High Court of Australia
H. C. or A. 1914. Sw
MELBOURNE,
Oct. 19.
Griffith 0.J., Isaacs and Powers JJ.
HIGH COURT
(HIGH COURT OF AUSTRALIA.]
CULLIS DEFENDANT,
AND
AHERN INFORMANT,
ON APPEAL FROM THE
VICTORIA.
Local Government—By-law—Validity—Inconsistency with Statute— Motor cycle— Rear light— Melbourne Corporation Act 1842 (N.S.W.) (6 Vict. No. 7), sec. 91*— Motor Car Act 1909 (No. 2237) (Vict.), secs. 2, 12, 15.*
'The Council of the City of Melbourne purporting to act under sec. 91 of the Act 6 Vict. No. 7 passed a by-law requiring all vehicles to carry a lighted
rear lamp between sunset and sunrise.
RESPONDENT. —
SUPREME COURT OF
* By sec. 91 of the Act 6 Vict. No. 7 it is enacted that it shall be lawful for the Council of the Corporation of Mel- bourne to make "such by-laws and regulations as to them shall seem meet . for the good rule and government of the saidtown; . . . and for the regulation and government of carters porters and drivers ; ee" Provided . . . that no by-law to be passed by the said council shall be repugnant to this Act or to the general spirit and intendment of the laws in force within the colony."
The Motor Car Act 1909, by sec. 2, defines the term ' motor car" as in- cluding "motor cycle." Sec. 12 pro- vides that "<(1) The person in charge of a motor car (not being a motor cycle) travelling or being driven after sunset and before sunrise shall unless other- wise prescribed—(a) Carry attached thereto at least one lighted lamp so constructed and placed as to exhibit a white light or lights visible within a reasonable distance in the direction
towards which the motor car is travel- ling . . . 3 and also (6) Carry a bright illuminating rear lamp in a ae scribed position so that it shall illu- minate to the utmost without over- shadowing or hiding the identifying number of the car. (2) No person shall between sunset and sunrise drive ride or propel a motor cycle unless there is attached thereto a lighted lamp showing a bright white light visible in the direction towards which such motor cycle is being or is about to be driven or ridden sufficiently far to adequately signal the approach and position of such motor cycle and il- luminate sufficiently the identifying number." See. 15 (5) provides that "In any by-law made by a council under any Act any provision which is incon- sistent with this Act or any regulation hereunder shall whether made pre- viously or subsequently to this Act or such regulation be deemed to be of no force or effect whatever."
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