Legal Opinions

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11
1687
COMPENSATION OF INTERNEES
PAYMENT OF COMPENSATION ON ACCOUNT OF INTERNEES KILLED OR INJURED IN THE COURSE OF WORK: APPLICATION TO INTERNEES OF COMMONWEALTH EMPLOYEES COMPENSATION ACT: ‘EMPLOYEES’: PRACTICE IN OTHER COUNTRIES
Geo. S. Knowles
29 August 1941
COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930: NATIONAL SECURITY (INTERNMENT CAMPS) REGULATIONS regs 6(2), 15(1), 18(3): EMPLOYERS AND EMPLOYEES’ ACT 1928 (Vic) Part III

In reference to your memorandum of 30th June, the first question which calls for consideration is the possible application to internees of the Commonwealth Employee’s Compensation Act 1930. ...

12
1688
COMMONWEALTH RAILWAYS
PROPOSAL TO SERVE WINES ON TRANS-AUSTRALIAN RAILWAY TO PASSENGERS PARTAKING OF MEALS: POWER TO MAKE BY-LAW PURPORTING TO AUTHORISE DISPOSAL OF WINE IN THIS MANNER: REQUIREMENT FOR LEGISLATION CONFERRING POWER TO SUPPLY WINE WITHOUT CONTRAVENING STATE LEGISLATION
Geo. S. Knowles
15 September 1941
COMMONWEALTH RAILWAYS ACT 1917

I am in receipt of your memorandum No. C.R. 7700 dated the 23rd July, 1941, relative to the proposal to serve wines on the Trans-Australian railway to passengers partaking of meals. I concur in the...

13
1689
COMMONWEALTH BANK
COMMONWEALTH BANK BOARD: ACCEPTANCE OF MEMBERHIP BY MEMBER OF VICTORIAN STATE LEGISLATIVE COUNCIL: WHETHER office or place of profit under Crown, or perforMANCE OF duty or transactION OF business for or on behalf of Crown for or in expectation of fee gain or reward: VACATION OF SEAT: ‘CROWN’
Geo. S. Knowles
26 October 1941
Constitution Act Amendment Act 1928 (Vic) ss 25, 27, 28

I have been asked to advise whether, in the event of a member of the Legislative Council of Victoria being appointed as a member of the Commonwealth Bank Board, he would incur the penalties prescribed...

14
1690
LAND TAX
TAXATION: POWER TO PEG VALUE OF LAND FOR LAND TAX PURPOSES BY REGULATION UNDER NATIONAL SECURITY ACT: IMPOSITION OF TAXATION: DELEGATION OF POWER TO IMPOSE TAXATION
B. Sugerman, E. M. Mitchell
09 February 1942
LAND TAX ASSESSMENT ACT 1910 ss 17, 18, 20: LAND TAX ACT 1910 s 3: NATIONAL SECURITY ACT 1939 ss 5(1), 18: NATIONAL SECURITY (APPLE AND PEAR ACQUISITION) REGULATIONS reg 2: CONSTITUTION s 53

By section 20 of the Land Tax Assessment Act as amended assessments of Land Tax are to be made in respect of triennial periods. The current triennial period will expire on June 30th 1942, and unless t...

15
1691
CHILD ENDOWMENT
CHILD ENDOWMENT: PAYMENT TO CHILDREN OF ABORIGINES AND HALF-CASTES: MEANING OF ‘NOMADIC’: ABORIGINAL NATIVES LIVING AT OR ASSISTED BY MISSION STATIONS
Geo. S. Knowles
12 March 1942
CHILD ENDOWMENT ACT 1941 ss 4, 13, 15, 20: CHILD ENDOWMENT REGULATIONS regs 4, 7(2), 16

The Secretary, Department of Social Services, has forwarded the following memorandum to me for advice: In considering applications by Aboriginal Missions for the approval of the Minister to ...

16
1692
REINSTATEMENT IN CIVIL EMPLOYMENT
WHETHER EMPLOYEE WHO RESIGNS EMPLOYMENT PRIOR TO AND WITH VIEW TO VOLUNTEERING FOR WAR SERVICE MAY BE REGARDED AS HAVING BEEN EMPLOYED IMMEDIATELY PRIOR TO DATE UPON WHICH HE VOLUNTEERED FOR WAR SERVICE
Geo. S. Knowles
18 March 1942
NATIONAL SECURITY (REINSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS reg 3

I refer to your memorandum of 28th October, 1941 (No. 220/14/18) requesting to know whether an employee who resigns his employment prior to and with a view to volunteering for war service may be regar...

17
1693
PRIZE LAW
PROPOSED CHANGES IN PROCEDURE WITH RESPECT TO PRIZES TAKEN BY UNITED STATES NAVAL FORCES IN FOREIGN WATERS: WHETHER COMMONWEALTH GOVERNMENT SHOULD SIGNIFY ITS WILLINGNESS TO CONCUR IN PROPOSALS: COURTS’ JURISDICTION IN PRIZE CASES WITHOUT HAVING RES BROUGHT BEFORE COURTS: REQUISITION OF PRIZES
Geo. S. Knowles
21 March 1942

I refer to your minute of 19th February, 1942, forwarding copy of a letter from the American Legation on the subject of certain proposed changes in the procedure with respect to prizes taken by the Un...

18
1694
DISALLOWANCE OF REGULATIONS
WHETHER NECESSARY FOR REGULATIONS TO BE LAID ON TABLE OF SENATE BEFORE MEMBER OF SENATE CAN MOVE FOR DISALLOWANCE
G. B. Castieau
25 March 1942
ACTS INTERPRETATION ACT 1901 ss 10, 48: SENATE STANDING ORDER 364

I refer to your memorandum dated 24th March, 1942, requesting advice on the question whether it is necessary for regulations to be laid on the table of the Senate before any member of the Senate can m...

19
1695
NETHERLANDS INDIES
EFFECT OF NETHERLANDS ROYAL DECREE VESTING IN ROYAL NETHERLANDS GOVERNMENT CLAIMS AND RIGHTS REGARDING ASSETS BELONGING TO RESIDENTS AND COMPANIES OF NETHERLANDS INDIES: POWER OF COMMONWEALTH TO REQUISITION GOODS IN AUSTRALIA AND PAY COMPENSATION TO ROYAL NETHERLANDS GOVERNMENT: GOLD AND BANK CREDITS
J. A. Beasley
27 March 1942

I refer to the question of the disposal of goods now in Australia or to arrive in Australia and consigned either to the Royal Netherlands Indies Government or to persons or companies domiciled in the ...

20
1697
INCOME TAX
VALIDITY OF PROPOSED UNIFORM FEDERAL INCOME TAX SCHEME: PRIORITY FOR COMMONWEALTH INCOME TAX: COLLECTION OF INCOME TAX: FINANCIAL ASSISTANCE TO STATES
W. K. Fullagar
01 April 1942
Draft Bill for INCOME TAX ASSESSMENT ACT 1942 cll 3-15, 16-17, 26, 27, 221: Draft Bill for INCOME TAX (WAR-TIME ARRANGEMENTS) ACT 1942 cll 3, 10, 11, 12, 13, 15, 16: INCOME TAX ASSESSMENT ACT 1922 s 59: CONSTITUTION ss 51(ii), (iv), (xxxi), 96, 105A: FINANCIAL EMERGENCY (STATE LEGISLATION) ACT 1932: COMMONWEALTH INSCRIBED STOCK ACT 1911 s 52B: NATIONAL SECURITY ACT 1940

We are asked to advise whether the draft Bills for the Income Tax Assessment Act 1942 and the Income Tax (War-Time Arrangements) Act 1942 are in any respect ultra vires, and generally on the con...

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