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The Role of Negative Implications in the Interpretation of Commonwealth Legislative Powers
THE ROLE OF NEGATIVE IMPLICATIONS IN THE INTERPRETATION OF COMMONWEALTH LEGISLATIVE POWERS MICHAEL STOKES* One of the bases for the view that Commonwealth powers should be interpreted broadly is the idea that it is wrong to draw negative implications from positive grants of power. The paper argues that far from being wrong to draw negative implications from positive grants of power it is necessary to do so in that it is impossible to interpret such grants sensibly without drawing negative implications from them. This paper considers Isaacs J’s argument in Huddart Parker that it is wrong to draw negative implications from positive grants of power, as it is the most detailed defence of that position, and the adoption of similar arguments in Work Choices. It then considers the merits of Isaacs J’s argument, rejecting it because it is impossible to interpret positive grants of power without drawing negative implications from them in any context and in the Australian constitutional context in particular. This paper looks at how the scope of such implications is to be determined and how constitutional grants of power ought to be interpreted in the light of negative implications. It concludes that it is possible to determine the scope of the negative implications implicit in the s 51 grants of power and to interpret those powers in the light of the implications while accepting that state powers are residual and that their content cannot be determined until the content of all Commonwealth powers is known. CONTENTS I Introduction .............................................................................................................. 176 II The Origin of the Argument That It Is Wrong to Draw Negative Implications from Positive Grants of Power ....................................................... -
Laser Class Rules - One Design
Laser Class Rules - One Design One of the attractions of the Laser for most owners is that the class rules are very strict and that the boat is one design. The Laser philosophy incorporated in the rules is that we want to go sailing, not waste time fddling with boats. We want to win races on the water using our skill, not by trying to fnd a way round the rules that will give us an advantage. The class rules are written to prevent any changes from the standard boat that might affect performance, so that on the water each boat is the same. The few changes to the standard boat that are allowed are minor and only to allow for a few options that make racing the Laser more comfortable and enjoyable. Over the years the class has refused to make changes to the rules that allow more expensive or complicated equipment or which makes older boats redundant. If you feel you want to change something on a Laser - STOP. Ask yourself why you want to do it? If the answer is “to make me go faster” there is a very good chance the modifcation or addition is illegal! Take a look at the Laser Rules. • Part One explains the Fundamental Class Rule which covers the philosophy and any item not specifcally written into the rules. • Part Two tells you what you must do to have a legal boat. • Part Three details a few optional changes and additions you can make. If Part Three does not specifcally allow a change or addition - IT IS ILLEGAL! If you race a Laser that has a change or addition not allowed by the class rules you will be disqualifed from the race. -
Brass Bands of the World a Historical Directory
Brass Bands of the World a historical directory Kurow Haka Brass Band, New Zealand, 1901 Gavin Holman January 2019 Introduction Contents Introduction ........................................................................................................................ 6 Angola................................................................................................................................ 12 Australia – Australian Capital Territory ......................................................................... 13 Australia – New South Wales .......................................................................................... 14 Australia – Northern Territory ....................................................................................... 42 Australia – Queensland ................................................................................................... 43 Australia – South Australia ............................................................................................. 58 Australia – Tasmania ....................................................................................................... 68 Australia – Victoria .......................................................................................................... 73 Australia – Western Australia ....................................................................................... 101 Australia – other ............................................................................................................. 105 Austria ............................................................................................................................ -
SHALLOW BOATS; DEEP ADVENTURES! Since 1984
Since 1984 SHALLOW BOATS; DEEP ADVENTURES! 1 SHOAL DRAFT STABILITY, SIMPLICITY, SPEED AND SAFETY. I’m here to talk about a belief in and a passion for shoal-draft boats, particularly the development of the Round Bottomed Sharpie. I started sailing in centreboard dinghies and that excitement has returned with these boats. As you’ll see these 2 boats have become known as Presto Boats. NEW HAVEN OYSTER- TONGING SHARPIE By definition a Sharpie is a flat-bottomed boat and a New Haven oyster-tonging sharpie looked like this. They were easy to build with their box shape & simple rigs but the boat is an ingenious piece of function and efficiency. The stern is round so the tongs don’t snag on transom corners; the freeboard is low so it’s easy to swing the tongs on board and the long centreboard trunk stops the oysters from shifting SEA OF ABACO 3 under sail. NEW HAVEN SHARPIE RIG The unstayed masts rotate through 360 degrees so the oystermen would sail to windward of the oyster beds and let the sails stream out over the bow while drifting over the beds tonging away. The sails are self-tending and self-vanged so handling is very easy. The boats are fast when loaded so you can get the oysters fresh to market. Oyster bars in big cities were the Starbucks of the late 1800s. You’d pop in for a ½ dozen as a pick-me-up. 4 On the right is an Outward Bound 30 to our design. With our contemporary Sharpies we’ve retained the principles of the traditional rig; it works as well today as it did in the 1800s. -
Archaeology of the Old Iceworks, 35 Hunter Street, Hobart
Papers and Proceedings of the Royal Society of Tasmania, Volume 123, 19R9 27 ARCHAEOLOGY OF THE OLD ICEWORKS, 35 HUNTER STREET, HOBART by Angela McGowan (with one tabie, one text-figure and four plates) McGOWAN, A.E., 1989 (31 :x): Archaeology of the Old lceworks, 35 Hunter Street, Hobart. Pap. Proc. R. Soc. Tasm. 123: 27-36. https://doi.org/10.26749/rstpp.123.27 ISSN 0080-4703. Department of Lands. Parks and Wildlife, GPO Box 44A, Hobart, Tasmania, Australia 7001; formerly Anthropology Department, Tasmanian Museum and Art Gallery. The invention and development of refrigeration technology in the second half of the 19th century was a crucial factor in the success of Australia's meat export trade, although in Tasmania it was the fruit trade which made the most use of it. The Henry Jones Iceworks and cold-storage facility at 35 Hunter Street, Hobart, was probably established in 1903, involving extensive alterations to the existing building. Six of the seven insulated rooms in the building still contained refrigerant piping in 1986. This represented about one-twentieth of the volume of the original facility and was mostly used for cold storage. However, there is also evidence that most, if not all of the firm's ice-making took place on this site. The "Old Iceworks" was an important component of the industrial and commercial development of Hobart. Its remains were representative of refrigerating technology and equipment found throughout Australia in the early 20th century and were the last surviving ammonia iceworks in Tasmania. Key Words: ice-making, cold storage, historical archaeology, Hobart, Tasmania. -
Sullivans Cove and Precinct Other Names: Place ID: 105886 File No: 6/01/004/0311 Nomination Date: 09/07/2007 Principal Group: Urban Area
Australian Heritage Database Class : Historic Item: 1 Identification List: National Heritage List Name of Place: Sullivans Cove and Precinct Other Names: Place ID: 105886 File No: 6/01/004/0311 Nomination Date: 09/07/2007 Principal Group: Urban Area Assessment Recommendation: Place does not meet any NHL criteria Other Assessments: National Trust of Australia (Tas) Tasmanian Heritage Council : Entered in State Heritage List Location Nearest Town: Hobart Distance from town (km): Direction from town: Area (ha): Address: Davey St, Hobart, TAS, 7000 LGA: Hobart City, TAS Location/Boundaries: The area set for assessment was the area entered in the Tasmanian Heritage Register in Davey Street to Franklin Wharf, Hobart. The area assessed comprised an area enclosed by a line commencing at the intersection of the south eastern road reserve boundary of Davey Street with the south western road reserve boundary of Evans Street (approximate MGA point Zone 55 527346mE 5252404mN), then south easterly via the south western road reserve boundary of Evans Street to its intersection with the south eastern boundary of Land Parcel 1/138719 (approximate MGA point 527551mE 5252292mN), then southerly and south westerly via the south eastern boundary of Land Parcel 1/138719 to the most southerly point of the land parcel (approximate MGA point 527519mE 5252232mN), then south easterly directly to the intersection of the southern road reserve boundary of Hunter Street with MGA easting 527546mE (approximate MGA point 527546mE 5252222mN), then southerly directly to -
Big Business in Twentieth-Century Australia
CENTRE FOR ECONOMIC HISTORY THE AUSTRALIAN NATIONAL UNIVERSITY SOURCE PAPER SERIES BIG BUSINESS IN TWENTIETH-CENTURY AUSTRALIA DAVID MERRETT UNIVERSITY OF MELBOURNE SIMON VILLE UNIVERSITY OF WOLLONGONG SOURCE PAPER NO. 21 APRIL 2016 THE AUSTRALIAN NATIONAL UNIVERSITY ACTON ACT 0200 AUSTRALIA T 61 2 6125 3590 F 61 2 6125 5124 E [email protected] https://www.rse.anu.edu.au/research/centres-projects/centre-for-economic-history/ Big Business in Twentieth-Century Australia David Merrett and Simon Ville Business history has for the most part been dominated by the study of large firms. Household names, often with preserved archives, have had their company stories written by academics, journalists, and former senior employees. Broader national studies have analysed the role that big business has played in a country’s economic development. While sometimes this work has alleged oppressive anti-competitive behaviour, much has been written from a more positive perspective. Business historians, influenced by the pioneering work of Alfred Chandler, have implicated the ‘visible hand’ of large scale enterprise in national economic development particularly through their competitive strategies and modernised governance structures, which have facilitated innovation, the integration of national markets, and the growth of professional bureaucracies. While our understanding of the role of big business has been enriched by an aggregation of case studies, some writers have sought to study its impact through economy-wide lenses. This has typically involved constructing sets of the largest 100 or 200 companies at periodic benchmark years through the twentieth century, and then analysing their characteristics – such as their size, industrial location, growth strategies, and market share - and how they changed over time. -
GEELONG INFIRMARY R-AKD- Benevolent Asylum (INCORPORATED)
4^3^== §<3 " " ft© ... THE ... , 'I Fiftp=$eixntb Report * OF TBl% COMMITTEE OF MANAGEMENT OF THE GEELONG INFIRMARY r-AKD- Benevolent Asylum (INCORPORATED) WITH THE Financial Statement, List of Subscriptions, Donations, . '•• AND •••••• Statistical Table of Cases treated during the Twelve months ended June 30th, 1909. Geelong: HSNWOOD & DANCEY, PRINTERS, RYRIB STREET, . lOOO. OFFICE-BEARERS FOR 1909-1910. president: G. MARTIN, ESQ. Wice=fl>resioents-. J. NICOL, ESQ. C. SHANNON, ESQ. Don. treasurer: JAMES SMITH, ESQ. General Committee: REV. J. FORREST. i ENGLAND, G., ESQ. RKV. E. HARRIS. | HIGGINS, W., ESQ. RHV. A. POWELL. ! 'HUMBLE, W., ESQ. RKV. F. W. A. NEWTON. ! JULLIEN, E. L-, ESQ. BRADLEY, W. W., ESQ. KERNOT, W. C, ESQ. BROWN, H. BLOMFIELD, ESQ. LEARY, F. J., ESQ. COLLIER, A., ESQ. PURDIE, J., ESQ. DICKSON, T. A., ESQ. PHILPOTT, E-, ESQ. DOYLE, J. P. McCABE, ESQ. SMALL, DR. J. Tbouse Committee: HUMBLE, W., ESQ. , SMALL, DR. J. NICOL, J., ESQ., Vice-President. j . SHANNON, CHAS., ESQ., Vice-Pies. PURDIE, J., ESQ. finance Committee: BROWN, H. BLOMFIELD, ESQ. COLLIER, A., ESQ. BRADLEY, W. W.., ESQ. HIGGINS, W., ESQ. LEARY, F. J., ESQ. Ibonorarg Consulting xT&cotcal ©fticers: CROKER, P. A., ESQ., M.B., CH.M. SMALL, J., ESQ.. F.R.C.S., ED. iftonorarg /T&eoical ©fticers: KENNEDY, T. J. M.. ESQ., M.B., CH.B. MCCALLUM, G., ESQ., M.D. MARWOOD, A. W., ESQ., L.R.C.S., P.ED., L.F.P.S.O NEWMAN, F. J., ESQ, M.B., CH.B. loon, anaesthetist: ifton. Sftlagrapbist; McPHEE, R. G., ESQ., M.B., B.S. ELVINS,, H. -
National Conference: Hobart Dining Guide SANDY BAY
National Conference: Hobart dining guide SANDY BAY: WREST POINT CONVENTION CENTRE AND HOTEL With four restaurants, the Conference venue offers a range of dining options: The Revolving Restaurant on the top of the tower, Pier One overlooking the water (left), the Loft Bistro and Buffet/Coffee Shop. THE METZ ON THE BAY 217 Sandy Bay Road, Sandy Bay In the centre of Sandy Bay, The Metz offers relaxed inside and outside dining with versatile menu options. Stop by for a casual snack, drink or a delicious meal, and take advantage of their free WIFI. A short trip from the conference centre, The Metz is sure to please with a steak, parmi or woodfired pizza. Prices start at $10. Open seven days. ME WAH (a Chinese phrase meaning ‘exquisite setting’) 16 Magnet Court, Sandy Bay This restaurant has been the recipient of many dining awards. It is an excellent place to try the local shellfish – lobster, salmon, oysters, squid, scallops – in delicious Asian style. We can highly recommend the duck too. They offer takeaways, a la carte and banquet style dining. Entrees start at $14 and mains $30. Open six days (closed Monday) and the hours vary. 1 SOLO PASTA AND PIZZA 50B King Street, Sandy Bay. Italian in the heart of Sandy Bay, Solo Pasta and Pizza is popular with tourists and locals alike. Choose from the extensive antipasto, carne and pesce, pasta, risotti, pizza, calzoni menus, and pair with a glass of local or imported wine. You can even order takeaway if you are feeling weary after a full day of conferencing. -
The Boatbuilder's Inspiration Can Come from Disparate Sources. for Arthur Kortenoever, It Was Two British Sailing Designs a Ge
BOATS OF THE GREAT GLEN The boatbuilder’s inspiration can come from disparate sources. For Arthur Kortenoever, it was two British sailing designs a generation apart, the ubiquitous launches of the Dutch canals and most of all, what his potential customers wanted. Kathy Mansfield reports on: Brendan With photographs by the author ne surefire way of learning some boatbuilding skills What does the market want? the canals, perhaps celebrating Queen’s Day on 30 is to be shipwrecked and cast upon a desert island When he returned from his desert island, Arthur roamed April on the Amsterdam canals in company with Owith the remains of your old wooden boat. Not too the world with the various boats he built, then joined many other boats at the beginning of the season much chance of it happening, you might say but Dutchman friends in Poland and started a boatyard in Gdansk in 1989. and exploring further afield on holidays. Third and Arthur Kortenoever managed it in 1972. They had as much work as they could cope with but most ambitious: the customers who achieve the He and his girlfriend spent eight months on a deserted managed to build in their spare time a John Watkinson dream of leaving the office well behind, hitching island between Fuerte Ventura and Lanzarote, complete Peterboat. Arthur wanted to build a production boat of his the boat to the car to trail to more distant cruising with white sand beaches and a single, quiet, volcano, eating own but very sensibly, he did some careful market research grounds and sleeping aboard when they get there. -
Excerpts from a Sailor's Wind Journal
A Fine Reach Home: Excerpts from a Sailor’s Wind Journal Lynn Fels English Bay, 1976, International 14 We surface amidst sodden sails, shouting in surprise and haste. “Are you okay?” “Where are you?” “Hang on to the gunwale, no wait, swim the bow into the wind, now swim over here, we’ll bring her up together.” Martin and I, skipper and crew, throw our weight onto the centerboard. The boat reluc- tantly responds, the mast tilting skyward, rising from the sea. I taste the salt of ocean spray that catches me unaware after so many years of sailing fresh-waters. Equilibrium restored, seawater emptying through the automatic bailers, our sailboat moves across the water in ecological tension between human, craft, wind, and geography. Martin tends to the navigation, attentive weight- ing of hand on tiller, as I set the jib and cleat the sheet. Shifting body weight, secured by the trapeze,I feel the arc of body, an embodied inter- pretation of movement in response to the wind’s presence in the tautness of the sails. Sailing in the various conditions of wind requires an instinctive chore- ography of release and defiance, surrender and embrace, by skipper and crew. 180 Canadian Journal of Environmental Education, 13 (2), 2008 This is what holds me to task, as I swing in and out of the boat secured to the mast by the trapeze wire that holds me in place. “Wind’s coming! Trapeze!” Martin yells, but I am already in concert with the wind, welcoming its arrival, anticipating its departure. Sailing, a harnessing of wind with canvas to propel a sailboat across dis- tances of water, in winds shaped by landforms, airflow and temperature, requires constant renegotiation by skipper and crew in response to the wind’s changeable presence. -
SPRENT's HOBART, Circa 1845
PAPERS AND PROCEEDINGS OF THE ROYAL SOCIETY OF TASMANIA, VOLUME 101. SPRENT'S HOBART, circa 1845 By R. J. SOLOMON Department of Geography, University of Tasmania (With nine figures and six plates.) ABSTRACT acquaintance with the subject of this paper should James Sprent's comprehensive survey of Hobart not find themselves on alien ground; rather it is Town was carried out towards the end of an era hoped that they may be assisted to a new or of rapid population increase. The pattern of better appreciation of their geographical environ occupance 'and the characteristics of the buildings ment. recorded by Sprent are examined after first tracing the physical growth of the town ,to the 1840s. The PHYSICAL AND POPULATION GROWTH 1847 valuation of Hobart property is represented Reference to Figure 1 shows the marked change cartographically and related to physical and in Hobart's population growth rate which occurred functional factors. Central area functions are at about mid-century, when a period of almost com analysed in detail and characteristics of commerce, plete stagnation began. Prior to that time the manufacturing and port activity are presented. 'forties had seen a slowing of the processes, except The persistence of Sprent's Hobart in the 1960s is Transportation, which had quintupled the popula shown by the assessment of townscape. tion of the town in the space of 20 years: from 2700 in 1821 (Wentworth, 1824) to 14,602 at the INTRODUCTION Census of 1841. Even so, 21,467 inhabitants had There are several reasons why it might be main accumulated in the Hobart Town Police District tained that Hobart's golden age was experienced in by the Census of 1847, 'at which time the whole of the last decade of the first half century of European Van Diemen's Land counted 70,000 people.