The Commonwealth Law Reports Volume 4; Cases Determined in the High Court of Australia by Australia High Court
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Author: Australia High Court
Page Count: 394 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: Pdf
ISBN: 9781130774276
File size: 17 Mb
Download Link: The Commonwealth Law Reports Volume 4; Cases Determined in the High Court of Australia
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...responsible Minister, whoever he may be. That is how the matter appears to me, apart from any argument that has been raised about the word "Government" being synonymous with Governor in Council. I do not see my way to hold that they are synonymous. The word " Government," as I said, is not a term of art. I think the expression "submission for the approval of the Government" merely meuns submission for the approval of the Crown acting through the proper responsible Minister, whoever he may be. In this Act it is expressly stated that the Home Secretary is to be the responsible Minister under whose direction the Commissioner of Police is to act. I think, therefore that there is nothing in that point. With respect to the other point, that the Commissioner of Police shall have power to dismiss sergeants and constables upon sufficient proof of misconduct or unfitness, I agree with the learned Judges of the Supreme Court in thinking that, if that is a condition of the tenure of office of sergeants and constables, the person accused must have an opportunity of being heard before he can be deprived of his office. But the question remains whether that is a condition of the tenure of his office, in other words, whether this section is in reality a section relating to the tenure of office of sergeants and constables, or whether it is a provision standing by itself or enacted alio intuitu? In the Constitution Act 1867, which is a re-enactment of the original Constitution, sec. 14 provides: --" The appointment of all public offices under the Government of the Colony hereafter to become vacant or to be created whether such offices be salaried or not shall be vested in the Governor in Council with the exception of the appointment of the of...
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