Legal Opinions

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61
1437
Interstate and Overseas Shipping
interstate and overseas shipping: power of commonwealth to assume control of loading and unloading of vessels: power to issue licences to persons engaged in shipping industry: suspension and cancellation of licences: ‘navigation and shipping’
R. R. Garran
14 September 1928
CONSTITUTION ss 51(i), 98: SEAMEN’S COMPENSATION ACT 1911

The Comptroller-General of Customs asks for advice on the question raised in the following memorandum: An all-Union Conference of the Waterside Workers’ Federation of the Commonwealth ...

62
1438
Coasting Trade
VESSEL ENGAGED IN COASTING TRADE TRAVELLING TO ANOTHER STATE TO ENGAGE IN COASTING TRADE THERE: WHETHER DURING THAT VOYAGE REGARDED AS ENGAGED DIRECTLY OR INDIRECTLY IN TRADE OR COMMERCE WITH OTHER COUNTRIES OR AMONG THE STATES: ENGAGEMENT IN INTERSTATE INTERCOURSE: ARTICLE OF COMMERCE: APPLICATION OF NAVIGATION ACT
R. R. Garran
18 September 1928
NAVIGATION ACT 1912 ss 2(2), 7, 39, 288: CONSTITUTION covering cl 5, ss 51(i), (xxxix), 98

The Comptroller-General of Customs has forwarded me the following memorandum for advice: The ‘Narrabeen’, a small steamer, has been employed for some years in the carriage of car...

63
1439
Immigration
LIABILITY OF MASTER, OWNERS ETC OF VESSELS IN WHICH PROHIBITED IMMIGRANT ARRIVES TO REPATRIATE IMMIGRANT AND MEET COSTS OF DETENTION: SALE OF SHIPPING LINE: WHETHER NEW OWNERS LIABLE TO MEET COSTS INCURRED PRIOR TO PURCHASE: SALE OF AUSTRALIAN COMMONWEALTH SHIPPING LINE: LIABILITY OF COMMONWEALTH SHIPPING BOARD
R. R. Garran
27 September 1928
IMMIGRATION RESTRICTION ACT 1901 s 13A

The Secretary, Department of Home and Territories, has forwarded the following memorandum to me for advice: With regard to section 13A, sub-section (1) of the abovementioned Act, which reads a...

64
1440
Broadcasting
POWER OF COMMONWEALTH TO CONTROL WIRELESS BROADCASTING OF FIXED AND MOVING PICTURES: WHETHER TRANSMISSION OF PICTURES BY WIRELESS TELEGRAPHY IS THE TRANSMISSION OF ‘MESSAGES’ WITHIN THE MEANING OF THE WIRELESS TELEGRAPHY ACT
R. R. Garran
30 October 1928
WIRELESS TELEGRAPHY ACT 1905

The Director of Postal Services has forwarded for advice the following memorandum: The Wireless Broadcasting Advisory Committee in its examination of the prospective developments in the sphe...

65
1441
New Guinea
EXPROPRIATED PROPERTY OF GERMAN MISSIONS IN NEW GUINEA: WHETHER CONTROL AND PROPERTY MAY BE HANDED BACK TO PREVIOUS OWNERS GERMAN MISSIONARY SOCIETIES: APPOINTMENT OF TRUSTEES
R. R. Garran
01 November 1928
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY done at Versailles on 28 June 1919 [1920] ATS 1 (Treaty of Versailles) arts 436, 438: GERMAN MISSIONS ORDINANCE 1926 (NG) s 5

The Secretary, Department of Home and Territories, has forwarded me the following minute for advice: With reference to your opinion No. 26 of 1927,(1) your papers 867/7/41, and previous corr...

66
1442
NATIONAL INSURANCE
WHETHER COMMONWEALTH HAS CONSTITUTIONAL POWER TO EXTRACT CONTRIBUTIONS FROM STATE GOVERNMENT EMPLOYER IN RESPECT OF SCHEME OF NATIONAL INSURANCE: WHETHER STATE GOVERNMENT EMPLOYEE COULD BE ACCEPTED AS VOLUNTARY CONTRIBUTOR: INSURANCE POWER
R. R. Garran
01 November 1928
NATIONAL INSURANCE BILL 1928: CONSTITUTION s 51(xiv), (xxxv)

I am in receipt of the following minute from the Secretary to the Treasury upon which he requests to be supplied with advice: I am directed to ask if you will kindly advise whether the Commonw...

67
1443
New Guinea
NEW GUINEA: EXPROPRIATED PROPERTY: CALCULATION OF AMOUNT TO BE PAID TO GERMANY UPON REALISATION OF ASSET
R. R. Garran
24 November 1928
EXPROPRIATION ORDINANCE 1920 (NG) s 4B(1): TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY done at Versailles on 28 June 1919 [1920] ATS 1 (Treaty of Versailles) Annex Part X, s IV para 4

I have received from the Auditor-General the following memorandum requesting advice: Now that the expropriated properties of ex-enemy nationals in the Territory of New Guinea have been dispose...

68
1444
GENEVA CONVENTION
DRAFT GENEVA CONVENTION ON ARMS AND AMMUNITION: POWER OF COMMONWEALTH TO EXERCISE CONTROL OVER PRIVATE MANUFACTURE OF ARMS AND TO ISSUE LICENCES TO MANUFACTURERS: TRADE AND COMMERCE POWER: DEFENCE POWER: EXTERNAL AFFAIRS POWER
R. R. Garran
20 May 1929
DRAFT GENEVA CONVENTION ON ARMS AND AMMUNITION arts 3, 4, 5: CONSTITUTION s 51(vi)

The Secretary, Prime Minister’s Department, asks for advice on the questions raised in the following memorandum: I would be glad if you could please furnish me with your advice on the fo...

69
1445
AUSTRALIAN BANK NOTES
WHETHER IT IS THE PREROGATIVE OF THE RULING SOVEREIGN ALONE TO APPEAR IN EFFIGY ON THE NATIONAL CURRENCY
R. R. Garran
21 May 1929
COMMONWEALTH BANK ACT 1911 ss 60A, 60G, 60H: AUSTRALIAN NOTES ACT 1910: COINAGE ACT 1909 s 8

The Assistant Secretary, Prime Minister’s Department, has forwarded for advice the question as to whether it is the prerogative of the ruling sovereign alone to appear in effigy on the national ...

70
1446
GENEVA CONVENTION
DRAFT GENEVA CONVENTION ON ARMS AND AMMUNITION: POWER OF COMMONWEALTH TO EXERCISE CONTROL OVER PRIVATE MANUFACTURE OF ARMS AND TO ISSUE LICENCES TO MANUFACTURERS: DEFENCE POWER: EXTERNAL AFFAIRS POWER
J. G. Latham
22 May 1929
CONSTITUTION s 51(vi), (xxix)

I have read the opinion of the Solicitor General dated 20.5.1929,(1) and I agree in his view that the defence power extends sufficiently far to make it possible for the Commonwealth Parliament to make...

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