- Welker v Hewett (1969) 120 CLR 503 in which the High Court
of Australia held that a New South Wales statute (by which it
was sought to impose liability for commercial vehicle taxes on
directors of companies which owned vehicles, and the company and
the director concerned were registered and resident respectively
outside New South Wales) was ultra vires because beyond the territorial
competence of the parliament of that State.
There were cited to us numerous other authorities, and also text
books of authority including Dicey's Introduction to the Study of
the Law of the Constitution, the 1924 and 1965 editions. See also
Professor DP O'Connell on The Doctrine of Colonial Extra-Territorial
Legislative Incompetence (July 1959) 75 LQR 318. We do not lengthen
this judgment by further extensive citation, because in our judgment
the principles we have already stated are reasonably clear. What
are primarily in issue are these questions:
(1) whether these principles apply at all to the States of Guernsey;
and
(2) if they do, whether the Investigation Law of 1991 has any
extra- territorial operation;
and
(3) if it has such operation, whether that is no more than is
necessary for the good government of Guernsey.
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