Legal Opinions

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21
1498
BANKING
whether Commonwealth has power to guarantee payment of deposits and other liabilities of State Savings Bank: power to make laws with respect to ‘banking, other than state banking’: whether operations of state savings bank are ‘state banking’
R. R. Garran
13 October 1931
constitution s 51(xiii)

The Secretary to the Treasury has forwarded the following memorandum to me for advice: The question has been raised whether the Commonwealth has power to legislate so as to provide that the ...

22
1499
commonwealth bank whether commonwealth bank is commonwealth government instrumentality: application of state Interest Reduction and Moratorium legislation: immunity of instrumentalities: inconsistency
R. R. Garran
27 October 1931
INTEREST REDUCTION ACT 1931 (NSW): MORATORIUM ACT 1930

The Secretary, Department of the Treasury, has forwarded the following for advice: I append for your information a copy of a letter of 7th October, addressed by the Chairman of the Commonwealt...

23
1500
Statute of Westminster
text of Bill for Statute of Westminster: provisions relating to imperial legislation dealing with matters within exclusive power of States: request for legislation by state alone: request for legislation by commonwealth alone
R. R. Garran
18 November 1931
STATUTE OF WESTMINSTER 1931 (U.K.) (22 & 23 Geo. V c. 4)

The Secretary, Prime Minister’s Department, forwards a communication from the United Kingdom giving the text of the Bill for the Statute of Westminster which is about to be introduced in the Par...

24
1501
elections
disqualification from enrolment: person convicted and under sentence for offence punishable by imprisonment for one year or longer: person sentenced to more than one year and released on probation before expiry of one year: person convicted or discharged conditionally on appearing for conviction and/or sentence if required
Geo. S. Knowles
03 December 1931
COMMONWEALTH ELECTORAL ACT 1902 s 39(4) : OFFENDERS PROBATION ACT 1913 (SA)

The Chief Electoral Officer has forwarded the following memorandum for advice: The following communication has been received from the Commonwealth Electoral Officer for South Australia —...

25
1502
Northern Territory : State Children
sending of state children from northern territory to other states: power of governor-general to make ordinance permitting removal of state children from northern territory to other parts of australia: whether provision ‘in and in relation to the territory’
R. R. Garran
08 December 1931
STATE CHILDREN ACT 1895 (SA) ss 4, 16, 22, 52, 53, 77: CONSTITUTION s 122 : NORTHERN AUSTRALIA ACT 1926 s 59: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910 s 21

The Secretary, Department of Home Affairs, has forwarded the following memorandum to me for advice: With reference to your memorandum of the 23rd October, 1930, No. 30/19531 on the above sub...

26
1503
Public Service
defamation of one officer and his daughter by another officer: successful action for slander resulting in award of damages: statements of scandalous and highly offensive nature: whether ‘disgraceful and improper conduct’: competence of disciplinary proceedings
Geo. S. Knowles
26 February 1932
Commonwealth Public Service Act 1922 s 55(1)(e)

The Secretary, Public Service Board, has forwarded the following memorandum for advice: The accompanying file of papers refers to an action for slander brought by Mr T., Head Lightkeeper, Ma...

27
1504
defence regulations
regulations under defence act: time when regulations come into effect: notification in gazette: ‘thereupon’: effect of provision that regulations come into operation ‘forthwith’: retrospectivity to date of making of regulations by governor-general: retrospectivity to some other date
Geo. S. Knowles
10 March 1932
DEFENCE ACT 1903 s 124 : RULES PUBLICATION ACT 1903 ss 3(1), 4 : ACTS INTERPRETATION ACT 1901 s 10

The Secretary, Department of Defence, has forwarded to me for advice the following communication: With reference to your Opinion No. 159 of 1930, of the 18th September, 1930(1), on the above...

28
1505
Elections
resignation of senator: method of filling vacancy: disputed election of senator by state houses of parliament: procedure for settlement of issue by court of disputed returns: inappropriateness of advising chief electoral officer
Geo. S. Knowles
18 March 1932
SENATE ELECTIONS ACT 1903 s 9(1): Commonwealth Electoral Act 1918 ss 95, 183, 184, 185, 189, 195: CONSTITUTION ss 15, 44

The Chief Electoral Officer has submitted the following memorandum for advice: Senate casual vacancy – Resignation of Senator Duncan. Submitted for favor of advice: A question ha...

29
1506
aviation
regulation of intrastate aviation: incomplete referral of power: regulation of intrastate aviation in new south wales in absence of referral of power: application of new south wales legislation to interstate aviation
Geo. S. Knowles
06 May 1932
STATE TRANSPORT (CO-ORDINATION) ACT 1931 (NSW) ss 3, 12, 14, 18: AIR NAVIGATION ACT 1920: CONVENTION RELATING TO THE REGULATION OF AERIAL NAVIGATION DONE AT Paris on 13 October 1919: CONSTITUTION s 51(xxxvii): AIR NAVIGATION ACT 1920 (U.K.) (10 &11 Geo. V c. 80)

The Secretary, Department of Defence, has forwarded to me for advice the following memorandum: It is noted that the New South Wales State Transport (Co-ordination) Act 1931 (Act No. 32 of 1931...

30
1507
Interstate Commission
commonwealth powers with respect to railways: establishment of authority other than Interstate Commission to regulate standards of railways, rates and conditions of carriage and freight: powers of adjudication and administration of matters concerning Interstate trade: effect of failure to appoint members of commission
Geo. S. Knowles
13 June 1932
Interstate COMMISSION ACT 1912 Part 5 : CONSTITUTION ss 51(i), (xxxii), xxxiii), xxxiv), 98, 101, 102

The Commissioner, Commonwealth Railways has forwarded to me for advice the following Communication: As you know, in September 1930 I prepared a comprehensive paper on the Australian Railways ...

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