Legal Opinions

Printer-friendly version Send by email PDF version
31
1619
elections
WHETHER PERMANENT EMPLOYEE OF COMMISSIONER FOR RAILWAYS OF TASMANIA IS ELIGIBLE TO NOMINATE AS CANDIDATE FOR SENATE: ‘office of profit under the crown’
Geo. S. Knowles
09 September 1937
Constitution Act 1934 (Tas) s 32: Constitution s 44

The Chief Electoral Officer has forwarded to me for advice the following memorandum of the Commonwealth Electoral Officer for the State of Tasmania: I am forwarding herewith copy of a commun...

32
1620
wartime control of railways
war railway council: control by commonwealth of State owned Railways in time of war: defence power: ‘control’ of railways for naval and military purposes of commonwealth: incidental power: incidental control of non-military aspects of railways
Geo. S. Knowles
04 November 1937
Constitution s 51(vi), (xxxii), (xxxix)

The Secretary to the Commissioner of Railways has forwarded for my advice the following memorandum: I have to advise that, as the result of a recommendation by the late Field Marshal Earl Ki...

33
1621
Daylight Saving
power of commonwealth to introduce daylight saving in peacetime
Robert G. Menzies
03 December 1937
Daylight Saving Act 1916: Daylight Saving Repeal Act 1917

I refer to your letter of the 11th November, 1937, in which you request information concerning a proposal that a Daylight Savings Bill should be enacted by the Commonwealth Parliament. In 1916, the...

34
1622
parliamentary representation of aboriginals
petition for separate representation of aboriginals in commonwealth parliament: senators and members to be directly chosen by people of the commonwealth: races power: territories power: election of aboriginal member for territory to represent aboriginals
Geo. S. Knowles
14 January 1938
Constitution ss 7, 24, 51(xxvi), 80, 122, 127

The Secretary, Department of the Interior, has forwarded to me for advice the following communication: I forward herewith copies of correspondence which has passed between this Department and ...

35
1623
censorship of telegrams
POWER OF COMMONWEALTH TO censor and STOP TRANSMISSION OF TELEGRAMS IN TIME OF WaR OR STATE OF EMERGENCY OR TENSION
Geo. S. Knowles
24 February 1938
Telegraph Act 1909 ss 3, 4: Wireless Telegraphy Regulations 1924 regs 4(9), 124: International Telecommunication Convention done at Madrid on 9 December 1932 [1934] ATS 10 art 26: Post and Telegraph Act 1901 s 96: Telegraph Regulations 1927 reg 71: Defence Act 1903 s 65: International Telegraphic Convention done at St Petersburg on 22 July 1875 [1903] ATS 6 art 8: International Radiotelegraph Convention, Final Protocol and Detailed Service Regulations done at London on 5 July 1912 [1913] ATS 7 art 17

The Director-General, Posts and Telegraphs, has forwarded to me for advice the following communication: While adequate statutory authority appears to exist already enabling the Commonwealth in...

36
1624
senate vacancy
prospective vacancy caused by death of prospective senator prior to current senator’s place becoming vacant: whether the place of the elected prospective senator has ‘(become) vacant before the expiration of his term of service’ filling of vacancy’
FULLAGAR Wilfred Kelsham, SPICER John Armstrong
17 March 1938
Constitution ss 7, 13, 15, 21, 44, 45

The first question to be determined is whether the death of Mr. Barnes(1) has brought about a situation to which section 15 of the Constitution applies. That section provides (inter alia) ‘I...

37
1625
regulation of narcotic drugs
control by commonwealth of traffic in dangerous drugs: liability for statements in communications regarding alleged drug addicts: power to give effect to international conventions regarding dangerous drugs: extent of external affairs power
Geo. S. Knowles
30 March 1938
International Opium Convention done at The Hague on 23 January 1912 [1920] ATS 20: INTERNATIONAL CONVENTION RELATING TO DANGEROUS DRUGS, AND PROTOCOL done at Geneva on 19 February 1925 [1928] ATS 5: CONVENTION FOR LIMITING THE MANUFACTURE AND REGULATING THE DISTRIBUTION OF NARCOTIC DRUGS, AND PROTOCOL OF SIGNATURE done at Geneva on 13 July 1931 [1934] ATS 9: Customs Act 1901 ss 52(g), 56: Customs (Prohibited Imports) Regulations 1934 Second Schedule item 7: CONSTITUTION s 51(xxix)

The Comptroller-General, Department of Trade and Customs, has forwarded the following minute to me for advice: The Commonwealth is a party to the International Drug Conventions of 1912, 1925...

38
1626
whaling
Whaling: power of commonwealth to prevent anchorage accommodation being granted to japanese whale chasers at careening bay, garden island (wa): regulation of use of ports by whaling ships: ‘fishing’ vessel
Geo. S. Knowles
01 April 1938
Convention for the Regulation of whaling done at Geneva on 19 September 1931: International Agreement for the Regulation of Whaling done at London on 8 June 1937 [1946] ATS 10: Whaling Act 1935 ss 4, 8: Convention and Statute of the International Regime of Maritime Ports and Protocol of Signature done at Geneva on 9 December 1923 [1926] ATS 15, Statute arts 2, 14, 17: Immigration Act 1901 s 3(k): MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) s 744: Whale Fisheries (Scotland) Act 1907 (U.K.) (7 Edw. VII c. 41): Whale Fisheries (Scotland) (Amendment) Act 1922 (U.K.) (12 & 13 Geo. V c. 3): Whale Fisheries (Ireland) Act 1908 (U.K.) (8 Edw. VII c. 31): CONSTITUTION s 51(i), (xxix)

Arising out of an application to Fremantle Harbour Trust Commissioners for anchorage accommodation for Japanese whale chasers at Careening Bay, Garden Island, Western Australia, the Secretary, Departm...

39
1627
Whaling
power of COMMONWEALTH PARLIAMENT to ENACT LEGISLATIon GIVING FULL EFFECT TO INTERNATIONAL WHALING CONVENTIOn: extent of external affairs power: WHETHER CONVENTION MAY BE RATIFIED WITHOUT RESERVATION
Geo. S. Knowles
08 April 1938
Convention for the Regulation of whaling done at Geneva on 19 September 1931: WHALING ACT 1935 s 4: CONSTITUTION ss 51(x), (xxix), 99, 113, 116: INTERNATIONAL CONVENTION RELATIVE TO AIR NAVIGATION done at Paris on 13 October 1919 [1922] ATS 6

The Secretary, Department of External Affairs has referred for advice a memorandum regarding several matters in relation to Whaling Conventions. Some of these matters are subject of other advisings. T...

40
1628
ownership of captured enemy warship
wreck of german warship ‘emden’: scrap metal taken therefrom by japanese vessel ‘anyo maru’ and conveyed to singapore: ownership of wreck: abandonment by commonwealth
A. J. McLachlan
08 April 1938

The Minister for External Affairs has forwarded for advice the following letter received by him from the Japanese Consul-General, Sydney: I have the honour to state that an official report w...

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/1936/1940', '', '54.80.29.228', 0, 'u0jsc6b0r6ocgpinav08hra7r5', 31, 1493093147) in C:\wamp\www\includes\database.mysqli.inc on line 134
Call Stack
#TimeMemoryFunctionLocation
10.0004676688{main}( )..\index.php:0
20.00341012600drupal_bootstrap( )..\index.php:15
30.01221555864_drupal_bootstrap( )..\bootstrap.inc:1113
40.03133505216bootstrap_invoke_all( )..\bootstrap.inc:1185
50.03323505896module_invoke( )..\bootstrap.inc:684
60.03333506392call_user_func_array ( )..\module.inc:476
70.03333506632statistics_exit( )..\module.inc:476
80.03503574272db_query( )..\statistics.module:63
90.03523576040_db_query( )..\database.mysql-common.inc:42
100.03553577464trigger_error ( )..\database.mysqli.inc:134