Legal Opinions

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71
1548
territory for the seat of government
territory for the seat of government: proposal to establish cemetery Trust: finance: establishment of cemetery fund: establishment of trust account
Geo. S. Knowles
12 October 1933
Solar Observatory Fund Act 1930: Forestry Bureau Act 1930: Audit Act 1901 ss 62A, 62B: Constitution s 81: Cemeteries Ordinance 1933 (ACT) ss 20, 21

The Acting Secretary, Department of the Treasury, has forwarded to me for advice the following communication: The Secretary, Department of the Interior, has advised that it is proposed to brin...

72
1549
parliament
parliament: privilege: contempt: powers of parliament: punishment: newspaper article: identification of printer and publisher
J. G. Latham
05 November 1933
Constitution ss 49, 50: House of Representatives Standing Order 285

I have been asked to advise as to the steps which may be taken in relation to the article headed ‘Salary Grab came as thief in the night’, appearing in The Sunday Sun and Guardian newspape...

73
1550
customs
blasphemous, indecent or obscene works or articles: bibles contained in cartons which also contain serpents: ‘blasphemy’
J. G. Latham
24 November 1933
Customs Act 1901 s 52(c)

Section 52(c) of the Customs Act 1901–1930 refers to blasphemous, indecent or obscene works or articles. It is clear that the section is not limited to books and similar articles. It is blas...

74
1551
parliamentary representation
constitution of house of representatives: method of determining number of members representing states: criteria
J. G. Latham
04 December 1933
Constitution ss 24, 27: Representation Act 1905 ss 6, 10

The following memorandum, asking for my advice, has been forwarded by the Chief Electoral Officer of the Commonwealth by direction of the Minister for the Interior: I am directed to submit ...

75
1552
telegrams
VERIFICATION OF SIGNATURES TO INTERNATIONAL TELEGRAMS: appointment and functions of notaries public: affixing of seal: proof of appointment
Geo. S. Knowles
18 January 1934
International Telecommunication Convention of Madrid 1932 Telegraph Regulations Article 17: Ecclesiastical Licences Act 1533 (Engl.) (25 Hen. VIII c. 21) s 2: Public Notaries Act 1859 (SA) s 2: Public Notaries Act 1902 (WA)

The Secretary, Postmaster-General’s Department, has submitted the following memorandum to me for advice: Article 7 of the Telegraph Regulations annexed to the International Telecommuni...

76
1553
tax on citrus fruit
power of commonwealth to tax citrus fruit to create fund to compensate owners of land unsuitable for production: power to prohibit use of unsuitable land for planting or growing of fruit: financial assistance to State for purpose of providing relief or compensation to fruit growers affected
Geo. S. Knowles
07 February 1934
Sales Tax Act (No. 1) 1930: Sales Tax Assessment Act (No. 1) 1930: Constitution s 81

The Secretary, Department of Commerce, has submitted the following to me for advice: The Commonwealth Citrus Investigation Committee, with which this Department is co-operating in connection w...

77
1554
elections
distribution of state into divisions: exercise of functions by distribution commissioners: criteria: procedure: whether bound to hear, or consider any suggestions made by, members of House of representatives
J. G. Latham
16 February 1934
Commonwealth Electoral Act 1918 Part III, ss 16, 19, 20, 21

I have been asked by the Minister for the Interior to advise upon the questions raised by the following letter: Questions have arisen with regard to the principles which should control the act...

78
1555
inspection fees
validity of new south wales fees for inspection of meat brought into metropolitan abattoir: freedom of interstate trade: inspection fees
Geo. S. Knowles
16 March 1934
Meat Industry Act 1915 (NSW) s 22(1): Meat Industry Regulations/By-laws (NSW) reg 38: Constitution ss 92, 112

The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice: It has been brought under the notice of this Department that the New South Wales Metropolitan Meat...

79
1556
territorial waters
japanese sampans in territorial waters: regulation of fisheries: responsibility of Commonwealth or States concerned to police fishing grounds adjacent to coast: territorial limits: territorial waters
Geo. S. Knowles
04 May 1934
Constitution s 51(x): Customs Act 1901 (Can) s 151: Pearl-shell and Beche-de-mer Fishery Act 1881 (Qld): Fisheries Act 1905 (WA): Pearling Act 1912 (WA): Fisheries Ordinance 1922 (NG): Pearling Ordinance 1930 (NT): Fisheries Ordinance 1911 (NT): Customs Act 1901 ss 58, 59: Quarantine Act 1908 s 20

The Comptroller-General of Customs has forwarded the following minute dated 24/4/34 to me for advice: I forward herewith for your information some recent reports and press cuttings received at...

80
1557
navigation
navigation: whether a woman may be admitted to examination for certificate of competency as officer: statutory interpretation: words importing masculine to be read as words including feminine
Geo. S. Knowles
15 May 1934
Navigation Act 1912 ss 15, 16, 17, 18: Acts Interpretation Act 1901 s 23

The Secretary, Marine Branch, has forwarded the following memorandum to me for advice: Section 15 of the Navigation Act 1912–1926 provides that certificates of competency ‘shall be...

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