Legal Opinions

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81
1558
photography of warships
PHOTOGRAPHING OF HIS MAJESTY’S AUSTRALIAN SHIPS: whether crime: requirement for purpose prejudicial to safety or interests of Commonwealth or some part of King’s Dominions: onus of proof
Geo. S. Knowles
18 May 1934
Defence Act 1903 s 82: Naval Defence Act 1910 ss 41, 45: Crimes Act 1914 Part VII, ss 77, 78, 79, 80: Official Secrets Act 1911 (U.K.) (1 & 2 Geo. V c. 28)

The Secretary, Department of Defence, has asked for my advice upon the questions set out in the following memorandum: A photograph of H.M.A.S. ‘AUSTRALIA’ in the dry dock at C...

82
1559
nationality
nationality: revocation of certificate of naturalization: disaffection or disloyalty to his majesty: member of communist party: whether doctrine of communism compatible with monarchy
Geo. S. Knowles
05 June 1934
Nationality Act 1920 s 12(1)

The Secretary, Department of the Interior, has forwarded to me for advice the following communication: I desire to inform you that on the 23rd January, 1930, Certificate of Naturalization...

83
1560
preference : discrimination
deeming of certain ships carrying passengers between ports not connected by railway not to be engaged in coasting trade: whether unconstitutional preference or discrimination: whether discrimination based upon States or parts of States
H. S. Nicholas
30 July 1934
Navigation Act 1912 ss 7, 286(6): constitution ss 51(i), (ii), 98, 99, 117

It is proposed to amend the Navigation Act by inserting after the first proviso in section 7, the following new proviso: Provided further that a British ship of not less than ten thousand tons...

84
1561
elections: disqualification from candidature or sitting
federal elections: disqualification from being chosen or sitting: medical officer for repatriation commission receiving fee for individual services: whether holder of office of profit under the crown: whether direct or indirect pecuniary interest in agreement with Public Service of Commonwealth
Geo. S. Knowles
30 July 1934
constitution s 44(iv), (v): Australian Soldiers’ Repatriation Act 1920 s 21(1)

The Chief Electoral Officer has forwarded the following memorandum to me for advice: Forwarded for the favour of advice as to whether Dr. Davies’ occupancy of the position of Medical Officer...

85
1562
aboriginal trust funds
ABORIGINAL TRUST FUNDS: NORTHERN TERRITORY: moneys received by Protectors of Aboriginals on behalf of Northern Territory aboriginals: CLOURE OF ‘Aboriginal Trust Fund’ and openING OF another Fund to be known as Aboriginal Medical Benefit Fund
Geo. S. Knowles
08 August 1934
Aboriginals Ordinance (NT) 1918

The Secretary, Department of the Interior has forwarded to me for advice the following memorandum: Prior to the 1st June, 1933, it was the practice to pay into the Aboriginal Trust Fund all ...

86
1563
POST AND TELEGRAPH
POST AND TELEGRAPH: POWER TO REFUSE TO TRANSMIT OR DELIVER ‘INDECENT OR OBSCENE’ MATTER: ADVERTISEMENT RELATING TO PRACTICES DESIGNED TO PREVENT PREGNANCY: ADVERTISEMENT RELATING TO TREATMENT FOR ‘PREMATURE FAILURE OF THE SEXUAL POWERS’
Geo. S. Knowles
24 August 1934
Post and Telegraph Act 1901 ss 3, 44

The Secretary, Postmaster-General’s Department has forwarded to me the following memorandum for advice: The Deputy Director, Posts and Telegraphs, has submitted to this office the atta...

87
1564
CURRENCY: AUSTRALIAN POUND
CURRENCY: AUSTRALIAN POUND: LEGAL TENDER: SUGGESTION THAT THERE BE AN AUSTRALIAN UNIT OF ACCOUNT DIFFERENT FROM THE POUND STERLING: SUGGESTION THAT DEBTS ORIGINATING IN AUSTRALIA BE ENTERED INTO AND DISCHARGEABLE IN AUSTRALIAN POUNDS
Geo. S. Knowles
31 August 1934
COINAGE ACT 1870 (U.K.) (33 & 34 Vict. c. 10) s 6: COINAGE ACT 1909 s 7: BANK OF ENGLAND ACT 1833 (U.K.) (3 & 5 Will. IV c. 98): AUSTRALIAN NOTES ACT 1910: COMMONWEALTH BANK ACT 1920: GOLD STANDARD ACT 1925 (U.K.) (15 & 16 Geo. V c. 29): COMMONWEALTH BANK ACT 1929: GOLD STANDARD (AMENDMENT) ACT 1931 (U.K.) (21 & 22 Geo. V c. 46): COMMONWEALTH BANK ACT 1932

Mr. R.L. Piesse, the author of an article entitled ‘What is the Australian £?’ published in the Victorian Law Institute Journal for July 1934,(1) has suggested to the Assistant Treas...

88
1565
preparation and sale of biological products
biological products: power of the Commonwealth to control or regulate manufacture, sale, AND distribution: interstate or foreign trade: IMPORTED GOODS: QUARANTINE POWER: GOODS PRODUCED FOR USE IN AUSTRALIA: GOODS PRODUCED FOR EXPORT: trade and commerce power
Geo. S. Knowles
10 September 1934
constitution s 51(i), (ix)

I am in receipt of your memorandum of 1 August 1934, forwarding for advice, a memorandum dealing with the legal and administrative control of the preparation and sale of biological products. The qu...

89
1566
Passports
PASSPORTS: NATURE OF A PASSPORT: ISSUE OF PASSPORTS: AUTHORITY OF MINISTER TO WITHHOLD PASSPORT: EXERCISE OF DISCRETION: grounds for declining to ask the assistance of another Government in connexion with the journey contemplated
Geo. S. Knowles
13 September 1934
Passports Act 1920 ss 2, 3(1), 4, 6, 10

The Secretary, Department of the Interior has forwarded the following memorandum for advice: The Collector of Customs, Fremantle, reports that the Minister’s authority to withhold a pass...

90
1567
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 ‘ALE’, ‘BEER’ AND ‘STOUT’: WHETHER INCIDENTAL TO IMPOSITION OF DUTIES OF EXCISE
Geo. S. Knowles
18 September 1934
Customs Act 1901 : Post and Telegraph Act 1901 ss 40, 41, 52

I refer to your memorandum, No. G. 34/4992, dated 18 June 1934, forwarding copy of the newspaper Industrial Worker which was received by post from Chicago and addressed: Mrs. C., XX W &...

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