Legal Opinions

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31
1702
EMPLOYMENT OF FEMALE
VALIDITY OF DRAFT BILL TO MAKE PROVISION FOR RETIREMENT OF FEMALES FROM ENGINEERING INDUSTRY AT CONCLUSION OF STATE OF WAR: POWER TO REGULATE INDUSTRY: CONCILIATION AND ARBITRATION POWER: DEFENCE POWER
Geo. S. Knowles
08 June 1942

I refer to your memorandum of 5th June, 1942, enclosing a draft Bill to make provisions for the retirement of females from the engineering industry at the conclusion of the present state of war, and a...

32
1703
POSTS AND TELEGRAPH
CONCESSIONS IN CONNEXION WITH POSTAL, TELEGRAPH AND TELEPHONE SERVICES: ‘MEMBER OF THE NAVAL, MILITARY OR AIR FORCES OF THE COMMONWEALTH’: APPLICATION TO WOMEN’S FORCES: Women’s Auxiliary Force
Geo. S. Knowles
10 July 1942
DEFENCE ACT 1903 s 37

With reference to your memorandum of 1st June, since writing my memorandum of 30th April(1) I have, in another connexion, further examined the position of the Australian Women’s Army Service, in...

33
1704
ACQUISITION OF APPLES AND PEARS
VALIDITY OF PROPOSED REGULATION REQUIRING HOLDERS OF CROP MORTGAGES OVER APPLES AND PEARS TO LODGE CLAIM FOR COMPENSATION WITHIN ONE MONTH: APPLICATION OF STATUTE OF LIMITATIONS TO COMMONWEALTH
Geo. S. Knowles
10 July 1942
NATIONAL SECURITY (APPLE AND PEAR ACQUISITION) REGULATIONS regs 17, 23: JUDICIARY ACT 1903 s 64

With reference to your memorandum of 28th April, 1942, asking me to draft regulations to amend the National Security (Apple and Pear Acquisition) Regulations, I forward herewith twenty copies (includi...

34
1705
ACQUISITION OF TEA
ACQUISITION OF TEA: CLAIM FOR PAYMENT IN RESPECT OF TEA UNDER COMPANY’S CONTROL IN NETHERLANDS EAST INDIES: WHETHER NOTICE ACQUIRING TEA EXTENDS TO TEA OUTSIDE AUSTRALIA
Geo. S. Knowles
21 July 1942
NATIONAL SECURITY (PRICES) REGULATIONS regs 20, 44

The Acting Chairman, Tea Control Board, has submitted for advice a claim by D. and J. Fowler Limited for payment under regulation 44 of the National Security (Prices) Regulations of the value of certa...

35
1706
APPLICATION OF DOMESTIC LAW TO FOREIGN FORCES
ARMED FORCES OF FOREIGN NATION: WHETHER BOUND BY LAW PROVIDING FOR COMPULSORY INSURANCE BY EMPLOYER OF EMPLOYEE
Geo. S. Knowles
26 August 1942

In reply to your memorandum dated 5th June, 1942 (1542/W42/2258) I desire to inform you that, by international law, the armed forces of a foreign nation are not subject to the laws of this country (se...

36
1707
DEFENCE SERVICE
SERVICE REQUIREMENT OF MEMBERS OF DEFENCE FORCE: MEANING OF ‘AUSTRALIA’: TERRITORIES: MANDATED TERRITORIES: WHETHER SERVICE IN MANDATED TERRITORY IS OVERSEAS SERVICE FOR DEFENCE PURPOSES
G. B. Castieau
26 August 1942
DEFENCE ACT 1903 Parts IV, V, XII, XIII, XIV, ss 5A, 49: ACTS INTERPRETATION ACT 1901 s 17(p)

I refer to the letter dated 24th August, 1942, from Mr. R.S.R. to the Prime Minister. For the purposes of the Defence Act ‘Australia’ is defined to include the Territories of the Commo...

37
1708
SECRETARYSHIP OF PARLIAMENTARY COMMITTEE
SECRETARYSHIP OF PARLIAMENTARY STANDING COMMITTEE ON BROADCASTING: WHETHER SECRETARY MAY BE APPOINTED WITHOUT BEING APPOINTED OFFICER OF BOTH HOUSES OF PARLIAMENT: APPLICATION OF PUBLIC SERVICE ACT: APPOINTMENT AS OFFICER OF BOTH HOUSES
H. V. Evatt
18 September 1942
COMMONWEALTH PUBLIC SERVICE ACT 1922 s 9(i)(c)

In reply to your letter of 11th instant in relation to the Secretaryship of the Parliamentary Standing Committee on Broadcasting, I have carefully considered the matter and my opinion is as follows: ...

38
1709
acquisition of meat
acquisition of meat: assessment of just compensation: whether Commonwealth must distribute to persons from whom property has been acquired full amount obtained by sale of property less expenses of sale: review of determination OF PRICE by Commonwealth Prices Commissioner
Geo. S. Knowles
10 November 1942
NATIONAL SECURITY (AUSTRALIAN MEAT INDUSTRY COMMISSION) rEGULATIONS regs 32(a), (39(1): constitution ss 51(xxxi), 109: National Security (Apple and Pear Acquisition) Regulations

With reference to your memorandum of 4th November, 1942, whilst the Commission has power to purchase meat by voluntary agreement at any price (see regulation 32(a)), in my opinion as soon as the sale ...

39
1710
CONCILIATION AND ARBITRATION
CONCILIATION AND ARBITRATION: EFFECT OF COMMON RULE UNDER NATIONAL SECURITY (INDUSTRIAL PEACE) REGULATIONS: EFFECT AND ENFORCEABILITY AS IF ORDER OF CONCILIATION AND ARBITRATION COURT: WHETHER IMPORTATION OF PENALTIES PRESCRIBED BY COMMONWEALTH CONCILIATION AND ARBITRATION ACT
Geo. S. Knowles
16 November 1942
NATIONAL SECURITY (INDUSTRIAL PEACE) REGULATIONS regs 3, 7: COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904 s 44: NATIONAL SECURITY (COAL MINING INDUSTRY EMPLOYMENT) REGULATIONS: NATIONAL SECURITY (EMPLOYMENT OF WOMEN) REGULATIONS: NATIONAL SECURITY ACT 1940

I refer to your memorandum of 2nd July, 1942 (your 410/3/38) in which you ask for my opinion as to the significance of the judgment recently given by Judge O’Mara on the application under reg...

40
1711
DISPOSAL OF FUNDS IN VOLUNTARY POOL
VALIDITY OF PROPOSAL TO GIVE MINISTER DISCRETIONARY POWER TO DISPOSE OF MONEYS STANDING TO CREDIT OF ANY FUND OR POOL: ENTITLEMENT OF TRADER TO RETURN OF MONEYS VOLUNTARILY PAID INTO POOL: COMPULSORY PAYMENT OF FIXED MAXIMUM PRICE INTO POOL UNEXPENDED BALANCE IN WHICH MIGHT BE PAID BY DIRECTION OF MINISTER INTO REVENUE CONSTITUTES TAX
Geo. S. Knowles
18 November 1942
NATIONAL SECURITY (PRICES) REGULATIONS proposed reg 50A

I refer to your memorandum dated 15th October, 1942, forwarding instructions for the amendment of the National Security (Prices) Regulations and I forward herewith twenty copies (including the Reader&...

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