Legal Opinions

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1488
ISSUE OF COMMONWEALTH TREASURY BILLS TO REPAY STATE OVERDRAFT
ISSUE OF COMMONWEALTH TREASURY BILLS TO REPAY OVERDRAFT ACCORDED TO NSW BY WESTMINSTER BANK: borrowing by Commonwealth on behalf of NSW: APPROVAL OF LOAN COUNCIL: ENFORCEABILITY BY Commonwealth against State OF provisions with respect to such borrowing of Financial Agreement BETWEEN COMMONWEALTH AND STATE
R. R. Garran
30 April 1931
Financial Agreement between the commonwealth and the states -AGREEMENT dated
12 December
1927 BETWEEN THE COMMONWEALTH OF AUSTRALIA , THE STATE OF NEW SOUTH WALES, THE STATE OF VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF SOUTH AUSTRALIA, THE STATE OF WESTERN AUSTRALIA and THE STATE OF TASMANIA

The following is the text of a memorandum dated 24 April 1931 addressed to me by the Secretary to the Treasury: The Westminster Bank in London has granted an overdraft of £5,000,000 in L...

12
1489
FREEDOM OF INTERSTATE trade, commerce and intercourse
REGISTRATION OF MOTOR VEHICLES: PROPOSAL BY VICTORIA TO EXEMPT FROM
REGISTRATION REQUIREMENT VEHICLES REGISTERED IN ANOTHER STATE OTHER THAN THOSE carrying passengers or goods for hire or in course of trade: WHETHER INFRINGEMENT OF FREEDOM OF INTERSTATE trade, commerce and intercourse
R. R. Garran
06 May 1931
Motor Car Act 1909 (Vic) s 4: constitution s 92

The Secretary, Prime Minister’s Department, has forwarded the following letter from the Premier of Victoria for advice: Adverting to your letter of the 24th ultimo, relative to the quest...

13
1490
TAXATION OF INTEREST ON BORROWING BY COMMONWEALTH
TAXATION: INTEREST ON BORROWINGS BY COMMONWEALTH: WHETHER PROVISIONS OF Loans Securities Act APPLY only to Acts in force at time it was enacted: STATUTORY INTERPRETATION: EFFECT OF FAILURE TO BRING Loans Securities ACT INTO OPERATION AS REGARDS LOANS: APPLICABILITY OF Loans Securities ACT NOT BROUGHT TO ATTENTION OF TAXPAYER
R. R. Garran
28 May 1931
Loans Securities Act 1919 ss 2, 3, 5: Commonwealth Inscribed Stock Act 1911 ss 3, 4, 14, 15, 52B

The Secretary to the Treasury has forwarded me the following minute for advice: Section 3 of the Loans Securities Act 1919 reads as follows: When under any Act the Treasurer has auth...

14
1491
financial agreement
financial agreement: whether certain loans raised by Victoria render Commonwealth liable to pay sinking fund contribution: proceeds of ‘new loan’ applied to meet revenue deficit: whether loan raised to meet revenue deficit
Geo. S. Knowles
17 June 1931
POST AND TELEGRAPH ACT 1901 ss 98, 136: CRIMES ACT 1914 s 14: POST OFFICE (MANAGEMENT) ACT 1837 (U.K.) (7 Will. 4 & 1 Vict. c. 33)

The Secretary, Postmaster-General’s Department, has forwarded the following memorandum for advice: In view of the practice which has grown up in certain parts of the Commonwealth, more...

15
1492
Unemployment Relief Tax
liability of commonwealth officers to pay state Unemployment Relief Tax: possibility of deductions from salary on weekly or fortnightly basis
Geo. S. Knowles
24 June 1931
PREVENTION AND RELIEF OF UNEMPLOYMENT ACT 1930 (NSW) ss 16, 21, 22, 23: UNEMPLOYMENT RELIEF (TAX) ACT 1930 (NSW): UNEMPLOYMENT RELIEF (TAX) AMENDMENT ACT 1930 (NSW) s 2: INCOME TAX MANAGEMENT ACT 1928 (NSW)

The Secretary, Prime Minister’s Department, has forwarded the following memorandum for advice: Recently in Sydney Messrs. N.W. Bourke and A.J. Macpherson of the New South Wales branch...

16
1493
financial agreement
financial agreement: whether certain loans raised by Victoria render Commonwealth liable to pay sinking fund contribution: proceeds of
R. R. Garran
27 June 1931
FINANCIAL AGREEMENT BETWEEN THE COMMONWEALTH AND THE STATES -AGREEMENT DATED 12 DECEMBER 1927 BETWEEN THE COMMONWEALTH OF AUSTRALIA, THE STATE OF NEW SOUTH WALES, THE STATE OF VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF SOUTH AUSTRALIA, THE STATE OF WESTERN AUSTRALIA AND THE STATE OF TASMANIA Part II cl 4(d), Part III cll 3(f), 3(j) : COMMONWEALTH AND STATES FINANCIAL AGREEMENT ACT 1927 Act No. 3554 (Vic) s 9(4)

The Secretary to the Treasury has forwarded me the Treasury file relating to the application by the State of Victoria of certain loan moneys raised under the Financial Agreement, and requested advice ...

17
1494
Foreign Aircraft
aviation: foreign aircraft: carriage of passengers or goods for hire or reward within Commonwealth: whether requirement to register aircraft in australia would be consistent with air navigation convention: imposition of conditions of airworthiness etc upon such use in commonwealth
Geo. S. Knowles
30 September 1931
INTERNATIONAL CONVENTION RELATIVE TO AIR NAVIGATION done at Paris on 13 October 1919 [1922] ATS 6 arts 7, 8: AIR NAVIGATION REGULATIONS Parts IV, V, VII, reg 5

The Secretary, Department of Defence, has forwarded the following memorandum for advice: I am to request your opinion as to whether an aircraft brought into the Commonwealth or the Territories...

18
1495
Posts and Telegraphs
transmission through post of grossly offensive publication: seditious political material:
R. R. Garran
30 September 1931
POST AND TELEGRAPH ACT 1901 ss 41, 48, 52, 107: CRIMES ACT 1914 ss 24A(1)(g), 30A(1), 30E

The Secretary, Postmaster-General’s Department, has forwarded the following memorandum for advice: I am enclosing herewith papers relating to the destruction, by order of the Deputy Dire...

19
1496
Freedom of Trade, Commerce and Intercourse
quarantine: disease known as ‘corky scab’ found in potatoes in tasmania: prohibition by victoria of entry into victoria or carriage over Victorian Railways of potatoes from tasmania: whether contravention of constitutional freedom of trade, commerce and intercourse
R. R. Garran
07 October 1931
VEGETATION AND VINE DISEASES ACT 1915 (No. 2744) (Vic): QUARANTINE ACT 1908: CONSTITUTION s 92: STOCK ACT 1901 (NSW)

The Secretary, Department of Markets, has forwarded the following memorandum for advice: For some time past the Victorian Government has prohibited the entry into Victoria of potatoes from ...

20
1497
Surplus Revenue
payment of surplus revenue to states: meaning of ‘surplus revenue’: ascertainment of surplus revenue: deduction of moneys appropriated but remaining in consolidated revenue fund: significance of payment to a trust fund
R. R. Garran
08 October 1931
SURPLUS REVENUE ACT 1908 s 4: SURPLUS REVENUE ACT 1910 ss 4, 6: OLD AGE PENSIONS APPROPRIATION ACT 1908: COAST DEFENCE APPROPRIATION ACT 1908: CONSTITUTION ss 89, 94

The Secretary, Parliamentary Joint Committee of Public Accounts, has forwarded to me the following communication for advice: Following is an extract from the Annual Report of the Commonwealt...

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