§ 186. “Weights and Measures.”
The power to fix the standard of weights and measures is necessarily a branch of the power to regulate trade and commerce; and it could, no doubt, have been exercised by the Federal Parliament even if this sub-section did not appear in the Constitution. It is not an exclusive power vested in the Federal Parliament, as against the States. The Federal Parliament is under no immediate obligation to occupy the ground capable of being covered by legislation of this description. Until it does so the States will continue to regulate the local systems of weights and measures; and their laws will not be superseded until the Federal Parliament passes a uniform system applicable to the whole of the Commonwealth. The States have already adopted common standards of weights and measures, and consequently Federal legislation may not be necessary, until the time is ripe for the adoption of a new and general reform, such as the metric system, which in America has been rendered lawful but not obligatory. “I think,” says Burgess, “that is an unfortunate beginning. It may introduce great confusion where we now have substantial uniformity. Under existing conditions, it is certainly better either to do nothing at all, or to make some system obligatory as well as lawful.” (Burgess, Political Sc. II. p. 141.)
51. (xvi.) Bills of exchange187 and promissory notes:
HISTORICAL NOTE.—This sub-section was adopted from the British North America Act (sec. 91, sub-s. 18), and the Federal Council of Australasia Act, 1885. It appeared in the Drafts of 1891 and 1897, and was adopted by both Conventions without debate.