Legal Opinions

Printer-friendly version Send by email PDF version
71
1659
ACQUISITION OF LAND
power to make regulation under National Security Act providing that notification in Gazette UNnecessary where land is acquired under Lands Acquisition Act for Defence purposes: POWER TO MAKE REGULATIONS RELATING TO DEFENCE AREAS: WHETHER REQUIREMENT FOR AREA TO BE PROCLAIMED CAN BE REMOVED
J. F. Gamble
11 January 1940
NATIONAL SECURITY ACT 1939 s 5(b): DEFENCE ACT 1903 s 124(1)(na)

On further consideration, I am doubtful whether there is power to make a regulation under the National Security Act providing that a notification in the Gazette shall not be necessary where land is ac...

72
1660
PRICE REGULATION
whether Commonwealth Government Departments are bound by Prices Regulations Orders issued under National Security (Prices) Regulations
G. B. Castieau
07 February 1940
National Security (Prices) Regulations

I am in receipt of your memorandum of the 30th January, 1940, No. P. 40/309, requesting advice whether Commonwealth Government Departments are bound by Prices Regulations Orders issued under the Natio...

73
1661
PRICE REGULATION
whether possible in order to stimulate production of copper to increase domestic price of copper conditional on producer’s maintaining specified amount per ton in reserve
Geo. S. Knowles
08 February 1940
National Security (Prices) Regulations

I am in receipt of your memorandum dated 6th February, 1940, asking for my views as to whether it is possible, in order to stimulate the production of copper, to increase the domestic price of copper ...

74
1662
wheat acquisition
ACQUISITION OF WHEAT: whether price paid to growers may differ in different states: ACQUISITION ON JUST TERMS: WHETHER PREFERENCE TO STATE OR PART THEREOF: WHETHER NATIONAL SECURITY (WHEAT ACQUISITION) REGULATIONS ARE ‘LAW OR REGULATION OF TRADE, COMMERCE OR REVENUE’ WITHIN MEANING OF CONSTITUTION s 99
Geo. S. Knowles
23 February 1940
National Security Act 1939: Constitution ss 51(vi), (xxxi), 99: Wheat Acquisition Regulations regs 14, 19

The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice: A letter has been received from the Australian Wheat Board, which is as follows: R...

75
1663
BARLEY ACQUISITION
acquisition of barley: ACQUISITION ON just terms: CALCULATION OF JUST TERMS: RELEVANCE OF PRE-WAR PRICES: RELEVANCE OF IMPACT OF WAR ON SUPPLIER’S BUSINESS: RELEVANCE OF PRICE OBTAINED BY BARLEY BOARD: significance of CLAIM BY SUPPLIERS TO HAVE PRODUCED BARLEY FOR SPECIAL MARKET WHICH HAD NEVER BEEN OVER-SUPPLIED
Geo. S. Knowles
26 March 1940
Constitution ss 51(xxxi): Australian Barley Board Regulations reg 16

The Secretary, Department of Commerce, has forwarded for my advice the following memorandum: A letter as follows has been received from the Primary Producers’ Association of Western Au...

76
1664
ESTABLISHMENT OF RELIGION
DESIGNATION OF MEMBERS OF ROMAN CATHOLIC RELIGION: ENTRY IN TELEPHONE DIRECTORY: ESTABLISHMENT OF RELIGION: POWER OF COMMONWEALTH TO MAKE LAW RELATING TO DESIGNATION OF RELIGIOUS BODY
Geo. S. Knowles
03 April 1940
ROMAN CATHOLIC RELIEF ACT 1829 (U.K.) (10 Geo. IV c.7): CONSTITUTION s 116

I am in receipt of your letter dated 15th February, 1940, enclosing departmental file relating to the protest made by Archbishop Le Fanu, Primate of Australia, against the entries in the telephone dir...

77
1665
DUAL NATIONALITY
BRITISH NATIONALS WITH DUAL NATIONALITY CALLED UP FOR MILITArY SERVICE IN FOREIGN COUNTRY: LACK OF entitleMENT to British diplomatic protection IN COUNTRY OF SECOND NATIONALITY: exercise by foreign power of jurisdiction over British subjects while in Australia: COMMONWEALTH PRACTICE IN RELATION TO BRITISH SUBJECTS IN AUSTRALIA CALLED UP FOR FOREIGN SERVICE
Geo. S. Knowles
03 May 1940

I have received your letter dated 29th April, 1940, relating to the position of three young men living in Adelaide who have been called up for French military service, and assure you that I do not in ...

78
1666
CROWN DEBTS
PRIORITY OF COMMONWEALTH CROWN DEBTS IN LIQUIDATION OF COMPANIES: COMMONWEALTH AND STATE CROWN DEBTS RANK PARI PASSU: POWER OF STATES TO LEGISLATE SO AS TO DESTROY PREROGATIVE PRIORITY OF COMMONWEALTH
Geo. S. Knowles
11 June 1940
COMPANIES ACT (NSW) 1936

I refer to my previous memoranda of 23rd October and 3rd November, 1939(1) (your G.39/10701), relative to the priority of Commonwealth debts on the winding-up of a company. The decision of the High...

79
1667
DEFENCE
DEFENCE: PROHIBITION OF ENTRY INTO PRACTICE AREA: proclamation of PRACTICE AREA EXTENDING BEYONG TERRITORIAL WATERS: LEGISLATIVE power of COMMONWEALTH in regard to territorial waters of Commonwealth
Geo. S. Knowles
17 August 1940
Air Force Regulations 1927 regs 160, 439: Defence Act 1903 s 72: Offences Against Customs and Excise Laws Act 1735 (U.K.) (9 Geo. II c. 35): Constitution covering cl 5, s 51(vi): Australian Military Regulations reg 1251: Air Force Act 1923

The Secretary, Department of Air, has forwarded the following memorandum to me for advice: Air Force Regulation 439 prescribes as follows: A ship, boat, aircraft or person shall ...

80
1668
BARLEY ACQUISITION
acquisition of barley: ‘JUST TERMS’: SUPPLEMENTARY OPINION: RE-EVALUATION OF RELEVANT CONSIDERATIONS: RELEVANCE OF PRICE OBTAINED BY COMMONWEALTH
Geo. S. Knowles
10 September 1940
Constitution s 51(xxxi): Australian Barley Board Regulation reg 16

I refer to your memorandum No. W.51.1.15 of 6th August requesting further advice with regard to the requirement of ‘just terms’ contained in the Constitution. The last paragraph of my ...

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', '', '54.196.2.131', 0, 'ij6m2d6bd5r987n30ik7j4ggc0', 31, 1511134609) in C:\wamp\www\includes\database.mysqli.inc on line 134
Call Stack
#TimeMemoryFunctionLocation
10.0003677088{main}( )..\index.php:0
20.00331013008drupal_bootstrap( )..\index.php:15
30.01171556344_drupal_bootstrap( )..\bootstrap.inc:1113
40.03103504536bootstrap_invoke_all( )..\bootstrap.inc:1185
50.03283505224module_invoke( )..\bootstrap.inc:684
60.03283505720call_user_func_array ( )..\module.inc:476
70.03283505960statistics_exit( )..\module.inc:476
80.03463573640db_query( )..\statistics.module:63
90.03483575408_db_query( )..\database.mysql-common.inc:42
100.03523576832trigger_error ( )..\database.mysqli.inc:134