Legal Opinions

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61
1649
EXTERNAL AFFAIRS
proposed agreements with Government OF Eire regarding transfer and administration of moneys awarded under workmen’s compensation legislation: powers of commonwealth and states respectively to enter into agreements: options open to commonwealth
Geo. S. Knowles
14 July 1939
Constitution s 51(xxix)

I am in receipt of your memorandum of the 14th March, 1939, requesting advice as to the form of reply which should be sent to the Government of Eire in relation to the proposal that the Commonwealth s...

62
1650
use of commonwealth legal services
use of the services of Attorney-general’s Department by Commonwealth Bank, Australian Broadcasting Commission and similar bodies
Geo. S. Knowles
28 August 1939
Commonwealth Bank Act 1911

I refer to your letter of 15th August and previous correspondence concerning the use of the services of this Department by the Commonwealth Bank, the Australian Broadcasting Commission and such bodies...

63
1651
bounties
power of commonwealth to pass legislation requiring industry receiving bounty to pay award wages to employees: conciliation and arbitration power: imposition of conditions on bounties: uniformity of bounties: uniform condition: separate legislation specifying observance of awards as condition applicable to all bounties
W. M. Hughes
15 September 1939
Constitution s 51(iii), (xxxv)

The Prime Minister has forwarded for my advice the following letter: I am forwarding herewith copy of the notes of a deputation which met me in Melbourne on the 8th May and which requested tha...

64
1652
royal charter
AUSTRALIAN RED CROSS SOCIETY: ROYAL CHARTER: procedure: whether petition should be presented to governor-general and determined by governor-general on the advice and responsibility of Commonwealth Ministers or referred to England for signification of His Majesty’s approval: powers of governor-general
Geo. S. Knowles
24 October 1939
Constitution s 2

I am in recept of your Minute of 24th October, 1939, forwarding for consideration papers in connexion with the above matter. I gather that it is desired that this matter be dealt with as one of ur...

65
1653
compulsory military training
power of commonwealth to implement decision to reintroduce compulsory military training
Geo. S. Knowles
30 October 1939
Defence Act Part XII, ss 60, 127, 140: National Security Act 1939 s 5(7)(a)

I am in receipt of your memorandum dated 25th October, 1939, No. 37081, requesting my advice as to the manner in which legal effect may be given to the decision to re-introduce compulsory military tra...

66
1654
compulsory military training
Implementation of decision to reintroduce compulsory military training: supplementary opinion: effect of proclamation: registration of persons liable to undertake training: call-up provisions
Geo. S. Knowles
02 November 1939
DEFENCE ACT 1903 Parts III, IV, XII, XIV, ss 32A, 46, 47, 59, 60, 125(c), 142(1), 144: PROCLAMATION dated 2 September 1939 under the Defence Act 1903 s 46

I refer to my memorandum, W.215, dated 30th October, 1939,(1) in connexion with the decision to re-introduce compulsory military training. In that memorandum I did not give consideration to the pro...

67
1655
GOLD
Gold excise: proposed calculation of official price of gold by deducting excise from actual price: effect on contractual and other obligations dependent on price of gold: power to declare official price of gold
Geo. S. Knowles
03 November 1939
National Security (Monetary Control) Regulations reg 7: National Security (Gold Excise) Regulations reg 4: National Security Act 1939

The Secretary, Department of the Treasury, has forwarded to me a letter received by him from Sir Walter Massy-Greene and has asked for my advice on the suggestion therein made. The letter is as follow...

68
1656
PARLIAMENT
NOMINATION BY member of parliament granted leave of absence for military purposes OF colleague to ACT AS ABSENT MEMBER’S PROXY IN parliament: APPOINTMENT BY elector absent as member of a Defence organization OF proxy to exercise ABSENT ELECTOR’S ELECTORAL franchise
Geo. S. Knowles
16 November 1939
Constitution ss 8, 23, 30, 40, 42, 43, 44

The following letter received by the Prime Minister from the Honourable H.V.C. Thorby, M.P., has been forwarded to me for advice: In view of the seriousness of the war position overseas and ...

69
1657
DEFENCE
sentries: power of arrest and power to fire upon person evading arrest: EXTENT OF POWER UNDER NATIONAL SECURITY ACT OR DEFENCE ACT TO MAKE REGULATIONS EXTENDING POWERS OF SENTRIES
Geo. S. Knowles
12 December 1939
National Security Act 1939 s 13: Defence Act 1903

With reference to your memorandum of 26th October, 1939, I have to advise you that, in my opinion, regulations on the lines suggested in paragraphs 6 and 7 of the minute enclosed with your memorandum ...

70
1658
VACATION OF STATE PARLIAMENT SEAT
APPOINTMENT OF STATE MEMBER BY COMMONWEALTH MINISTER TO STATE WOOL COMMITTEE OF TASMANIA: WHETHER STATE SEAT VACATED BY ACCEPTANCE BY STATE MEMBER OF FEES AND EXPENSES AS MEMBER OF COMMITTEE
W. M. Hughes
14 December 1939
Constitution Act 1934 (Tas) s 32: Acts Interpretation Act 1931 (Tas) s 12

I am in receipt of your letter of the 1st December, 1939, requesting my advice as to whether or not you may accept, without prejudice to your Parliamentary position, certain fees and travelling expens...

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