Legal Opinions

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101
1578
MARKETING OF BANANAS: POWER OF COMMONWEALTH
MARKETING OF BANANAS: POWER OF COMMONWEALTH TO create Marketing Board to control marketing of bananas intraState and interState: TRADE AND COMMERCE POWER: POWER OF Commonwealth TO licenSe agents in each State to sell bananas under conditions: POWERS OF STATES
Geo. S. Knowles
01 April 1935
Primary Producers’ Organisation and Marketing Act 1926 (Qld): MARKETING OF Primary Products Act 1927 (NSW): Dried Fruits Act 1928: Dairy Produce Act 1933: constitution s 51(i)

The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice: I desire to inform you that at a conference of banana interests held at South Grafton on the 2...

102
1579
TAXATION
TAXATION: CREATION OF APPELLATE COURT: POSSIBILITY OF ONE COURT DEALING WITH APPEALS UNDER BOTH STATE AND FEDERAL TAXATION LEGISLATION: TENURE OF JUDGE: APPELLATE JURISDICTION OF HIGH COURT: REMUNERATION OF JUDGE: RESTRICTION OF RIGHT OF APPEAL TO HIGH COURT TO QUESTIONS OF LAW: APPEALS FROM STATE COURTS
Geo. S. Knowles
13 April 1935
constitution s 73

The Royal Commission on Taxation has made the following recommendation: We recommend, therefore, that a tribunal consisting of a single judge should be constituted with jurisdiction to review ...

103
1580
WHEAT MARKETING: COMPULSORY WHEAT POOL
WHEAT MARKETING: COMPULSORY WHEAT POOL: intrastate trade: interstate trade: POWERS OF STATES AND COMMONWEALTH: FREEDOM OF Interstate TRADE: PROHIBITION OF Interstate TRADE: REFERRAL OF POWERS: ACQUISITION OF PROPERTY: SINGLE POOL OPERATING UNDER STATE AND FEDERAL LAW: PARALLEL STATE AND FEDERAL LEGISLATION
Thos. C. Brennan
22 May 1935
constitution ss 51(i), (xxxi), (xxxvii), 92 : Dried Fruits Act 1928

I have been asked to advise as to the power of the Commonwealth, either alone or in conjunction with the several States, to establish a compulsory wheat pool or wheat pools. Source of power Th...

104
1581
FIREARMS: duty of care
FIREARMS: responsibilities of officer at Common Law in event of discharging Departmental pistol in course of official duties: DUTY OF CARE: use in defence of person or property
Geo. S. Knowles
14 June 1935

I am in receipt of your memorandum dated 31 May 1935, forwarding request by the Official Receiver, Brisbane, for advice as to the responsibilities at common law of an officer in the event of his disch...

105
1582
taxation
taxation: validity of additional tax of minimum amount in event of default: whether penalty: whether exercise of judicial power: whether law dealing with matter other than imposition of taxation: nature of power of remission
Geo. S. Knowles
17 July 1935
Income Tax Assessment Act 1922 Part VII, ss 4, 56, 67 : constitution ss 55, 71: War-time Profits Tax Assessment Act 1917 s 34

I am in receipt of your memorandum No. J. 207/108, of 24 June 1935 requesting my views with regard to the validity of section 56 and 67 of the Income Tax Assessment Act 1922–1934 and as to the b...

106
1583
papua: extent of territory
papua: whether reef distant more than three miles from coast is legally part of Territory: whether laws of Territory relating to fishing apply in respect of the reef: whether reef is an ‘island’
Geo. S. Knowles
23 July 1935
Papua Act 1905 s 5: Letters Patent dated 8 June 1888 for Erecting certain british territory in new Guinea and adjacent islands into a separate possession, British Government Gazette Extraordinary 4 Sep 1888

The Secretary, Prime Minister’s Department, has forwarded the following letter received from the Lieutenant-Governor of Papua, and asks for my advice in regard to the inquiry made in the final p...

107
1584
taxation
taxation: validity of Appellate Tribunal for Commonwealth and State Income Tax purposes: appointment of one person to constitute Court of Review for objections against all assessments Federal and State: separate court for each state with same judge and state and federal jurisdiction: appeal : tenure of judge: expenses of court
Robert G. Menzies
12 September 1935
constitution s 73

I am in receipt of your letter of 3 September 1935, requesting my views on the proposals of the Chairman of the Royal Commission on Uniform Income Tax Legislation for the constitution of an appellate ...

108
1585
extradition
EXTRADITION: ISSUE OF COMMISSIONS TO ALL STATE GOVERNORS AUTHORISING THEM TO ACT AS DEPUTIES OF GOVERNOR-GENERAL IN EXTRADITION CASES: WHETHER THERE IS ANY NECESSITY FOR ISSUE OF FRESH COMMISSIONS WHEN GOVERNOR-GENERAL BY WHOM EXISTING COMMISSIONS WERE ISSUED CEASES TO HOLD OFFICE
Geo. S. Knowles
16 September 1935
Extradition Act 1903 ss 4, 43: constitution s 126: Letters Patent issued under constitution s 126 by Her Majesty Queen Victoria on 29 October 1900

I am in receipt of your memorandum of 23 July 1935 requesting advice as to the necessity for the issue of Commissions to all State Governors authorising them to act as deputies of the Governor-General...

109
1586
House of Representatives Standing Orders
House of Representatives Standing Orders: questions arising to be determined by majority of votes: ‘question’: validity of orders requiring fewer votes: whether power to make rules and orders with respect to order and conduct of business and proceedings confers power to make rules and orders inconsistent with
Geo. S. Knowles
17 September 1935
constitution ss 40, 50: house of representatives Standing Orders 126, 262A, 262B, 407

The Clerk of the House of Representatives has forwarded the following letter to me for advice: It is intended to review the Standing Orders of the House of Representatives when an opportunit...

110
1587
EXCISE
EXCISE: NON-EXCISABLE BEVERAGES: LOW-ALCOHOL CONTENT BEVERAGES: POWER TO ENACT LAWS PREVENTING PERSONS WHO MANUFACTURE IN AUSTRALIA NON-EXCISABLE PRODUCTS FROM DESCRIBING SUCH PRODUCTS AS
Geo. S. Knowles
09 October 1935
FINANCE ACT 1932 (U.K.) (22 & 23 Geo. V c. 25) s 12: CONSTITUTION ss 51(xxxix), 90

The Comptroller-General of Trade and Customs has forwarded the following memorandum to me for advice: Representations have been made to this Department by the Victorian Associated Brewers and ...

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