Legal Opinions

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21
1609
Air Navigation
Power of commonwealth to afford facilities to Miss Amelia Earhart in connexion with round the World flight: INTERNATIONAL Convention RELATIVE TO AIR NAVIGATION: requirements for nationality mark and registration mark, certification of airworthiness, certificates of competency: power to exempt aircraft possessing nationality of non-contracting State and not engaged in overseas or interstate commerce
M. C. Boniwell
24 February 1937
Air Navigation Act 1920 s 4: Air Navigation Regulations 1936 regs 5, 7: INTERNATIONAL Convention RELATIVE TO AIR NAVIGATION done at Paris on 13 October 1919 [1922] ATS 6 arts 2, 4, 5, 7, 10, 11, 12, 25, 26

I am in receipt of your memorandum No. 732 dated the 12th February 1937 relative to a request that facilities be afforded Miss Amelia Earhart by the Commonwealth in connexion with a round the World f...

22
1610
patents
power of commonwealth to legislate for protection of formula not capable of forming subject matter of patent: patents power
M. C. Boniwell
04 March 1937
constitution s 51(xviii)

The Secretary, Prime Minister’s Department has forwarded the following memorandum to me for advice: I desire to inform you that certain proposals have recently been brought before the Go...

23
1611
Write-off of debts and stores
validity of practice of writing off IRRECOVERABLE amounts and stores which cannot be accounted for
M. C. Boniwell
04 March 1937
Audit Act 1901: Treasury Regulations 1927

The Acting Auditor-General has forwarded the following memorandum to me for advice: It has been the general practice of this office to accept the authority of the Treasurer for writing off amo...

24
1612
COMMONWEALTH BANK
COMMONWEALTH BANK: EFFECT OF STATE COMPANIES ACT REGULATING PRIORITIES OF DEBTS AND PURPORTING TO BIND CROWN: WHETHER BANK ENTITLED TO PRIORITY OF CROWN IN RESPECT OF DEBTS OWING TO BANK: INCONSISTENCY: ‘LAW OF THE COMMONWEALTH’: WHETHER THERE IS A COMMON LAW OF THE COMMONWEALTH
M. C. Boniwell
03 May 1937
commonwealth baNk act 1911 s 34A: Companies act 1933 (nsw) ss 199(3), 297(1)(d): constitution ss 51(xxxix), 52, 109: Moratorium Act 1930 (NSW): Companies Act 1899 (NSW): Bankruptcy Act 1927

The Secretary to the Treasury has forwarded the following letter from the Secretary, Commonwealth Bank, to me for advice: We refer to your letter No. 5446/34/4976 of the 2nd January 1935 ...

25
1613
Regulation of primary products
allocation of quotas for meat exports: allocation of QUOTAS FOR MEAT EXPORTS AMONG STATES OR INDIVIDUAL EXPORTERS: preference to or discrimination between states: ‘law or regulation of trade, commerce, or revenue’
M. C. Boniwell
01 June 1937
constitution s 99: Meat Export Control Act 1935 ss 16, 17, 19: Customs Act 1901: Commerce (Trade Descriptions) Act 1905: Customs (Prohibited Exports) Regulations 1935: Commerce (MEAT Export) Regulations 1923: Meat Export Control (Licences) Regulations 1936 regs 4, 7, 14

The Secretary, Department of Commerce, has forwarded a copy of a statement prepared by the Secretary to the Australian Meat Board in which he sets out certain questions for advice in relation to the a...

26
1614
elections
whether member of NEW SOUTH WALES land board capable of being nominated as candidate for election to FEDERAL parliament: WHETHER office of profit under the Crown
M. C. Boniwell
04 June 1937
Constitution s 44: Commonwealth Electoral Act 1902 s 73: Crown Lands Consolidation Act 1913 (NSW) s 11

The Chief Electoral Officer has forwarded to me for advice the following memorandum: A communication, reading as follows, has been received from Mr. J. H. of Nelson Rd, Fairfield, New South Wa...

27
1615
Regulation of primary products
Powers of commonwealth with respect to regulation of establishment or extension of meat works: power of australian meat board to regulate output of meat works: trade and commerce power: powers in relation to manufacture of products: preference to or discrimination between states
M. C. Boniwell
04 June 1937
Commerce (Meat Export) Regulations 1923: Meat Export Control Act 1935 s 17: constitution ss 51(i), 99

The Secretary of the Department of Commerce has asked for my advice upon the following questions contained in a memorandum prepared by the Chairman of the Australian Meat Board: Whether the Co...

28
1616
AIR NAVIGATION
WHETHER REGULATION COULD BE MADE REQUIRING licensing of AIRCRAFT ENGAGED IN REGULAR PUBLIC TRANSPORT SERVICES: territories power: trade and commerce power: freedom of interstate trade: preference to or discrimination between states
M. C. Boniwell
10 June 1937
Air Navigation Regulations 1936 reg 5: Air Navigation Act 1920 s 4: constitution ss 92, 99: Dried Fruits Act 1928: Post and Telegraph Act 1901 s

The Secretary, Department of Defence has forwarded the following memorandum for advice: The Air Navigation Regulations in their present form cover many aspects of air navigation and lay down, ...

29
1617
elections
timing of resignation of senator in order to stand for election to house of representatives: resignation prior to declaration as to qualification for election and nomination: mode of resignation and delivery to president
Robert G. Menzies
07 July 1937
Commonwealth Electoral Act 1918 ss 68, 72, 73: Constitution ss 19, 43

I have received from Senator Badman(1) a letter in which he seeks advice as to the latest date upon which he may resign from the Senate before contesting an election for the House of Representatives. ...

30
1618
acquisition of land
power of commonwealth compulsorily to acquire proposed site for flying-boat base at rose bay: ‘public purpose’: compulsory acquisition of park lands: significance of state opposition to acquisition
M. C. Boniwell
02 August 1937
Lands Acquisition Act 1906 ss 5, 13, 15: Lands Acquisition (Defence) Act 1918: Constitution s 51(i), (v), (vi), (xxix), (xxxi): International Convention Relative To Air Navigation done at Paris on 13 October 1919 [1922] ATS 6

The Controller-General of Civil Aviation has forwarded me the following minute for advice: The Minister for Defence desires an urgent opinion as to the Commonwealth’s powers to compuls...

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