R v Turner; Ex parte Marine Board of Hobart [1927] HCA 15

OF AUSTRALIA. 411

[HIGH COURT OF AUSTRALIA.) THE KING

AGAINST

TURNER (As constirurine a COMMONWEALTH COURT OF MARINE INQUIRY ar HOBART);

Ex parte THE MARINE BOARD OF HOBART.

THE STATE OF TASMANIA AND ANOTHER Prarntirrs;

AGAINST.

| 'THE COMMONWEALTH AND ANOTHER. © Derenpants. i

Constitutional Law—Powers of Commonwealth and State—Powers of the Parliament i Goan of the Commonwealth—Navigation and shipping—Court of Marine Inquiry—

1927, Casualty in navigable river of State—Collision between ships not engaged in is foreign or inter-State trade or commerce—Waters used by such ships—Prohibition Mieka —Iudicial power—The Constitution (63 & 64 Vict. c. 12), secs. 51 (1), ep, 29.95,

(xxxrx.), 71, 72, 98—Merchant Shipping Act 1894 (57 & 58 Vict. c. 60), sec. 478—Navigation Act 1912-1925 (No. 4 of 1913—No. 8 of 1925), secs. 2, 356, SYPNEY, 364—Interpretation Act 1889 (52 & 53 Vict. c. 63), sec. 18—Marine Act 1921 April

(Tas.) (12 Geo. V. c. 60), sec. 125. Knox €.J.,

Isaacs, Higgins

A collision took place in the waters of the River Derwent between two Gavan Duty,

steamships owned and registered in Hobart and engaged solely in trading *™ Starke JJ. in the Port of Hobart and not then engaged in trade or commerce with other countries or amongst the States. The place at which the collision occurred was a short distance outside the course ordinarily used by ships engaged in such trade or commerce, but the two steamships had traversed part of that

course shortly before the collision took place.

Held, by Knox C.J., Gavan Duffy, Powers, Rich and Starke JJ. (Isaacs and Higgins JJ. dissenting), that a Court of Marine Inquiry established under the Navigation Act 1912-1925 had no jurisdiction to inquire into the collision :—

By Knox C.J., Gavan Duffy, Rich and Starke JJ., on the grounds (1) that the facts above stated did not indicate any relation between the casualty