Legal Opinions

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1589
SALE OF WOOL
SALE OF WOOL: POWER TO ABOLISH PRACTICE KNOWN AS
Geo. S. Knowles
14 January 1936
constitution s 51(i)

The Secretary, Department of Commerce has forwarded the following memorandum for advice: Representations have been made to the Minister for Commerce that the Commonwealth Government should bri...

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1590
AIR FORCE: STATE REGISTRATION OF PETROL TANK
AIR FORCE: PETROL STORAGE TANK AT CANTEEN: WHETHER REQUIRED TO BE REGISTERED UNDER STATE LEGISLATION: WHETHER STATE ACT BINDS CROWN: exclusive power OF COMMONWEALTH to make laws with respect to all places acquired by Commonwealth for public purposes
Geo. S. Knowles
01 February 1936
Inflammable Liquid Act 1915 (nsw) ss 10, 11: Air Force Regulation 16, 30: constitution s 52

The Secretary, Department of Defence has forwarded the following memorandum to me for advice: Recently an underground petrol storage tank was installed at the canteen at the Royal Australian A...

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1591
PREFERENCE TO ONE STATE OVER ANOTHER
EXPORT OF FRESH FRUIT FROM TASMANIA: FALSE TRADE DESCRIPTIONS: PROPOSAL TO REPACK UNDER COMMONWEALTH SUPERVISION FRUIT REJECTED FOR EXPORT: WHETHER AUTHORISED BY LEGISLATION: WHETHER PREFERENCE TO ONE STATE OVER ANOTHER: LEGISLATION OF GENERAL APPLICATION
Geo. S. Knowles
05 March 1936
Commerce (Trade Descriptions) Act 1905 s 13: Commerce (Trade Descriptions) Regulations: constitution s 99: Customs (Prohibited Exports) Regulations

The Secretary, Department of Commerce has forwarded the following memorandum to me for advice: I have to inform you that the Tasmanian Government has suggested that arrangements be made for al...

4
1592
SUNDAY OBSERVANCE
SUNDAY OBSERVANCE: WHETHER SUNDAY OBSERVANCE ACTS APPLY TO PROHIBIT PLAYING OF FOOTBALL AT DARWIN OVAL ON SUNDAYS
Geo. S. Knowles
20 April 1936
SUNDAY OBSERVANCE ACT 1677 (Engl.) (29 Car. II c. 7): SUNDAY OBSERVANCE ACT 1625 (Engl.)
(1 Car. I c. 1): SUNDAY OBSERVANCE ACT 1781 (G.B.) (21 Geo. III c. 49)

The Secretary, Department of the Interior, has forwarded to me for advice a copy of the following memorandum received by him from the Administrator of the Northern Territory: During the presen...

5
1593
GENEVA CONVENTION
DRAFT UNITED KINGDOM BILL TO GIVE EFFECT TO Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field art 28: POWER OF AUSTRALIA TO PASS LAW GIVING EFFECT TO ARTICLE IN AUSTRALIA AND TERMINATING APPLICATION OF UK LEGISLATION: EXTENSION TO PAPUA
Geo. S. Knowles
24 April 1936
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field done at Geneva on 27 July 1929 [1931] ATS 6 art 28: Geneva Convention Act 1911 (U.K.) (1 & 2 Geo. V c. 20): Commonwealth Statutory Rules 1901

I am in receipt of your memorandum of the 16 April 1936 referring for advice a copy of a draft Bill prepared by the Government of the United Kingdom to enable effect to be given to Article 28 of the G...

6
1594
COPYRIGHT
COPYRIGHT: POWER OF COMMONWEALTH TO ESTABLISH COMPULSORY TRIBUNAL TO DETERMINE DISPUTES ARISING OUT OF USE OF RECORDS FOR BROADCASTING: POWER TO VARY COPYRIGHT ACT 1911(UK) IN ITS APPLICATION TO AUSTRALIA: EFFECT OF BERNE CONVENTION AND ROME CONVENTION
Thos. C. Brennan
24 April 1936
CONSTITUTION s 51(xviii): COPYRIGHT ACT 1912 s 8: COPYRIGHT ACT 1911 (U.K.) (1 & 2 Geo. V c. 46) ss 25-27, 37: INTERNATIONAL CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS [1912] ATS 9 done at Berlin on 13 November 1908 (Berne Convention): International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations and Final Act done at Rome on 26 October 1962 [1992] ATS 29 (Rome Convention) art 11 bis

The Postmaster-General has asked for advice as to whether it would be competent for the Commonwealth to establish a compulsory tribunal to determine disputes arising out of the use of records for broa...

7
1595
SHIPPING
SHIPPING: proposal to reserve trade on Tasman Sea to British ships: CONSISTENCY WITH INTERNATIONAL OBLIGATIONS: Anglo-Italian Treaty: Anglo-Peruvian Treaty: RESERVATION: SUSPENSION OF NAVIGATION ACT
Geo. S. Knowles
26 May 1936
Treaty of Commerce and Navigation between United Kingdom and Italy done at Rome on 15 June 1883 [1901] ATS 65 arts 1, 5, 7, 8: Declaration by United Kingdom on Ratification of the Treaty of Friendship, Commerce and Navigation between the United Kingdom and Peru done at London on 15 October 1852 [1901] ATS 83 : NAVIGATION ACT 1912 s 422

I am in receipt of your confidential minute of 13 May 1936, referring a decode of a cablegram from the Minister of Commerce (Mr. Earle Page) in which he asks for the observations of this Department as...

8
1596
CUSTOMS
CUSTOMS: WATERS BEYOND ORDINARY LIMITS OF TERRITORY: CHASE OF FOREIGN VESSEL: OPERATION OF CUSTOMS ACT: DISCONTINUANCE OF CHASE AT THREE MILE LIMIT
Geo. S. Knowles
12 June 1936
CUSTOMS ACT 1901 s 184

The Comptroller-General of Customs has forwarded the following memorandum for advice: A memorandum in the following terms has been received from the Collector, Queensland: Section 184 o...

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1597
COPYRIGHT
whether imperial copyright act as adopted could be amended by varying restriction on power of amendment: power of Commonwealth to establish compulsory tribunal to determine disputes arising out of broadcasting musical works
Thos. C. Brennan
09 July 1936
Copyright Act 1911 (U.K.) (1 & 2 Geo. V c. 46) s 25: Copyright Act 1912 s 8

Arising out of my opinion dated 24th April, 1936, as to the power of the Commonwealth to establish a compulsory tribunal, the Postmaster-General has asked for advice as to whether it would be competen...

10
1598
regulation of therapeutic substances
Power of Commonwealth to regulate and control importation, exportation, manufacture, distribution and sale of therapeutic substances: products subject of interstate or foreign trade: power to regulate or control manufacture in a State: emergency powers: repository of power to prescribe standards
Geo. S. Knowles
04 August 1936
Constitution s 92

I refer to you memorandum (362/30) dated the 15th May, 1936, forwarding copies of draft Therapeutic Substances (Biological) Bill and requesting advice as to whether it is in a form for presentation to...

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