sale of wool tops, each of which agreements was ise either an agreement to give consent to a sale of wool tops by the company in Myrpourne, return for a share of the profits of the transaction (which was called hy the Qe, 12-13,

parties a " licence fee"), or an agreement that the business of manufacturing 16-20,

wool tops should be carried on by the company as agent for the Commonwealth

= A 'i ri Sypn in consideration of the company receiving an annual sum from the Common-