Legal Opinions

Printer-friendly version Send by email PDF version
91
1568
CROWN SUITS
CROWN SUITS: suits by or against the Crown in right of the Commonwealth : JURISDICTION: right to discovery and interrogatories: claim to privilege on account of public interest or public policy: APPLICATION OF STATUTE OF LIMITATIONS
J. G. Latham
24 September 1934
Judiciary Act 1903 ss 56, 61, 63, 64, 65, 66, 67: Crown Suits Act 1908 (nz): Crown Suits Amendment Act 1910 (nz) ss 3, 4

I am in receipt of your letter dated 25 August 1934 relating to the abovementioned subject, and am pleased to give you the following information. Suits by or against the Crown in Australia may be ...

92
1569
BIOLOGICAL PRODUCTS
BIOLOGICAL PRODUCTS: CONTROL OF PREPARATION AND SALE : SUPPLEMENTARY OPINION : EXTENT OF QUARANTINE POWER : MEANING OF ‘QUARANTINE’
Geo. S. Knowles
10 October 1934
Quarantine Act 1908 ss 67, 87(r) : constitution s 51(ix)

I refer to your memorandum 362/30, dated 13 September 1934, relative to the legal and administrative control of the preparation and sale of Biological Products. I note that the principles enumerated i...

93
1570
FACSIMILE AND TELEVISION IMAGES
WIRELESS TELEGRAPHY: TRANSMISSION OF FACSIMILE AND TELEVISION IMAGES: WHETHER FACSIMILE OR TELEVISION IMAGE IS A MESSAGE: ‘MESSAGE’: POWER TO issue licences to conduct television transmissions
Geo. S. Knowles
11 October 1934
Wireless Telegraphy Act 1905 ss 5, 6

The Secretary, Postmaster-General’s Department, has forwarded me the following memorandum asking me to reconsider my opinion No. 103 of 1934. The opinion conveyed in your memorandum...

94
1571
POST: STATE POSTAGE STAMPS
POST: POWER TO DECLARE OBSOLETE AND REFUSE TO ACCEPT FOR PREPAYMENT OF POSTAGE STAMPS ISSUED PRE-FEDERATION BY AUSTRALIAN COLONIES: ASSUMPTION BY COMMONWEALTH OF CURRENT OBLIGATIONS OF STATE IN RESPECT OF TRANSFERRED DEPARTMENT: WHETHER POSTAGE STAMP REPRESENTED OBLIGATION TO RENDER SERVICES
Geo. S. Knowles
22 October 1934
constitution ss 69, 85: POST OFFICE ACT 1890 (Vic) ss 15, 16, 17, 19: Post and Telegraph Act 1901

The Secretary, Postmaster-General’s Department, has forwarded for my advice the following memorandum: Up to the present stamps which were valid for pre-payment of postage in an Australia...

95
1572
FINANCIAL ASSISTANCE TO STATES: PREFERENCE
FINANCIAL ASSISTANCE TO STATES: FINANCIAL RELIEF: ASSISTANCE BASED ON QUANTITY OF APPLES EXPORTED FROM STATE RATHER THAN QUANTITY OF APPLES PRODUCED: WHETHER PREFERENCE TO STATE: WHETHER FINANCIAL ASSISTANCE TO STATE SUBJECT TO PROHIBITION OF PREFERENCE
Geo. S. Knowles
30 October 1934
Financial Relief Act 1934 Part VII, ss 28, 29: constitution ss 96, 99

The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice: Attached is copy of a letter received from the Premier of Tasmania, under date of 5th October, ...

96
1573
APPROPRIATIONS
APPROPRIATIONS: POWER TO APPROPRIATE MONEYS ‘FOR THE PURPOSES OF THE COMMONWEALTH’: WHETHER PURPOSES CONFINED TO matters properly fallING within Legislative authority of Commonwealth Parliament: granting of financial assistance to a state: WHETHER TERMS AND CONDITIONS MUST BE SPECIFIED BY PARLIAMENT: IMpOSITION BY EXECUTIVE GOVERNMENT
Robert G. Menzies
08 November 1934
constitution ss 51, 52, 81, 96: Federal Aid Roads Act 1926

Section 81 of the Commonwealth Constitution provides that ‘all revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to ...

97
1574
PORT AUGUSTA TO RED HILL RAILWAY: COMMONWEALTH-SOUTH AUSTRALIA AGREEMENT
PORT AUGUSTA TO RED HILL RAILWAY: APPROVAL OF AGREEMENT BY SOUTH AUSTRALIA: STATE CONSENT SUBJECT TO WORK COMMENCING WITHIN PERIOD STIPULATED BY STATE: EFFECT OF FAILURE TO STIPULATE PERIOD: RESOLUTION OF DOUBTS WHETHER CONSENT OF STATE IS STILL IN FULL FORCE AND EFFECT: DECLARATION BY GOVERNOR-GENERAL: CLARIFYING LEGISLATION
Robert G. Menzies
18 February 1935
Railways (South Australia) Agreement Act 1926: North South Railway Agreement Act 1926 (SA) s 3: Port Augusta to Red Hill Railway Act 1930 s 2(2), Schedule

In 1926 an agreement was made between the Commonwealth and the State of South Australia for the construction by the Commonwealth, at its own expense, of a railway of 4' 81⁄2" gauge from Port Aug...

98
1576
WHEAT MARKETING: COMPULSORY POOL
WHEAT MARKETING: SUPPLEMENTARY OPINION: VALIDITY OF COMPULSORY POOL PROVIDING FOR compulsory acquisition of wheat by the Commonwealth: EXTENT OF ACQUISITION POWER: INCIDENTAL POWER
W. K. Fullagar
01 March 1935
Constitution s 51(i), (xxxi), (xxxix)

Mr. Fullagar’s attention was drawn to the provisions of section 51 paragraphs (i), (xxxi) and (xxxix) of the Constitution which provide that: The Parliament shall, subject to this Consti...

99
1575
WHEat marketing
wheAT MARKETING: POWER OF Commonwealth and States TO establish compulsory pool for handling and marketing of wheat produced in Australia: FREEDOM OF INTERSTATE TRADE: APPLICATION OF CONSTITUTION s 92 TO COMMONWEALTH: OPTIONS FOR CREATING COMPULSORY POOL BY COMMONWEALTH AND STATE LEGISLATION
W. K. Fullagar
06 March 1935
constitution s 92: Acts Interpretation Act 1901 s 15(a)

I am asked to advise whether there is power under the Commonwealth and State Constitutions to provide by means of legislation by both the Commonwealth and the States for the establishment of a comp...

100
1577
WHEAT MARKETING: compulsory pool
WHEAT MARKETING: creation of compulsory pool: powers of states: powers of commonwealth: trade and commerce power: creation of monopoly: acquisition of property: just terms: creation of board with federal and state powers
E. M. Mitchell, F. W. Kitto
07 March 1935

We have been asked to advise as to the power of the Commonwealth to legislate for a compulsory pool in respect of wheat produced in Australia. The first question is framed in general terms and asks wh...

TOP

( ! ) SCREAM: Error suppression ignored for
( ! ) Warning: Duplicate entry '602706' for key 'PRIMARY' query: INSERT INTO accesslog (title, path, url, hostname, uid, sid, timer, timestamp) values('', 'legalopinion/1931/1935', '', '54.80.33.183', 0, '4r46j7no1domk6ocg9qegj25g6', 29, 1511111646) in C:\wamp\www\includes\database.mysqli.inc on line 134
Call Stack
#TimeMemoryFunctionLocation
10.0003677088{main}( )..\index.php:0
20.00321013008drupal_bootstrap( )..\index.php:15
30.01121556344_drupal_bootstrap( )..\bootstrap.inc:1113
40.02953504856bootstrap_invoke_all( )..\bootstrap.inc:1185
50.03083505544module_invoke( )..\bootstrap.inc:684
60.03083506040call_user_func_array ( )..\module.inc:476
70.03083506280statistics_exit( )..\module.inc:476
80.03253573936db_query( )..\statistics.module:63
90.03273575704_db_query( )..\database.mysql-common.inc:42
100.03303577128trigger_error ( )..\database.mysqli.inc:134