Legal Opinions

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41
1629
National Health and Pensions Insurance
proposal to establish Commission to administer scheme for National Health and Pensions Insurance: whether compulsory contributions of employers and employees would be public moneys: law with respect to taxation: whether moneys required to be paid into consolidated revenue fund and withdrawn pursuant to appropriation
Wilbur L. Ham
26 April 1938
CONSTITUTION ss 55, 61, 81, 83: AUDIT ACT 1901 ss 2, 21(2), 23, 28, 29, 31: FINANCIAL AGREEMENTS ENFORCEMENT ACT 1932: AUDIT ACT 1902 (NSW))

It is proposed to introduce a Bill in the Commonwealth Parliament to establish a Commission to administer a scheme for National Health and Pensions Insurance. It is proposed to provide for compulsory ...

42
1630
national health and pensions insurance
national health and pensions insurance: whether law imposing compulsory contributions on employers and/or employees for purposes of scheme is exercise of taxation power: requirement that law deal only with imposition of taxation: payment of contributions into consolidated revenue fund
E. M. Mitchell
28 April 1938
CONSTITUTION ss 51(ii), (xiv), 55, 81

The proposed Bill for the establishment of a system of National Health and Pensions Insurance makes provision for the creation of a Fund or Funds out of which benefits are to be paid. The funds for...

43
1631
national health and pensions insurance
supplementary opinion: national health and pensions insurance: law imposing taxation: requirement for separate Acts, one fixing contributions from employees and the other fixing contributions from employers
E. M. Mitchell
04 May 1938
Constitution s 55

Upon giving further consideration to this matter, I think that to be safe there should be separate Acts, one fixing the contributions from the employee, and the other fixing the contributions from the...

44
1632
national health and pensions insurance
supplementary opinion: national health and pensions insurance: law imposing taxation: requirement for separate Acts, one fixing contributions from employees and the other fixing contributions from employers: validity of proposed scheme: constitutional powers
Wilbur L. Ham
05 May 1938
British North America Act 1867 (U.K.) (30 & 31Vict. c. 3) s 92(13): Constitution s

I advised on one aspect of this proposed legislation in an Opinion dated 26th April, 1938,(1) and my opinion is now asked upon other aspects. I am instructed that it is proposed to have a machinery bi...

45
1633
national health and pensions insurance
national health and pensions insurance bill: constitutionality: speeches by mr spender and mr blackburn on second reading of bill
Geo. S. Knowles
31 May 1938
Constitution s 51(ii), (xiv), (xxiii), (xxxix)

In the course of his speech on the motion for the Second Reading of the above Bill, Mr. Spender is reported to have said: One must have regard to the difficulties presented by the limited po...

46
1634
new guinea
Proposal for Department of Defence to lease land at Lae in the Territory of New Guinea for use for aerodrome purposes: consistency with league of nations mandate: prohibition of establishment of military bases: proposal for separate Territory-incorporated body to hold land for these purposes
M. C. Boniwell
01 August 1938
LEAGUE OF NATIONS MANDATE FOR THE TERRITORY OF NEW GUINEA dated 17 December 1920 (Official Year Book of the Commonwealth No 31-1938) art 4

I am in receipt of your memorandum, No. J.808/1/1, dated the 4th April, 1938, with respect to the desire of the Department of Defence to lease certain land at Lae, Territory of New Guinea, for use for...

47
1635
inconsistency with royal charter of incorporation
royal charter incorporating bank: banking power: power of commonwealth to enact legislation inconsistent with provisions contained in charter: power to abrogate royal prerogative
Geo. S. Knowles
02 August 1938
CHARTERED COMPANIES ACT 1837 (U.K.) (7 Will. IV & 1 Vict. c. 73): Constitution ss 51(xiii), 74: Crimes Act 1914: Justices Act 1928 (Vic) s 187: Colonial Laws Validity Act 1865 (U.K.) (28 & 29 Vict. c. 63) ss 2, 3

The Commonwealth Statistician has forwarded for my advice the following memorandum: The following message was received from the Secretary to the Commonwealth Bank this morning: Governor su...

48
1636
commonwealth motor vehicles
commonwealth motor vehicles: power to exempt vehicles from registration requirements of state law as to use of number plates and labels: necessity for legislation
Geo. S. Knowles
09 August 1938
Constitution s 109: AUSTRALIAN MILITARY REGULATIONS 1927 reg 201

The Secretary, Department of the Interior has forwarded the following memorandum for advice: General agreement has been reached by all Commonwealth Departments in a proposal for uniformity in ...

49
1637
income tax
income tax: meaning of ‘evasion’ in income tax assessment act 1936 s 170(2)(a)
Geo. S. Knowles
28 September 1938
income tax assessment act 1936 s 170(2)(a): Customs Act 1901 s 234

The Second Commissioner of Taxation has forwarded for my advice the following memorandum: The matter upon which your opinion is desired is the meaning of the word ‘evasion’ in se...

50
1638
inconsistency
power of commonwealth to make regulations inconsistent with state laws for supply on any day of goods and services to defence forces: effect of inconsistency: defence power
Geo. S. Knowles
31 October 1938
Australian Military Regulations reg 201: Defence Act 1903 s 124: Constitution ss 51(vi), 109

The Secretary, Prime Minister’s Department, has referred to me for advice the following communications addressed by the Premier of the State of Tasmania to the Prime Minister of the Commonwealth...

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