Legal Opinions

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51
1528
prohibited imports
prohibition of importation of material advocating overthrow by force or violence of established government of Commonwealth: publication entitled ‘international press correspondence’ advocating overthrow by force or violence of established government of all countries which have not adopted soviet system: whether prohibited import
Geo. S. Knowles
15 February 1933
CUSTOMS PROCLAMATION No. 221 dated 4 August 1932

The Comptroller-General of Trade and Customs has forwarded to me several copies of the publication ‘International Press Correspondence’ for advice as to whether or not these publications f...

52
1529
INTERSTATE TRANSPORT
CONTROL OF INTERSTATE ROAD TRANSPORT BY STATE TRANSPORT BOARDS ACTING UNDER POWERS VESTED IN THEM BY COMMONWEALTH LEGISLATION
Geo. S. Knowles
21 February 1933

The Secretary to the Department of the Interior has forwarded the following memorandum for advice: It is desired to supplement the information contained in my memorandum, No. 32/9457, of 17th ...

53
1530
WHALING
ENFORCEMENT OF GENEVA CONVENTION FOR THE REGULATION OF WHALING: EXTRA-TERRITORIAL LEGISLATION: EXTENT OF ‘AUSTRALIAN WATERS’ BEYOND TERRITORIAL LIMITS: REFERRAL OF POWERS
Geo. S. Knowles
09 March 1933
CONVENTION FOR THE REGULATION OF WHALING done at Geneva on 24 September 1931 arts 1, 2, 4, 5, 6, 7, 8, 9: CONSTITUTION s 51(x), (xxxvii)

The Secretary, Prime Minister’s Department, has forwarded to me for advice the following memorandum: With reference to previous communications on the subject of the Convention for the ...

54
1531
quarantine
Quarantine: customs: power of commonwealth to prescribe conditions prohibiting export of stock with view to preVenting spread of disease from Australia
Geo. S. Knowles
16 March 1933
Quarantine Act 1908 ss 4, 87(m): Customs Act 1901 s 112

The Director-General of Health has submitted the following memorandum for advice: The question has arisen as to whether authority exists under the Quarantine Act to prescribe conditions contro...

55
1532
Acquisition of property
acquisition by Commonwealth of additional shares in Amalgamated Wireless (Australasia) Limited: compulsory acquisition: acquisition on just terms: corporations power
J. G. Latham
29 March 1933
Constitution ss 51(xx), (xxxi)

I am in receipt of your letter of 21st March relative to the question of the acquisition by the Commonwealth of additional shares in Amalgamated Wireless (Australasia) Limited. In reply, I desire t...

56
1533
Appropriations
Appropriations: treatment of salaries and allowances: consideration by parliament of appropriation for purposes already covered by special appropriation: whether repeal of special appropriation: effect of reduction of salaries in financial emergency
Geo. S. Knowles
30 March 1933
Financial Emergency Act 1931

The Secretary to the Treasury has forwarded the following memorandum for advice: In connection with the Estimates of Expenditure for 1933–1934, consideration is being given to a proposal...

57
1534
inspection fees
fees levied by state for executing inspection fees of state: net produce of charges relating to import and export to be for use of commonwealth: calculation of net produce
Geo. S. Knowles
10 April 1933
Constitution s 112: Potato Diseases Act 1909 (Tas): Potato Diseases Regulations 1909 (Tas) regs 8, 9: Potato Diseases Regulations 1911(Tas) regs 17

The Secretary, Department of the Treasury, has referred to me for advice the following communication received from the Secretary and Chief Inspector of the Audit Office: The Auditor-Gener...

58
1535
Migrant land settlement
Migrant settlement agreements: enforceability against commonwealth: liability for misrepresentations: responsibility for acts of agent of Victorian government: liability for representations of Commonwealth DirectOR of Migration: prospects of success of proceedings by individual migrants
Geo. S. Knowles
21 April 1933

I am in receipt of your memorandum of the 7th April, 1933, forwarding for advice as to the responsibilities, if any, of the Commonwealth Government: A copy of the Report of the Royal Commissio...

59
1536
lease of cockatoo island dockyard
lease of cockatoo island dockyard by australian commonwealth shipping board and commonwealth: power of board to ‘dispose’of property: whether lease requires ratification by parliament: obligationS of commonwealth under lease: requirement for appropriation
Geo. S. Knowles
24 April 1933
COMMONWEALTH SHIPPING ACT 1923 ss 10, 14(1): CONSTITUTION s 83

The Secretary, Prime Minister’s Department, has forwarded for my perusal a copy of the Agreement in respect of the leasing of Cockatoo Island Dockyard and has requested my advice on the question...

60
1537
Australian broadcasting commission
financial emergency act: application to salaries of staff of australian broadcasting commission: effect of creation of commission after reference date fixed for reduction of salaries: statutory construction: subsequent specific provisons prevailing over general provisions
Geo. S. Knowles
09 May 1933
Financial Emergency Act 1931 ss 10, 11, 15(3), 17(1), 18, 18A: Australian Broadcasting Commission Act 1932 ss 8, 15

The Assistant Secretary, Department of the Treasury has forwarded the following memorandum to me for advice: Attached hereto is a copy of a minute received from the Secretary and Chief Inspect...

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