High Court of Australia
a
a
38 CLR] OF AUSTRALIA. 441
(HIGH COURT OF AUSTRALIA.]
HUME . ry 2 " . . : . APPELLANT; DEFENDANT, AND PALMER He : . ' f : . ReEspoNnDENT. InrorMant,
ON APPEAL FROM A COURT OF PETTY SESSIONS OF NEW SOUTH WALES.
Shipping—State Collision Regulations—Validity—Inconsistency between Common- 14 ©. or A. wealth law and State law—Repugnancy between Commonwealth law and Imperial 196, law—The Constitution (63 & 64Vict. c. 12), secs. 51, 98, 106-109—Navigation Act = 1912-1920 (No. 4 of 1913—No. 1 of 1921), secs. 2, 115, 258, 395—Navigation Act Sypney, 1901 (W.S.1W.) (No, 60 of 1901), secs, 113, 115—Merchant Shipping Act 1894 (57 & Ang. 9, 10, 58 Vict. c, 60), secs, 418, 735, 736—Navigation (Collision) Regulations (Statutory 11; Dec 6. Rules 1923, No. 100), reg. 2; Sched., arts. 19, 30—Regulations of 3rd July 1911 Knox ca, for Preventing Collisions at Sea (N.8.W.), art, 19—Sea Regulations 1910 (Imp.), Hance. Hiseins,
arts, 19, 30—Colonial Laws Validity Act 1865 (28 & 29 Vict. c, 63), sec, 2— and Starke JJ.
Interpretation Act 1889 (52 & 53 Vict. ¢. 63), sec. 18.
High Court—Jurisdiction—Appeal from State Court exercising Federal jurisdiction— Prosecution wnder State law—Contention that State law inconsistent with Federal law—The Constitution (63 & 64 Vict, c. 12), secs. 73, 76, 109—Judiciary Act 1903-1920 (No. 6 of 1903—No. 38 of 1920), secs. 30, 39.
The master of a steamship registered in Australia and engaged in inter-State trade was charged before a Stipendiary Magistrate of New South Wales with a breach of the Navigation Act 1901 (N.S.W.), in that within the harbour of Port Jackson in New South Wales he contravened art. 19 of the Regulations for Preventing Collisions at Sea made under that Act. On the hearing the defendant contended that the proceedings should have been taken under the Common- wealth Navigation Act 1912-1920 and the Navigation (Collision) Regulations made thereunder, and that the Magistrate had no jurisdiction to hear the information because the relevant provisions of the Navigation Act 1901 (N.S.W.) VOL, XXXVIT 29
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