Robinson v. Western Australian Museum

Abstract

States as international persons — In general — Sovereignty and independence — In matters of domestic jurisdiction — Australia — Western Australian legislation dealing with title to and possession of historic wrecks lying offshore — Whether within extra — territorial competence of State legislature — Whether contrary to Commonwealth sovereignty of bed of territorial sea — Seas and Submerged Lands Act 1973 (Commonwealth) — The law of Australia

States as international persons — Composite and dependent States and territories — Unions of States — Federal States and confederations — Australia — Competence of federated States to legislate extraterritorially — Whether contrary to Imperial or Commonwealth legislation — Relationship between Australia and United Kingdom — The law of Australia

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Territorial waters of Commonwealth of Australia — Power of Australian States to legislate extra-territorially — Whether a sufficient connection exists between subject — matter of State legislation and interests of State — Whether seabed could be conveyed by State legislation — Whether inconsistent with Imperial or Commonwealth legislation — The law of Australia

State territory — Parts of — Territorial waters — Jurisdiction in the maritime belt — Australia — Western Australian legislation dealing with title to, and possession of, historic wrecks lying offshore — Whether within extra-territorial competence of State legislature — Whether sufficient connection between subject matter of legislation and interests of Western Australia — Whether legislation repugnant to Merchant Shipping Act 1894 (Imperial) — Act vesting property in Crown — Whether in right of Western Australia or in right of United Kingdom — Present relationship between Australia and United Kingdom — Whether State legislation inconsistent with Commonwealth legislation — Commonwealth sovereignty over bed of territorial sea — Distinction between real property and personal property — Whether seabed could be conveyed by State legislation — Dominion as an aspect of sovereignty — Whether State legislation invalid under Section 109 of Commonwealth Constitution — Museum Act 1959 (Western Australia) — Amendment Act 1964 — Museum Act 1969 (Western Australia) — Maritime Archaeology Act 1973 (Western Australia) — Navigation Act 1912 (Commonwealth) — Seas and Submerged Lands Act 1973 (Commonwealth) — The law of Australia