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 FILE: APP_APL_25656_CVR FORMAT: 245 H x 190 W MM SPINE: 29.6 MM COLOURS: CMYK

PUBLIC LAW
AUSTRALIAN
A COMPREHENSIVE INTRODUCTION TO AUSTRALIAN PUBLIC LAW

AUSTRALIAN PUBLIC LAW begins with a consideration of the idea of public law,
and develops a clear theoretical framework for investigating its subject matter.
It introduces the key principles, concepts and institutions in Australian public
SECOND
law and provides a solid foundation for further study in constitutional and EDITION
administrative law.

KEY FEATURES
• Develops the concept of public law as a mechanism of empowerment and
constraint of the governing institutions of the state.
• Explores concepts such as representation, sovereignty, power and rights as
legal and political concepts.
• Examples and case studies throughout demonstrate real-life applications
of public law.

NEW TO THIS EDITION

• New chapter on Federalism explains the theoretical principles and practical
concerns that underpin federal systems.

AUSTRALIAN
• Discussion Questions at the end of each chapter help readers review
concepts.
• Glossary of key public law terms and concepts assists readers’ understanding

APPLEBY
of fundamental principles.
SECOND
• Updated to reflect a number of key public law developments, including the
impact of Australia’s first full term minority government, as well as some
recent High Court decisions.
PUBLIC LAW EDITION

REILLY
GABRIELLE APPLEBY ALEXANDER REILLY LAURA GRENFELL
GABRIELLE APPLEBY is a Senior Lecturer in the Law School at the University
of Adelaide.

ALEXANDER REILLY is an Associate Professor in the Law School at the

GRENFELL
University of Adelaide.

LAURA GRENFELL is a Senior Lecturer in the Law School at the University

of Adelaide.

ISBN 978-0-19-552565-6

9 780195 525656
visit us at: oup.com.au or
contact customer service: cs.au@oup.com

APP_APL2_25656_CVR_SI.indd 1 cyan magenta yellow black 20/02/14 9:52 AM

 vi Contents

CHAPTER 3 A Federal Commonwealth 61

Introduction 62
The idea of federalism 62
The origins of the Australian federation 67
The structure of the Australian federation 70
Commonwealth–State relations 88
The future of federalism 91
Conclusion 94

PART II The People and Their Government 97

CHAPTER 4 Democracy and Representative Government 99
Introduction: participation and deliberation in a democracy 100
Effective democratic representation 101
The foundations of representative government 104
Free speech and democracy 118
Protecting Australia’s democracy 124
Conclusion 135

CHAPTER 5 Parliamentary Process and Legislative Power 137

Introduction 138
Australian Parliaments 138
Parliamentary privileges 139
Parliamentary sovereignty 141
The relationship between the Houses of Parliament 151
Parliament and the Executive: the quest for control 155
Parliamentary committees 159
Conclusion 163

PART III The Administrative State 165

CHAPTER 6 The Executive 167
Introduction 168
The Crown and the Executive 168
Executive power and accountability 169
Sources and types of executive power 173
Regulating executive power: the Legislature 194
Conclusion 196

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 Contents vii

CHAPTER 7 Executive Accountability 199

Introduction 200
Parliamentary accountability 204
Judicial accountability 213
Executive accountability 219
Public accountability 234
Conclusion 243

PART IV The Judiciary 247

CHAPTER 8 The Judiciary and the Separation of Judicial Power 249
Introduction 250
Chapter III: framework and history 251
Separation of federal judicial power 260
Defining judicial power 265
Conclusion 278

CHAPTER 9 The Separation of Powers in Practice 280

Introduction 281
Rights, freedoms and implied guarantees 281
Federal judicial power and detention 284
Judges engaging in non-judicial functions 291
Chapter III and State courts 297
Conclusion 314

PART V The Internationalisation of Australian Public Law 317

CHAPTER 10 Public International Law 319
Introduction: national law and international law 320
The nature of international law 322
The UN system 323
Other influential bodies in the international sphere 334
How is international law made? 335
Conclusion: a distinct and separate paradigm? 342

CHAPTER 11 International Law and the Australian Legal System 346

Introduction 347
Making treaties: the federal Executive 350
Implementing treaties: Federal Parliament 352
The indirect effect of treaty ratification on Australian law 355
Conclusion 365

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 viii Contents

PART VI Issues in Australian Public Law 367

CHAPTER 12 Human Rights in Australia 369
Introduction: complacency and misinformation 370
The national emergence of rights 372
The international emergence of rights 373
Human rights at the federal level 380
Emerging human rights jurisprudence 398
The Victorian Charter: a case study 400
Conclusion 407

CHAPTER 13 Indigenous Peoples and Australian Public Law 410

Introduction 411
Who is an Indigenous Australian? 412
The question of sovereignty 414
Responsibility for Indigenous policy 417
Bases for Indigenous claims 420
Types of Indigenous claims 423
Recognising Indigenous rights 442
Conclusion 447

CHAPTER 14 Safeguarding Australia 450

Introduction: the role of the state 451
Traditional internal threats: law and order 455
External sovereign threats 456
The threat of terrorism 462
Migration control and border security 478
Conclusion 486

Appendix: The Australian Constitution 489

Index 534

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 ix

PREFACE
This book provides a foundation for the ideas and principles that underpin
Australian public law. Drawing on Anglo-American and continental understandings
of public law, it develops a concept of public law as a means for both empowering
and constraining the governing institutions of the state. The ‘public law’ concept
is explained through analysis of the mechanisms of power and control, including
discussions of the functioning of the institutions of government and contemporary
issues of importance in Australian public law.
The book looks at both formal and substantive mechanisms for empowering and
constraining the institutions of government. The book therefore explores concepts
such as representation, sovereignty, power and rights as legal and political concepts,
and considers them through the lens of particular issues faced in the relationship
between the institutions of government and between the state and its people.
The book is written as an academic text that is accessible to students of public
law. It will be relevant to public law scholars and general readers with an interest
in public law, as well as contributing to the teaching of the principles of public law.
When it was first published in 2011, the book responded to a change in Australian
law degrees that saw the introduction into the curriculum of public law courses that
provide a foundation for more specialised constitutional and administrative law
courses. The theoretical framework developed in the book can be used to engage
with the Australian Constitution and its interpretation, and with the controls on
government power. Constitutional law cannot be discussed effectively without
introducing the core public law principles of constitutionalism, legality, separation of
powers, the rule of law, sovereignty, and representative and responsible government.
Administrative law, once treated as a branch of constitutional law and continuing
to closely intersect with it, cannot be fully appreciated without an understanding
of executive government and the range of mechanisms used to hold government to
account. The book therefore introduces the key principles and theoretical concepts
that are required for the study of constitutional and administrative law, before they
are applied in the more specific contexts of those courses.
The second edition of this book responds to a number of important changes and
cases in Australian Public Law. These include the implementation of the Australian
Human Rights Framework, which is explained in Chapter 12. There has also been the
decision in Williams v Commonwealth, which established a new understanding of
the Commonwealth’s executive power and is addressed in Chapter 6; and the High
Court’s new Chapter III jurisprudence in response to the States’ measures against
organised crime, which is addressed in Chapter 9. Since the first edition, Australia

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 x Preface

has experienced its first full term of a minority government, which gave rise to a
number of reforms to parliamentary practice. These are discussed in Chapters 4
and 5. There has also been a renewed push to amend the Constitution to recognise
Indigenous Australians, discussed in Chapter 13. In addition to updating the existing
chapters, we have introduced a new chapter on federalism (Chapter 3). This brings
together the discussion of federalism from other parts of the book into a single
chapter, as well as explaining the theoretical principles and practical concerns that
underpin federal systems and dictate how they operate. We have also introduced a
new section in Chapter 14 in relation to migration control and border security, which
has become an increasingly large part of Australia’s political discourse over the last
decade. At the start of this edition, we have introduced a number of key public law
concepts to assist students coming to the subject for the first time in understanding
some of the fundamental principles on which Australian public law is built.
The second edition of the book has been reworked collectively, although individuals
have had carriage of particular chapters. Gabrielle had carriage of Chapters 2, 6, 7, 8,
9 and 14. Alex had carriage of Chapter 1, 4, 5, and 13. Gabrielle and Alex were jointly
responsible for the new Chapter 3 on federalism. Laura had carriage of Chapters 10,
11 and 12. We would also like to acknowledge Wendy Lacey for the work and thought
she put into the first edition; much of her work has been kept, particularly in Chapters
8, 9 and 11.
Thank you to Victoria Kerr and Michelle Head from OUP for their encouragement,
support and patience throughout the revision process, and to Wing Hsieh for her
research assistance in updating the references throughout the book. Finally, we would
like to thank our academic colleagues and our students who have not only provided
us with valuable feedback from the first edition, but have inspired us to continue the
challenge of explaining the rich complexity of Australian public law.

Gabrielle Appleby

Alexander Reilly

Laura Grenfell

Adelaide Law School

The University of Adelaide

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 xi

AUTHORS
Dr Gabrielle Appleby is a Senior Lecturer at the Adelaide Law School, University of
Adelaide. Prior to becoming an academic, she spent time working for the Queensland
Crown Solicitor and the Victorian Government Solicitor’s Office. Gabrielle researches
and teaches in public and constitutional law, particularly focusing on questions about
the role, powers and accountability of the executive government, the operation of the
Australian federal system, and the independence and integrity of the judicial branch.
In 2012, she completed her PhD at the University of Adelaide, which examined the
role of government legal advisers in ensuring the integrity of executive government
and assisting in achieving the governmental ideals of the rule of law and the separation
of powers. Her PhD was awarded the University Medal and the Bonython Prize.
Alexander Reilly has been an Associate Professor in the Adelaide Law School since
2008. Previously, he held full-time academic positions at Murdoch University in Perth,
and Macquarie University in Sydney. Alex researches and teaches in a range of areas of
public law and political theory, including sovereignty, colonialism, Indigenous rights,
and most recently in relation to citizenship, migration and asylum. Alex’s research
is widely cited in the work of others nationally and internationally, including in
superior court judgments in Australia, South Africa and Canada, academic journals,
textbooks, and Law Reform Commission discussion papers in Australia, Ireland and
Canada. Alex’s current work is in the area of temporary labour migration.
Dr Laura Grenfell teaches and researches in public law at the University of
Adelaide Law School. She has a particular interest in constitutional law, comparative
constitutional law, human rights law and post-conflict justice. Before joining
academia in 2002, Laura practised constitutional law with the Crown Solicitor’s
Office of South Australia and the Office of the South Australian Solicitor-General,
and was an Associate in the Supreme Court of South Australia. In December 2009
she was awarded a Doctor of Philosophy from the Australian National University. Her
book Promoting the Rule of Law in Post-conflict States was published by Cambridge
University Press in 2013. Laura’s work has been cited nationally and internationally,
including in UN and World Bank reports.

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 xii

COMMON AUSTRALIAN PUBLIC

LAW TERMS AND CONCEPTS
Accountability
Public law focuses on the exercise of public power, where it comes from, what its
limits are and how those exercising the power are held accountable for that exercise.
Accountability can ensure that the exercise of power is within legal limits or that
it conforms with its underlying purpose and the expectations of the community.
Through requiring government power to be within legal limits, the rule of law
acts as a mechanism for accountability, ensuring that the exercise of power is not
arbitrary. In Australia, exercises of legislative power must be in accordance with
their constitutional limits and are accountable in the courts. Legal accountability
for the exercise of executive power is the fundamental precept of administrative law.
Executive accountability is achieved in the courts but also through the Parliament,
tribunals, Ombudsman offices, and anti-corruption watchdogs and through regular
elections. Accountability of executive power is discussed further in Chapter 7.

Constitutional conventions
Constitutional conventions are unwritten rules of behaviour that restrict the exercise
of power. These conventions are not enforceable in the courts, but are generally
observed because they ensure the smooth running of the system. Conventions are
established based on historical observance and the acceptance by the relevant parties
of their binding nature. Without a written constitution, UK public law relies heavily
on unwritten conventions. Australia adopted many of the UK conventions, including
the conventions relating to responsible government. These are discussed further in
Chapter 6.

Constitutionalism
Constitutionalism is a political doctrine that the law of the constitution is supreme
in a legal and moral sense. The legitimacy of the state is based on its exercise of
power through a constitution that imposes limits on this power. These limits on state
power can take different forms: for example, they could be manifested through the
mechanisms of separation of powers, federalism, rights protections or procedural
requirements. Constitutionalism does not cover a society whose constitution merely

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 Public Law Terms and Concepts xiii

identifies the allocation of power without imposing any limits on this power. This
concept is discussed in Chapter 1.

The Crown
The Crown is literally the bejewelled headgear worn by the monarch. In public law,
however, it has taken on other meanings. It is an abstract term that can be used
to define the entire government structure, the sum of the judicial, legislative and
executive branches. This structure is also referred to as the ‘state’. Historically, the
British monarch was responsible for all of these government functions. As these
branches became more clearly delineated, the term ‘the Crown’ also came to symbolise
the executive branch of government, headed by the monarch and all of his or her
officers and agents. In this book, we adopt the term ‘Executive’ to avoid confusion.
The structure, role and powers of the Executive are discussed further in Chapter 6.

Federalism
Federalism is a constitutional design in which government power is shared between a
central government and sub-national governments operating in the same geographic
territory. Federalism allows for the dispersal of power as well as greater local
participation and ownership over government policies within a single nation-state.
Australia’s Constitution created a federation in 1901. The predominant purpose of
the Australian Constitution is to define the powers of the central government (the
Commonwealth) and its relationship with the sub-national governments (the States).
Federalism in Australia is discussed further in Chapter 3.

Human rights
Human rights are norms that are considered to be inherent to all human beings
regardless of their race, sex, nationality and religion. They are also considered to
be inalienable in that no person can waive these rights. In their legal form, human
rights can be understood as standards that prescribe how a government should
treat its population, either by acting in a positive way or by refraining from acting.
An example is the right to be free from arbitrary detention, which is articulated at
the international level by the Universal Declaration of Human Rights (art 9) and the
International Covenant on Civil and Political Rights (ICCPR) (art 9). This right requires
that where a government detains a person, it must provide reasons fully justifying the
detention of that person according to law and ensure that the detention is periodically
reviewed. As moral claims, human rights are often the subject of debate regarding
their cultural relativity. An example is the right to privacy (ICCPR, art 17), which is
much valued in the West where the individual is the main unit of society, while little

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 xiv Public Law Terms and Concepts

regard is given to this right in societies where the family is the main unit. As Chapter
12 explains, human rights are not traditionally part of mainstream political and legal
discourse in Australia. This is because the Australian Constitution articulates and
protects very few human rights, there is no federal legislative Bill of Rights, and the
common law provides only limited protection of a narrow range of human rights.

Judicial review
The judicial branch maintains the rule of law by conducting judicial review of the
actions of the other two branches of government, the Executive and the Legislature.
The Judiciary undertakes two types of judicial review. The first is as guardian of the
Constitution, reviewing exercises of legislative power by both Commonwealth and
State Parliaments against the constraints imposed by the Constitution. In Australia,
the High Court has asserted its role in judicial review of legislative action, despite
this role not being expressly granted to it in the Constitution. The second type of
judicial review ensures that executive action is exercised in accordance with the legal
limits that apply to it – those limits may be sourced in the Constitution, the common
law or, most commonly, in statute. In Australia, judicial review of executive action
taken by Commonwealth and State officials is constitutionally guaranteed. Judicial
review of executive action is discussed further in Chapter 7 and judicial review of
legislative action in Chapter 8. The courts will also review exercises of judicial
power through the appeal process, which allows for some accountability within the
judicial branch.

Liberalism
Liberalism is a political theory based on ideas of freedom and equality. Liberalism is
the dominant philosophy that informed constitutional development in the UK and
the US. It underpins Australia’s system of democratic government, supporting core
principles such as free and fair elections, open government, freedom from arbitrary
detention, and the accountability of the Executive for the effect of its actions on
individuals. Many liberal principles are contained within the rule of law, a concept
that underpins the Australian Constitution. Liberalism is discussed in Chapter 1.

Parliamentary supremacy
Parliamentary supremacy holds that of the three core institutions of government –
the Parliament, the Executive and the Judiciary – it is the Parliament that is supreme.
The rationale for this idea is that Parliament is the most democratically responsive of
all of the government branches and therefore it is Parliament alone that has the power
to make the law. While courts have the power to apply the law in the settlement of

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 Public Law Terms and Concepts xv

disputes, and the Executive has the power to carry out the law through the activities
of government departments, these powers can only be exercised under existing law,
which Parliament has the power to amend or repeal. Parliamentary supremacy is
discussed in Chapter 5.

Representative government
Representative government is a democratic form of government in which those with
the power to govern have been selected from among the population of a state to
rule on their behalf. Representative democracy is distinct from direct democracy in
which the whole of the polity is involved in making decisions over how the polity is
to be governed. The form and function of Australian representative government is
discussed in Chapter 4.

Responsible government
Responsible government describes a means by which the executive government is
held to account by the Parliament. The government is responsible to the Parliament
in two ways. First, ministers of the government are individually responsible to the
Parliament for their decisions and for the performance of their departments. Members
of the Parliament hold Ministers to account through the processes of Parliament,
in particular through asking questions of Ministers in the Parliament and through
parliamentary committees that scrutinise draft legislation and government actions.
Second, the entire ministry must retain the confidence of the Parliament to remain
in government. There are other important mechanisms that help to facilitate the
accountability of the government to the Parliament, including the requirement that
Parliament approves all taxation and expenditure by the government and maintains
a supervisory role over delegated legislation. Responsible government is discussed in
Chapters 5, 6 and 7.

Rule of law
The rule of law requires the supremacy of law (sometimes also discussed as ‘supremacy
of the constitution’). It means that no one is above the law and that the law binds
the state. In other words, the government must at all times exercise power within
legal limits. It aims to curtail arbitrary government action, to guarantee equality
before the law and to ensure accountability to the law. For some, the rule of law
relates not to any law, but only to law that affords protection of fundamental human
rights (see Chapter 1 for a discussion of the two analytical approaches to the rule of
law). The rule of law can be distinguished from the concept of rule by law, where the
government uses the law as a tool for its own purposes without any accountability or

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 xvi Public Law Terms and Concepts

adherence to limits on the law. In this situation, power is exercised in the absence of
effective mechanisms for constraining and disciplining the abuses of public power. As
a principle of governance, the rule of law rose to international prominence at the end
of the 20th century. In Australia the concept is understood as an assumption of the
Australian Constitution. It requires that the Judiciary review the actions of the other
two branches of government, the Executive and Legislature, so as to check that they
are operating within legal limits and not in an arbitrary fashion. For this purpose, it
is critical that the Judiciary be, and be seen to be, completely independent from these
two other branches.

Separation of powers
The separation of powers describes the horizontal division of government power
between the three branches of government: the legislative, executive and judicial
branches. It is a political doctrine associated with US liberalism that provides
limits and checks on the exercise of power by each branch. In Australia, there is no
separation of powers at the State level. At the federal level, the separation of judicial
power and the maintenance of the independence of the Judiciary from the executive
and legislative branches is the most emphasised aspect of the doctrine because of
the necessary relationship between the Executive and the Parliament created by
responsible government. The separation of judicial power and the maintenance of
judicial independence and impartiality in Australia is discussed further in Chapters
8 and 9.

Sovereignty
Sovereignty means supreme power or authority. When applied to public law, this core
meaning of sovereignty has many applications. There is a distinction between internal
and external sovereignty. External sovereignty refers to the independent power and
authority of individual nation-states within international law. Internal sovereignty is
sovereignty within single states. Internally, the sovereign is the person or body who
has the power to rule. This power might be absolute or it might be divided, as it is
in our federation in which sovereignty is shared between the Commonwealth and
the States. Sovereignty is also concerned with legitimacy and is used to describe the
foundation of the right to govern. In the Australian legal system, the term ‘popular
sovereignty’ is used to describe the fact that it is the Australian people, through
their participation in electing representatives and through their role in amending
the Australian Constitution, who have the ultimate power in the Australian legal
system. The concept of sovereignty in Australia has also been important to describe
the relationship of Indigenous people to the Australian State. Indigenous Australians

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 Public Law Terms and Concepts xvii

have claimed sovereignty in a number of senses. First, Indigenous Australians have

claimed sovereignty in a legal sense through claiming that Indigenous people retained
independent authority over their lives and their lands in the face of UK claims to
sovereignty at the time of first settlement in 1788. Second, even though the courts
have rejected this first claim, Indigenous sovereignty is used to describe a degree a
separation from the Australian state and a right to self-determination of Indigenous
peoples. The concept of sovereignty is discussed throughout the book, but particularly
in Chapters 1, 2, 3, 4 and 13.

The Westminster system

The Parliament of the UK is located in the Palace of Westminster on the banks of the
River Thames in London. The term ‘the Westminster system’ has come to describe
systems of government in former British colonies, such as in Australia, which are
based on the UK Parliamentary system. The main features of the Westminster
system include the division of powers between a head of state (the Queen and her
representative in Australia, the Governor-General) who is the nominal holder of
executive power, and a head of government (the Prime Minister) who is the leader
of the party with the majority in the lower house of Parliament and who exercises de
facto executive power with other senior members of the governing party (Ministers
in a Cabinet) from within the Parliament. Other features of the Westminster
system include responsible and representative government, described above. The
Westminster system is discussed in Chapters 2 and 5.

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 xviii

TABLE OF CASES
A v Australia (1997) 4 BHRC 210 377
A v Hayden (1984) 156 CLR 532 171, 456, 475
Al-Kateb v Godwin (2004) 219 CLR 562 287–9, 355–6, 358, 392, 395, 408, 485
Amalgamated Society of Engineers v Adelaide Steamship Company Ltd
(‘Engineers’ Case’) (1920) 28 CLR 129 69, 76–9, 253
Andrews v Howell (1941) 65 CLR 225 458
Anti-Discrimination Commissioner v Acting Ombudsman (2003) 11 Tas R 343 204
Application of the Convention on the Prevention and Punishment of the Crime
of Genocide (Bosnia and Herzegovina v Yugoslavia (Serbia and Montenegro))
(Further Provisional Measures) [1993] ICJ Rep 325 341
Armed Activities on the Territory of the Congo (Democratic Republic of the
Congo v Rwanda) (Judgment) [2006] ICJ Rep 6 341
Attorney-General (Cth) v Breckler (1999) 197 CLR 83 272
Attorney-General (Cth) v The Queen (1957) 95 CLR 529 264
Attorney-General (Cth); Ex rel McKinlay v Commonwealth (1975)
135 CLR 1 117
Attorney-General (Cth) v Alinta Ltd (2008) 233 CLR 542 266, 272
Attorney-General (NSW) v Brown (1847) 1 Legge 312 415
Attorney-General (NSW) v Quin (1990) 170 CLR 1 213–14
Attorney-General (NSW) v Trethowan [1932] AC 526 144–5
Attorney-General (NSW) v Trethowan (1931) 44 CLR 394 143–5
Attorney-General (NSW) v Trethowan (1932) 47 CLR 97 144
Attorney-General (Qld) v Lawrence [2013] QCA 364 310
Attorney-General (SA) v Bell [2013] SASCFC 88 311
Attorney-General (SA) v Corporation of the City of Adelaide (2013)
192 LGERA 185 122
Attorney-General (Vic) v Commonwealth; ex rel Dale (‘Pharmaceutical Benefits Case’)
(1945) 71 CLR 237 80
Attorney-General (WA) v Marquet (2003) 217 CLR 545 145, 147
Attorney-General v De Keyser’s Royal Hotel Ltd [1920] AC 508 183
Austin v Commonwealth (2003) 215 CLR 185 84
Australia v Japan (Application of Japan’s JARPA II Program of Scientific Whaling
(Australia v Japan) 328, 330
Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001)
208 CLR 199 274
Australian Building Construction Employees and Builders Labourers
Federation v Commonwealth (1986) 161 CLR 88 275
Australian Capital Television Pty Ltd v Commonwealth (1992) 177
CLR 106 104–5, 119, 121, 127, 235, 381
Australian Communist Party v Commonwealth (‘Communist Party Case’)
(1951) 83 CLR 1 21, 151, 179, 188, 191, 254–5, 276, 300–1, 457–8, 464–5, 473
Australian Textiles Pty Ltd v Commonwealth (1945) 71 CLR 161 458
Australian Woollen Mills Ltd v Commonwealth (1944) 69 CLR 476 458

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 Table of Cases xix

Baban v Australia, Communication No. 1014/2001,

U.N. Doc. CCPR/C/78/D/1014/2001 377
Baker v The Queen (2004) 223 CLR 513 305
Bakhtiyari v Australia, Communication No 1069/2002 377
Ballina Shire Council v Ringland (1994) 33 NSWLR 680 364
Barcelona Traction, Light and Power Company Ltd (Belgium v Spain)
(Judgment) [1970] ICJ Rep 3 341
Barton v Commonwealth (1974) 131 CLR 477 181
Behrooz v Secretary of the Department of Immigration and Multicultural
and Indigenous Affairs (2004) 225 CLR 1 289, 359, 485
Bell v Police [2012] SASC 188 311
Betfair Pty Ltd v Racing New South Wales (2012) 286 ALR 221 73
Betfair Pty Ltd v Western Australia (2008) 234 CLR 418 73
Booth v Dillon (No 1) [1976] VR 291 227
Booth v Dillon (No 2) [1976] VR 434 227
Bradken Consolidated Pty Ltd v Broken Hill Proprietary Co Ltd (1979)
145 CLR 107 184
Brandy v Human Rights and Equal Opportunity Commission (1995)
183 CLR 245 265–6, 270–2, 395
Bribery Commissioner v Ranasinghe [1965] AC 172 146
British Coal Corporation v R [1935] AC 500 58
Bropho v Western Australia (1990) 171 CLR 1 184
Brown v West (1990) 169 CLR 195 194
Bugmy v The Queen [2013] HCA 37 423
Building Construction Employees and Builders’ Labourers Federation of New South
Wales v Minister for Industrial Relations (‘BLF Case’) (1986)
7 NSWLR 372 149–50, 260, 297
Burmah Oil Co Ltd v Lord Advocate [1965] AC 75 183
Burns v Ransley (1949) 79 CLR 101 188, 191, 459
Bush v Gore 531 US 98 (2000) 126
Bushell v Repatriation Commission (1992) 175 CLR 408 224

Cadia Holdings Pty Ltd v New South Wales (2010) 242 CLR 195 182, 185, 194–6
Capital Duplicators Pty Ltd v Australian Capital Territory (No 2) (1993)
178 CLR 561 73
Carbines v Powell (1925) 36 CLR 88 180
Carter v Egg and Egg Pulp Marketing Board (Vic) (1942) 66
CLR 557 71
Case of Proclamations (1611) 12 Co Rep 74 40–1, 174, 182
Case of Prohibitions del Roy (1607) 12 Co Rep 64 40, 214
Castlemaine Tooheys Ltd v South Australia (1990) 169 CLR 436 73
Catch the Fire Ministries Inc v Islamic Council of Victoria (2006)
206 FLR 56 121
Certain Phosphate Lands in Nauru (Nauru v Australia) (Preliminary Objections)
[1992] ICJ Rep 240 330
Chapman v Luminis Pty Ltd (No 4) (2001) 123 FCR 62 433
Chow Hung Ching v The King (1949) 77 CLR 449 361, 363–4

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 xx Table of Cases

Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic
Affairs (1992) 176 CLR 1 274, 277, 282, 284–8, 486
Church of Scientology v Woodward (1982) 154 CLR 25 213, 466
City of Collingwood v Victoria (No 2) [1994] 1 VR 652 260, 297
City of Salisbury v Biganovsky (1990) 54 SASR 117 227
Clarke v Commissioner of Taxation (2009) 240 CLR 272 84
Clayton v Heffron (1960) 77 WN (NSW) 767 145
Clayton v Heffron (1960) 105 CLR 214 145–6
Clough v Leahy (1904) 2 CLR 139 182
Clyde Engineering Co Ltd v Cowburn (1926) 37 CLR 466 82
Clydesdale v Hughes (1934) 51 CLR 518 145
Clyne v East (No 1) [1967] 68 SR (NSW) 385 260, 297–8
Coco v The Queen (1994) 179 CLR 427 391–2
Coe v Commonwealth (1979) 24 ALR 118 415
Cole v Whitfield (1988) 165 CLR 360 73
Coleman v Power (2004) 220 CLR 1 120–1
Colonial Sugar Refining Company v Deputy Federal Commissioner of Taxation
(1923) 32 CLR 68 74
Combet v Commonwealth (2005) 224 CLR 494 132
Commonwealth v Cigamatic (1962) 108 CLR 372 84
Commonwealth v Colonial Ammunition Co (1924) 34 CLR 198 192
Commonwealth v John Fairfax (1980) 147 CLR 39 235
Commonwealth v Tasmania (‘Tasmanian Dam Case’) (1983) 158
CLR 1 191, 348, 413, 458
Condon v Pompano (2013) 295 ALR 638 308–10
Construction, Forestry, Mining and Energy Union v Australian Industrial
Relations Commission (2001) 203 CLR 645 269
Cooper v Stuart (1889) 14 AC 286 35, 38, 415
Corfu Channel (UK v Albania) (Judgment) [1949] ICJ Rep 4 341
Cormack v Cope (1974) 131 CLR 432 153
Croft v Dunphy [1933] AC 156 147
Croome v Tasmania (1997) 191 CLR 119 268, 348
Cubillo v Commonwealth (2000) 103 FCR 1 439
Cunliffe v Commonwealth (1994) 182 CLR 272 121

D and E v Australia Communication No 1050/2002 377

Davis v Commonwealth (1988) 166 CLR 79 173, 181, 187–8, 191
D’Emden v Pedder (1904) 1 CLR 91 76
Dietrich v The Queen (1992) 177 CLR 292 282, 362–3
Doyle v Attorney-General (1933) 33 SR (NSW) 484 145
Dr Bonham’s Case (1610) 8 Co Rep 114 40–1, 149
Drake v Minister for Immigration and Ethnic Affairs (1979) 2
ALD 60 222, 223, 291–2
Duggan v Mirror Newspapers (1978) 142 CLR 583 38
Durham Holdings Pty Ltd v New South Wales (2001) 205
CLR 399 148–50

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 Table of Cases xxi

East Timor (Portugal v Australia) (Judgment) [1995] ICJ Rep 90 330

Eatock v Bolt (2011) 197 FCR 261 440
Eatock v Bolt (No 2) [2011] FCA 1180 440
Edwards v Attorney-General for Canada [1930] AC 124 393
Egan v Chadwick (1999) 46 NSWLR 563 157, 173
Egan v Willis (1996) 40 NSWLR 650 141
Egan v Willis (1998) 195 CLR 424 47, 141
Emmerson v DPP (NT) (2013) 33 NTLR 1 311
Entick v Carrington (1765) 19 Howell’s State Trials 1029 41, 456
Environment Protection Authority v Caltex Refining Co Pty Ltd (1993)
178 CLR 477 364
Evans v New South Wales (2008) 168 FCR 576 393
Ex parte McLean (1930) 43 CLR 472 82

Fardon v Attorney-General (Qld) (2004) 223

CLR 575 284, 290, 297, 299, 305, 310, 377, 378
Farey v Burvett (1916) 21 CLR 433 456
Federal Commissioner of Taxation v Munro (1926) 38 CLR 153 270
Federal Commissioner of Taxation v Official Liquidator of E O Farley Ltd (1940) 63
CLR 278 181, 184
Federal Commissioner of Taxation v Salenger (1988) 19 FCR 378 225
Federated Amalgamated Government Railway and Tramway Service Association v New
South Wales Railway Traffic Employees Association (‘Railway Servants Case’)
(1906) 4 CLR 488 76
Federated Sawmill, Timberyard and General Woodworkers’ Employees’ Association
(Adelaide Branch) v Alexander (1912) 15 CLR 308 260
FKAG et al v Australia UN Doc CCPR/C/108/D/2094/2011 377, 379
Forge v Australian Securities and Investment Commission (2006) 228
CLR 45 83, 299, 312
Fortescue Metals Group Ltd v Commonwealth (‘Mining Tax Case’) (2013) 300 ALR 26 74

Gibbs v Capewell (1995) 54 FCR 503 414

Gilbertson v South Australia (1976) 15 SASR 66 260, 297
Grace Bible Church v Reedman (1984) 68 SASR 200 149
Grollo v Palmer (1995) 184 CLR 348 265, 291, 294, 308
Gypsy Jokers Motorcycle Club Incorporated Inc v Commissioner of Police (WA)
(2008) 234 CLR 532 302

Ha v New South Wales (1997) 189 CLR 465 73, 87

Habib v Commonwealth (2010) 183 FCR 62 218, 360
Hammond v Commonwealth (1982) 152 CLR 188 391
Haneef v Minister for Immigration and Citizenship (2007) 161 FCR 40 387, 397, 477
Harris v Caladine (1991) 172 CLR 84 265
Hicks v Ruddock (2007) 156 FCR 574 218, 360–1
Hilton v Wells (1985) 157 CLR 57 265, 292–3, 308
Hogan v Hinch (2011) 243 CLR 506 122, 308
Holmdahl v Australian Electoral Commission [2013] HCATrans 72 110

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 xxii Table of Cases

Holmdahl v Australian Electoral Commission (No 2) [2012] SASCFC 110 110

Horta v Commonwealth (1994) 181 CLR 183 353, 356–7
Huddart Parker & Co Pty Ltd v Moorehead (1909) 8 CLR 330 266–7
Hughes & Vale Pty Ltd v Gair (1954) 90 CLR 203 146

International Finance Trust Company v New South Wales

Crime Commission (2009) 240 CLR 319 277, 283, 299, 302, 305, 307, 310
Irving v Minister for Immigration (1995) 59 FCR 423 482
Irving v Minister for Immigration (1996) 68 FCR 422 482

Jago v District Court of New South Wales (1988) 12 NSWLR 558 364
James v Commonwealth (1928) 41 CLR 442 74
James v Commonwealth (1936) 55 CLR 1 72
Judd v McKeon (1926) 38 CLR 380 110
Jumbunna Coal Mine NL v Victorian Coal Miners’ Association (1908)
6 CLR 309 76, 148

Kable v Director of Public Prosecutions (NSW) (1996) 189

CLR 51 83, 251–2, 260, 266, 283, 297–314, 381
Kable v New South Wales (2013) 298 ALR 144 298, 300, 302, 305
Kadi and Al Barakaat International Foundation v Council of the EU and Commission of the
European Communities (2008) 3 CMLR 41 334
Kartinyeri v Commonwealth (‘Hindmarsh Island Bridge Case’) (1998) 195
CLR 337 21, 151, 355–6, 419–20, 429, 433
K-Generation Pty Ltd v Liquor Licensing Court (2009) 237
CLR 501 273, 299, 302–4, 310
Kirk v Industrial Court of New South Wales (2010) 239
CLR 531 215, 256, 299, 307, 311, 313
Kirk v Industrial Relations Commission (NSW) (2008) 173 IR 465 312
Koowarta v Bjelke-Petersen (1982) 153 CLR 168 348, 353, 381
Kruger v Commonwealth (‘Stolen Generations Case’) (1997) 190 CLR 1 282, 286–7, 439
Kwok v Australia Communication Number: 1442/2005 377

Lane v Morrison (2009) 239 CLR 230 265, 272

Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 123, 235, 381
Langer v Commonwealth (1996) 186 CLR 302 112
Laurance v Katter [2000] 1 Qd R 147 140
Le Mesurier v Connor (1929) 42 CLR 481 260
Leeth v Commonwealth (1992) 174 CLR 455 260, 282
Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory (Advisory Opinion) [2004] ICJ Rep 136 329, 338, 342
Leghaei v Director General of Security [2005] FCA 1576 468
Leghaei v Director-General of Security [2007] FCAFC 37 468
Leghaei v Director-General of Security [2007] FCAFC 56 468
Leghaei v Director-General of Security [2007] HCATrans 655 468
Levy v Victoria (1997) 189 CLR 579 122
Liyanage v The Queen [1967] 1 AC 259 274, 298
Luton v Lesssels (2002) 210 CLR 333 272

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 Table of Cases xxiii

Mabo v Queensland (No 1) (1988) 166 CLR 186 429

Mabo v Queensland (No 2) (1992) 175
CLR 1 8, 36, 320, 361–3, 394, 415, 417–18, 422, 424, 427–9, 438
Magaming v The Queen [2013] HCA 40 277
Marbury v Madison 5 US (1 Cranch) 137 (1803) 254, 331
Markarian v The Queen (2005) 228 CLR 357 277
Maynard v Neilson [1988] EOC 77 271
McDonald v Cain [1953] VLR 411 145
McGinty v Western Australia (1996) 186 CLR 140 114, 118, 147
McGuinness v Attorney-General (Vic) (1940) 63 CLR 73 182
McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 238–9
Melbourne Corporation v Commonwealth (1947) 74 CLR 31 84
Milirrpum v Nabalco (1971) FLR 141 427
Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v US)
(Merits) [1986] ICJ Rep 14 330–1, 341
Minister for Arts, Heritage & Environment v Peko-Wallsend Ltd (1987) 15
FCR 274 218
Minister for Immigration and Citizenship v Haneef (2007) 163
FCR 414 387, 393, 477
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183
CLR 273 320, 349–50, 358–60, 363–4, 394
Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri
(2003) 126 FCR 54 288
Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom
(2006) 228 CLR 566 481
MMM et al v Australia UN Doc CCPR/C/108/D/2094/2011 377, 379
Mobil Oil v Victoria (2002) 211 CLR 1 148
Mokbel v Attorney General (Cth) (2007) 162 FCR 278 195
Momcilovic v The Queen (2011) 245 CLR 1 405–6
Monis v The Queen (2013) 295 ALR 259 123
Mr C v Australia Communication No. 900/1999 377
Multicultural Affairs and Citizenship [2013] HCA 53 289

Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 119, 123, 235, 381
Neal v The Queen (1982) 149 CLR 305 423
New South Wales v Bardolph (1934) 52 CLR 455 187
New South Wales v Commonwealth (‘Incorporation Case’) (1990) 169 CLR 482 81
New South Wales v Commonwealth (‘Seas and Submerged Lands Case’) (1975)
135 CLR 337 175
New South Wales v Commonwealth (‘Wheat Case’) (1915) 20 CLR 54 175, 261–3
New South Wales v Commonwealth (‘Work Choices Case’) (2006) 229 CLR 1 77–9, 302
New State Ice Co v Liebmann 285 US 262 (1932) 64
Newcrest Mining (WA) Ltd v Commonwealth (1997) 190 CLR 513 355
Nicholas v The Queen (1998) 193 CLR 173 277
North Australian Aboriginal Legal Aid Service Inc v Bradley (2004) 218 CLR 146 299
North Sea Continental Shelf Cases (Federal Republic of Germany v The Netherlands)
(Judgment) [1969] ICJ Rep 3 336

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Another random document with
no related content on Scribd:
 Fig. 1. Fig. 2.

A is a sharp-pointed iron for outlining; B is a round-pointed one for

broader work; C is a stub for bold work, and measures three-eighths
of an inch in diameter; D is a curved background tool, and is used for
burning in the grounds, or shading, in order to make the design
stand out boldly.
With these tools and a spirit-lamp and rest, such as is shown in
Fig. 2, some very good work can be done; and to complete the set a
sharp-edged eraser may be added to scrape away the wood, if
perchance it should have been touched by mistake with a hot iron.
To begin with, it is best to carry out a simple design—to decorate a
panel, a drawer front, or the sides to a small wooden box. The
pattern must first be drawn out in full size on a piece of smooth
brown paper, and then transferred to the face of the wood by the use
of colored or black transfer-paper, sheets of which can be had at an
art or stationery store for a few cents each.
To reproduce the design, lay the transfer-paper face down on the
wood, and over it the drawing face up; pin it fast, and go over all the
lines with a lead-pencil, bearing down to impress them on the face of
the wood. Having gone over all the lines, unpin one corner and raise
both sheets of paper to see that the impression is good. If not,
replace the paper and redraw the faint or unmarked lines.
Fig. 3 is a simple and attractive design for the embellishment of a
panel, of a small drawer, or as one of the sides to a box.
If the tools shown in Fig. 1 are used, fill the spirit-lamp half full of
alcohol and light it, then place the pointed iron A on the rest in such a
position that the point will be enveloped by the blue flame, where,
after remaining a minute, it will become red hot. Remove it and trace
the lines in the wood with the hot point until all of them have been
gone over, and as a result the wood will have the appearance of Fig.
4. The iron will necessarily require reheating continually, and to save
time it would be well to have two or three irons of each shape, as
they cost but a few cents, and are easy to make.
 Fig. 3. Fig. 4.

After the outlining has been done, the background should be

burned in with the curved iron D. Fig. 5 illustrates the manner in
which this may be accomplished; the left side is partly finished, and
shows the simple and effective mode of lining or “dragging” the
ground. The right side is a finished ground, where the cross-strokes
may be seen with an occasional oblique stroke to lend added
density. It is not always possible to complete a ground until the
ornament is shaded, and what may seem to be a finished
background before the shading will sometimes afterwards prove too
weak or flat, and will necessarily require going over in places to
strengthen and darken it.
 Fig. 5.

Fig. 6.

Fig. 6 is a piece of finished work where the ornament is shaded to

give it character, and where also the background has been
retouched in some places to give it a stronger feeling. This
illustration is a good example of pyrography, and gives the relative
tones of high light and shadow.
Before beginning on an ornamental piece of work, it would be well
to practise on clear pine or white-wood, and to become dexterous in
the use and manipulation of the tools, and to find the ones best
adapted to certain kinds of work. The round-pointed tools B and C,
shown in Fig. 1, are good grounders, and where large work and bold
patterns are carried out they will be found of use.
As some very fine work is possible in fire-etching, the art can be
applied in many ways to decorate pieces of useful and ornamental
furniture about the house.
Charming pictures can be produced on holly and white mahogany;
designs of fruit and flowers and conventional patterns may be
applied to panels, tables, screens, frames, glove and handkerchief
boxes; and on maple bedroom furniture designs in pyrography lend a
pleasing and artistic appearance.
When working on leather do not cut out the form until after the
work is finished, but pin the material flat on a board to hold it firmly
while operating with the hot irons.
The entire design should be drawn on the face of the leather with
a soft lead-pencil, and afterwards gone over with the burning-points.
When the work is completed the piece of leather should be removed
from the board, and the outline cut with a sharp penknife or a pair of
scissors.
It may be desirable to varnish and polish some specimens, and it
is possible to do so by coating the surface with a thin spirit varnish or
thin furniture polish. This will bring out the density of the burned
lines, and enrich a design that on certain woods might seem flat. Too
much varnish must be avoided, and only a very thin coat will be
necessary to obtain the desired result.

A Platinum-point Outfit

In preference to the hand-made irons, which must be heated each

time before using, the modern devotees of the fire-etching art use
the gasolene lamp and platinum-point apparatus. These outfits may
be purchased at the art shops for a comparatively small sum, but the
young craftsman may want to make his own apparatus. With the
exception of the platinum-point and its metal holder, this is quite
possible.
 The parts of a gasolene outfit are the bulb, rubber tubing,
platinum-point and handle, reservoir-bottle, metal union-cork, and a
spirit-lamp. The latter may be purchased at a drug or hardware store
for a few cents; but a good-working one can be made from a square
or round bottle, a cork with a hole through it to receive a piece of
brass tubing, and a piece of round lamp-wicking. (See Fig. 7).
Heat a piece of wire red hot, and burn a hole through the cork
large enough to slip in a piece of brass tubing a quarter of an inch in
diameter. Pass the lamp-wick through the tubing, and allow an inch
or two of wicking to rest at the bottom of the bottle. This lamp should
be filled half full of alcohol, and it is used to heat the platinum-point
at first; after that the rush of gasolene vapor will keep the tool red
hot. The gasolene reservoir is a square bottle with a fairly large neck
into which is fitted the metal union-cork. If it is not possible to
purchase this cork, then one can be made as shown at B in Fig. 8.

Fig. 7. Fig. 8. Fig. 9. Fig. 10. Fig. 11. Fig. 12. Fig. 13. Fig. 14. Fig. 15. Fig. 16.

From a solid piece of lead one and a half inches long, three-
quarters of an inch wide, and one and a quarter inches deep, cut a
lug, with a knife and file, having two projecting ears as shown at C in
Fig. 8. The lower part is half an inch in diameter and three-quarters
of an inch long. With a hot iron burn a hole in a cork so that the lower
end of the lug will fit within it, as shown at D in Fig. 8. With a small
drill bore a hole in the end of each ear. These holes should run
through towards the middle of the lug, taking care, however, not to
bore too far, since the holes must not meet. Bore two holes up
through the lower part of the lug so that each will meet one of the
holes bored through the ears, as shown by the dotted lines at A in
Fig. 8. By this construction the air forced through a tube connected
with one ear travels through that ear and down into the bottle; then
up through the other hole and out at the opposite ear, where another
tube is attached that leads to the platinum-point. The end of an old
syringe can be used for the supply bulb, and for the pressure bulb
there is nothing better than the inner bladder of a football, if it can be
provided with an extra tube so that air may be forced in at one end
while it is escaping at the other. This rubber balloon can be inflated
to twice its normal size if care is taken not to blow it up too large. As
a precaution against its destruction, it would be well to make a
protective net from cotton string with a small mesh. This is easily
done by making a wire hoop the diameter of the bladder when blown
to its safe size; then loop cotton string over it, as shown in Fig. 9,
and tie the knots forming the meshes as shown at the left side of the
same drawing. Continue the work until a cylindrical net is formed
about three or four inches longer than the size of the inflated bladder.
With a draw-string the open ends of the net can be drawn together
after the bladder is placed within it. The outlet of the bladder is
connected by a rubber tube to one ear of the cork, and another tube
leads from the opposite ear to the platinum-point and holder.
The holder is simply a piece of brass tubing at one end of which a
coupling is made fast. This tube is pushed through a cork handle, or
the covering can be made by burning holes through corks and
slipping them over the tube, at the same time using thick shellac to
act as a glue and hold the corks to each other and to the brass tube.
The cork covering should be heavier near the point end, because the
tube becomes hot from the superheated platinum-point. This handle
should be three-quarters of an inch in diameter, and gradually
tapered to half an inch at the back, as shown at Fig. 10. The brass
tube should be five inches long and the cork handle about four
inches in length. Half an inch of the tube projects beyond the back,
or top, of the handle, and over this end a piece of rubber tubing is
slipped. A complete outfit should contain three points—one sharp,
one round, and one curved. These can be purchased at almost any
art store, and should appear as shown in Fig. 11, A being the sharp
point, B the round one, or grounder, and C the curved, sharp-ended
point that is used for fine work and light lines in shading or
background.
A good platinum-point can be bought for one dollar and a half; but
better ones will cost all the way from two dollars to five. If a boy has
points B and C in his outfit, he can do some very good work; but
should it be possible to have one only, then the curved point C
should be the choice, since with that tool almost everything can be
done.
The principle of the gasolene pyrographic outfit is very simple. The
reservoir-bottle is filled half full of gasolene, or benzine (62°), which
can be had at a paint store for twenty-five cents a gallon. The union-
cork stopper is then pushed down, and the platinum-point screwed in
place at the end of the handle. Light the spirit-lamp and hold the
platinum-point in the flame until it is cherry-red; then squeeze on the
supply-bulb and fill the pressure-bag. The air forced through the first
section of rubber tubing goes down through one hole in the cork,
picks up some gasolene vapor from the reservoir-bottle, and passes
along the second section of tubing to the point, where it escapes
through a very small hole at the side. Directly the vapor reaches the
flame it ignites, and the hot point is kept in its heated state so long as
the pressure of the bulb forces the gasolene vapor out through the
hole.
Do not bear hard on the wood when working. The heated metal
will char the wood easily if gentle pressure and several strokes are
used. Points A and B (Fig. 11) can be used on all sides and on end,
but point C should be used only on its curved edge, as shown at A in
Fig. 12; never as shown at B.
 When both hands are needed for the work of holding the material
and tool, a convenient foot device can be made, as shown in Fig. 13.
This is a pressure-jack made from two boards, the upper one being
cut and hinged, as shown in the drawing. The boards are twelve
inches long and three inches wide, the short end of the top one
being attached to the bottom plate with glue and screws. The wood
should be three-quarters or seven-eighths of an inch thick, and it
may be given a coat of shellac or varnish to improve its appearance.
If a constant supply of air-pressure can be had without the
bothersome hand or foot bulbs, it makes it so much easier to master
the art of pyrography.
Any ingenious boy who has a foot pump, such as are used for
bicycle or automobile tires, can get an old boiler from a plumber and
rig up a pressure-tank such as is shown at Fig. 14. A small pressure-
gauge should be screwed fast on top of the boiler, and two outlets
with brass cocks should be constructed out of one-eighth-inch gas-
pipe, the fittings being purchased at a gas-fitter’s or a supply house.
By means of the pump compressed air can be stored in the tank,
and the pressure will be registered on the gauge. Twenty to twenty-
five pounds will be quite enough pressure for an old boiler, although
sixty pounds is the standard to which most of them are tested when
new. The advantage of the two outlet-pipes will be appreciated when
working, because each can lead to a different sort of point, and this
will save the time and bother of changing points frequently for
different parts of the work.

The Practice of Pyrography

Basswood, deal, and white-wood are the material most commonly

employed for this work, since the grain is close and the color even.
Almost any soft wood, however, can be used, and the boy who has
mastered the craft of carpentry can make his own boxes, frames,
stools, chairs, and miscellaneous wooden objects, and then
embellish them with designs drawn in lead-pencil, the lines of which
it will be an easy task to follow with the hot platinum-point.
 Small picture-frames can be made from one piece of wood, but
they are better, and will last longer, if made from two pieces. For a
small round frame a pretty pattern is shown in Fig. 15. This can be
made from six to twelve inches in diameter, and the frame proper
should be from two to four inches wide, having an opening for the
picture from two to four inches in diameter. The easiest way to make
a frame is in two pieces, as shown in Fig. 16, the left side
representing a narrow frame and the right a wider one.
From holly or basswood one-eighth or one-quarter of an inch thick
cut a disk six inches in diameter, and at the middle cut an opening
three inches in diameter. Strike the circle with a compass; then use a
fret-saw to do the cutting. From pine or white-wood half an inch in
thickness cut a disk five and a half inches in diameter and at the
middle a hole four inches in diameter. Lay the thin disk down on a
table, and after applying glue to one surface of the smaller but
thicker disk place it, glue-side down, on the larger disk, taking care to
have the grain of the two pieces run in opposite directions. See that
the disks are adjusted so that one is centred directly over the other;
then impose a piece of board on top of the frame, and put fifteen or
twenty pounds of flat-irons or other heavy weights on the board to
press the two wood pieces together. Leave them for several hours;
then remove the weights and clean off the hard glue that may have
oozed out from between the disks. Give the back of the frame two
coats of shellac to prevent the wood from absorbing moisture, and it
will then be ready for the design and the pyrographic ornamentation.
By using the two pieces of wood, a rabbet is thereby formed for the
glass and picture. If the frame had been made from one piece it
would have necessitated the cutting of a rabbet. The design of holly
leaves and berries is a pretty one, and quite simple to draw and
burn.

A Few Suggestive Designs

A long picture-frame with three oval openings is shown in Fig. 17.

This is made from two pieces of wood, as described for Fig. 15, and
then embellished with the design and pyrographically treated.
 Fig. 17. Fig. 18. Fig. 19. Fig. 20. Fig. 21.

In Fig. 18 an idea for a stool is shown. This little piece of furniture

can be made of white-wood by the boy who has learned to handle
tools. The legs are two inches square and fifteen inches high. The
side-boards are each twelve inches long, four inches wide at the
ends, and three inches at the middle; they are arched or crowned, as
shown in the drawing. Blocks of wood are glued and screwed to the
inner edge of each end, and these in turn are made fast to the upper
parts of the legs. The top is sixteen inches square, with the corners
cut out, so that it will fit down on the top of the side-rails and between
the tops of the legs. Strips of wood three-quarters of an inch square
should be glued and screwed to the under side of the seat at the four
sides, and these in turn must be made fast to the top inner edges of
the side-rails.

Leather-work

When embellishing leather, select the quality that is best adapted

to pyrography. It must not be too thin, as the hot point would quickly
perforate and cut it. Cowhide, Suède, calf, sheepskin, heavy kids,
and binding leathers are best adapted to this work. Purses, bags,
mats, boxes, travelling-rolls, and valises are made in leathers that
are admirably adapted to pyrography, and these should be
purchased rather than made, for leather-working is a craft that would
not interest the average boy.
An heraldic pattern for a small pigskin or cowhide purse is shown
in Fig. 19, and Figs. 19, 20, and 21 are designs adapted to different
kinds of purses, wallets, and bill-books. It is, of course, impossible to
lay down any specific sizes for these patterns, as the sizes of leather
goods vary.
To improve the appearance of floral patterns, it is desirable to tint
or stain flowers, leaves, berries, and stems in their natural colors.
This can be done on the unfinished wood, either before or after the
outlines and background are burned. Oil or aniline stains may be
used for this purpose. If a dead finish is desired, the wood can be left
without further treatment, except for a thin coat of beeswax and
turpentine. If a glossy finish is preferred, the wood must be treated to
several thin coats of white shellac; then a finishing coat of white
dammar-varnish is applied and left to dry for several days. The
inside of boxes should be “grounded” and shellacked, and at the top
and bottom pads made of card-board, cotton-filling, and silk should
be glued fast.
 Chapter XIII
BOOKBINDING AND EXTRA-ILLUSTRATION

There must be many boys who would like to know the simple
methods of binding books, so that they can do it without the aid of
machinery or costly tools. They are probably aware that when the
material of a book comes from the hand of the printer, it consists of a
number of large sheets that are commonly twenty inches long and
fifteen broad. Eight pages of the book are printed on each side of a
sheet in such a peculiar order that when the sheet is properly folded
the pages will be correctly arranged by the numbering. To see how
this is, take a sheet of paper that measures fifteen inches by twenty.
With a ruler and pencil draw lines across the sheet so as to divide it
into eight equal parts. Each of these parts is a page. Number them
as shown in Fig. 1. Turn them over and number the pages on the
other side as shown in Fig. 2. Now to fold the sheet, lay it on the
table with the side up that has on it 2, 15, etc.; bring page 3 over
upon page 2, creasing the sheet in the middle. Then the four pages
lying upward will be numbered 4, 13, 12, 5. Bring page 5 over on
page 4, and crease in the middle again. Pages 8 and 9 will now lie
upward. Fold 9 over on 8, and the sheet will be folded as it should
be, and is now called a signature. In a book there may be twenty or
thirty, or more such signatures, which are numbered so that the
binder will know in what order to place them. These numbers are
placed at the bottom of the first page in each signature.

The Tools

Before beginning the work of binding, a few preparations must be

made, and first of all a press is indispensable. This is very easily
made. Take two pieces of board, of some close-grained hard-wood,
about one and a quarter inches thick and a little larger than any book
you are likely to undertake to bind. Eighteen by twenty inches will be
found the most useful size. Lay your boards together, and with an
inch auger bore through both three holes at each end of the boards
about an inch back from the edge. Now make six pegs of hard-wood
—white oak is excellent—about six inches long, and fit them tightly
into one of your two boards, on one side of it; that is, the pegs should
all stand out at one side. (Fig. 4.) When this is done, carefully work
down the size of the pegs until they will pass freely through the holes
in the other board, so that the two boards may be separated or
brought close together as required. The loose or movable board (Fig.
5) should be fitted with a backstay or two, so that it will stand
edgewise on a table, and the two boards together will thus form a
sort of upright press or vise.
 THE PRACTICE OF BOOKBINDING

Fig. 1. Fig. 2. Fig. 3. Fig. 4. Fig. 5.

In order to furnish your press with power, you must now pass four
large iron “wood-screws” loosely through the blank outer edge of the
movable board into holes in the corresponding edge of the other
board, where they should “bite.” When a book is put into the press it
is a very easy matter to tighten the screws so as to hold it firmly. This
simple, inexpensive, and easily made press may be improved in
various ways; screws with winged nuts may be used, etc., but in its
simplest form it will be found sufficient for all the demands the
amateur binder is likely to make on it.
Next in importance to the press is the hammer, and this is the only
tool you will be likely to have to buy. It should be heavy, weighing at
least twelve or fourteen pounds, and should be rounded at the ends.
This is used for beating and compressing the books, shaping their
backs, etc. If you live near a foundry it is quite easy to make a model
of wood or clay and have a hammer cast. In any case, it is not an
expensive tool—any blacksmith can hammer one out in a short time.
The glue-pot may be almost any little crockery dish, but it should
never be put on the stove. If you have no regular glue-pot, you can
melt your glue in an old cup placed in a saucepan of boiling water.
Besides the press, hammer, and glue-pot, you must have a pair of
scissors and a few simple but sharp-cutting tools. When these things
are all prepared you are ready to bind your book.

The Practice of the Art

After removing everything that is not to be included in your

volume, place the “signatures” or parts together in regular order,
striking the backs gently on the table or bench to get them even.
Then place them on a block and beat with the hammer so as to
flatten and compress them as much as possible. Then they should
be put very carefully into the press and the screws tightened firmly,
so as to hold the volume steady. The back should project about one
inch above the edge of the press. Now, with a common hand-saw,
cut four slits across the back at regular intervals, not deeper than the
teeth of the saw. Take the book from the press, and into each of
these slits or nicks lay a piece of stout cord or twine (not too thick),
and to these cords all the signatures forming the book must be
fastened with pack-thread. A necessary aid to this sewing process is
a small square frame of light wood. The cords must be tied to this
below and above, as shown at Fig. 3, and the lower part of the frame
must be sufficiently broad and flat for the book to lie upon it. After the
cords are laid into or passed through their respective nicks, you must
open the leaves regularly and find the middle of each signature, and
then pass, with a needle, the pack-thread along the inside, but
twisting it around each cord in succession as you go along, making it
fast at the end with a hitch or knot. This is much easier than it
sounds, and with a little practice may be done very quickly. When
you have finished the sewing cut away the cords, leaving an inch
and a half or so on each side, which is left to make the attachment to
the cover. This completes the first stage of the binding.
The book must now be replaced in the press, and its back covered
with a good coat of glue melted in the manner already described.
Leave it in the press until the glue is thoroughly dry. In the mean time
measure the breadth of the back and go ahead with the preparation
of your cover, which may be made as follows:
Cut two pieces of thin pasteboard a little larger than your book.
Also cut a piece of cloth—calico, linen, or muslin—so much larger
than both pieces of pasteboard either way as to allow for the back
and the turning in. Down the middle of this paste three or four strips
of the same goods to strengthen the back. Carefully measure the
length and breadth of the back, and lay your pasteboard covers on
the table, leaving the space of the back between them. Now put on
your cloth, turning it around the edges of the covers, carefully
avoiding creasing or wrinkling, and lightly glue it fast as shown at
Fig. 10. Your cover is now made and must be allowed to dry. Next
take your book from the press, unravel and soften the projecting
ends of the cord, and wet them with strong glue. Lay the book down
carefully on its back into the cover and glue down the cords to the
sides. The book should be supported in this position, which can be
done in any number of ways, and a slip of cloth glued down over the
cords to hold them steady. Then paste over all this a sheet of white
or fancy paper to line each cover, and when the job is dry your work
is done.
 Nothing has been said about cutting the edges of the book, as that
is usually done on a machine; but if you are able to trim them clean
with a sharp knife, so much the better. To do this, place the book into
the press before putting on the cover, bringing up each edge of the
three exposed ones successively, and while held there firmly, cut
them carefully with a sharp knife or shoemaker’s cutting-tool. Any
little inequalities may afterwards be taken down with sand-paper.
The edges when cut may be spattered with any color desired by
using a common tooth-brush and water-colors.

Fig. 6. Fig. 10.

To put on the title in gilt letters, the binder applies a little of the
white of an egg over the space where the letters are to be. When this
is dry, rub the leather with a rag slightly greased, and then lay on the
gold-leaf. Next take common type used by printers, heat them a little,
and stamp on the letters. The heat makes the gold-leaf stick where it
is wanted, and the rest is rubbed off with a rag. All the gilt
ornamentation on book covers may be put on in a similar manner.
To get a clear understanding of these directions the boy craftsman
should examine different kinds of books very closely; and if he has
an old and valueless one he can take it to pieces and put it together
again. Perhaps he can improve its condition. At least he will learn
some of the minor details. He must remember that in bookbinding,
as in all other arts, patience and repeated trials are requisite for
acquiring the skill that produces neat and handsome work.
 Rebinding Books

It is not always possible for a boy to purchase cloth-bound

volumes of his favorite authors, as they cost quite a little money. But
he may often procure them in paper covers, and if he is careful to
select stitched books, rather than those simply caught together with
wire or “wire sewed,” as they are termed, it will be possible for him to
rebind them in cloth at a slight expense.
To begin with, strip off the paper cover, taking care not to tear the
printed title on the cover, nor that at the back of the book, if it is
possible to save it. Both of these will be useful in the rebound
volume. With a penknife and sand-paper remove as much as
possible of the paper cover that has been glued to the back of the
book, taking care not to cut away any of the stitching; otherwise the
book would fall apart. The book in this condition, ready for its “case”
or cover, is shown in Fig. 6. If the signatures have been caught
together with wire, remove the latter with a pair of pliers; then sew
the pages as already described. Get two pieces of white paper the
same thickness and quality of which the book is made, and fold them
over once, as shown in Fig. 7. With paste or liquid glue attach one at
each side of the book by running the paste along one side of the
folded edge of paper for a quarter of an inch, as shown by the
shaded line in Fig. 7. This is called “tipping,” and where a page or
two have become detached or not properly bound in, this method is
employed to reset it.
When these pages are in place, trim them so as to correspond to
the size of the book; then glue the back of the book well and attach a
piece of crash to the back as shown in Fig. 8. The crash should be a
trifle shorter than the height of the book, or about half an inch at
each end, and there should be at least an inch of the material on
either side of the book, as shown in the illustration. This material is
known as “crash” in the bookbinding trade, but it is nothing more
than a coarse-thread cloth with open mesh, and it is sold in dry-
goods stores under the name of crinoline.
From clay-board or stiff card-board, binders’ board, or strawboard,
cut two pieces an eighth of an inch wider and a quarter of an inch
longer than the actual size of the book. These are for the front and
back corners. Lay the binding material—buckram, cloth, or leather—
on a table or smooth board face down. Now, with a lead-pencil, mark
two parallel lines through the middle, as far apart as the thickness of
the book plus the thickness of the covers, as shown at A A in Fig. 9.
Then mark a line across one end at right angles to these, as shown
at B. Apply glue to the covering material and place the card-boards
on the spaces C C, so that the inner edge and top of each board will
line with the pencil-marks A and B. Press the boards down with the
fingers; then turn the cloth and boards over and press with a dry
cloth, rubbing over the surface to drive down the cloth in any place
where it does not seem to have adhered. With scissors or a knife cut
off the corners as shown at D, taking care not to approach too close
to the corner of the boards. Leave about one-eighth of an inch of
cloth beyond the corners, so that it will cover them when the edges
of the cloth are turned over. These edges should be about half an
inch in width. After applying glue to them, lap them over on the card-
boards, as shown at Fig. 10, and rub them with the soft cloth to drive
out all air from between these edges and the boards.