Legal Opinions

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51
1722
National Security
Power of man power authorities to interrogate persons in clubs, hotels etc: power to detain persons: power to cause person to pause in order for authorised person to make known requirement to answer questions or produce documentS
Geo. S. Knowles
03 June 1943
National Security (Man Power) Regulations Part III, regs 5, 6, 13

The Acting Attorney-General has referred to me for opinion an inquiry made at a recent meeting of the Advisory War Council by the Hon. P.C. Spender regarding the legal power of the man power ...

52
1723
CENSORSHIP
CENSORSHIP OF Members of the Australian Military Forces from writing or talking on military matters: COMMUNICATION OF PROHIBITED DEFENCE MATERIAL: COMMUNICATION OF SECRET MATERIAL: legaLITY OF ARMY Order relating to publication of information: BANNING BY Censorship of publication of any articles by or interviews with soldiers which do not conform to the Army OrdeR: RELEVANCE OF DISCIPLINE OF SOLDIER BY ARMY : publication OF articles or interviews without censorship approvAL
Geo. S. Knowles
18 August 1943
DEFENCE ACT 1903 ss 73, 73 a: CRIMES ACT 1914 s 79: Regulations and OrderS for the Australian Military Forces para 309: Acts Interpretation Act 1901 s 48: National Security (General) Regulations reg 17

I am in receipt of your memorandum of the 10th August, 1943, advising me that the Acting Director-General of Public Relations (Army) has circularised his deputies in all States instructing them to ins...

53
1724
Delegation OF FUNCTIONS by the Sovereign
Delegation OF FUNCTIONS by the Sovereign to Counsellors of StaTE in case of partial incapacity or of absence from United KingdOM: proposed amendments BY Government of the United Kingdom: whether request and consent of Australia required
K. H. Bailey
26 August 1943
Regency Act 193 7 (U.K.) (1 Edw. 8 & 1 Geo. 6 c. 16) ss 2(1),2(2), 6: Statute of Westminster 1931 (U.K.) (22 & 23 Geo. V c. 4) s 4

The Government of the United Kingdom proposed to amend section 6 of the Regency Act, in order to remove some practical defects in the provision made by the Act for the delegation by the Sover...

54
1725
PROSECUTION FOR PUBLICATION OF INFLAMMATORY POLITICAL PAMPHLET
Vigilant newspaper of 14 July 1943: pamphlet entitled ‘Rome’s Domination of the Parliamentary Labor Party’: PROSPECTS OF SUCCESS OF PROSECUTION: SEDITIOUS WORDS: ‘SEDITION’: ELECTORAL OFFENCES: PUBLICATION OF untrue or incorrect statement intended or likely to mislead or improperly interfere with elector in or in relation to casting of vote: defamatory libel
W. K. Fullagar, Wilbur L. Ham
04 October 1943
Crimes Act 191 4 s 24D: Commonwealth Electoral Act 1918 s 161(e)

We have before us a copy of The Vigilant newspaper of the 14th July 1943, together with a pamphlet entitled ‘Rome’s Domination of the Parliamentary Labor Party’. The pamphlet consist...

55
1726
Qualification for election to Parliament
Dame Enid Lyons: receipt of pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: ANNUITY payable during life or until remarriage: disputed elections
Geo. S. Knowles
04 November 1943
CONSTITUTION ss 44, 47: SPECIAL ANNUITIES ACT 1939 : Commonwealth Electoral Act 1902 Part XVI

With reference to your minute dated 5th October, 1943, I desire to inform you that section 44 of the Constitution provides that any person who, amongst other things, holds any pension payable during t...

56
1757
DEFENCE FORCE
ADMINISTRATION OF THE AUSTRALIAN ARMY: RESPONSIBILITIES AND POWERS OF COMMANDER-IN- CHIEF OF THE AUSTRALIAN MILITARY FORCES AND PERMANENT HEAD OF THE DEPARTMENT OF THE ARMY: WHETHER AUSTRALIAN MILITARY FORCES FORM PART OF THE DEPARTMENT OF THE ARMY: ROLE OF THE MINISTER FOR THE ARMY:
EVATT Herbert Vere
01 January 1944
CONSTITUTION ss 64, 68: DEFENCE ACT 1903 s 8: PUBLIC SERVICE ACT 1902 s 12(2): PUBLIC SERVICE ACT 1922 s 25(2)

I have considered the correspondence in relation to this matter of which you have forwarded a copy to me for my views. Actually, two matters are discussed in the correspondence: 1.  The rela...

57
1729
PENSION
ELIGIBILITY OF TORRES STRAIT ISLANDERS
Geo. S. Knowles
01 February 1944
INVALID AND OLD-AGE PENSIONS ACT 1908–1943 ss 16, 21(1): WIDOWS’ PENSIONS ACT 1942–1943 ss 6, 14 : MATERNITY ALLOWANCE ACT 1912–1943 s 6(2): ABORIGINALS PRESERVATION AND PROTECTION ACT 1939 (Qld) ss 4, 5(2), 5(3): TORRES STRAIT ISLANDERS ACT 1939 (Qld)

The Commissioner of Pensions has forwarded the following memoranda to me for advice: Memorandum No. 1 Sub-section (1) of section 16 of the Invalid and Old-age Pensions Act provides, inte...

58
1727
CONSTITUTIONAL AMENDMENT
WHETHER BILL TO ALTER CONSTITUTION FOR A LIMITED TERM CAN CONTAIN PROVISION FOR THE HOLDING OF ANOTHER REFERENDUM ON CONTINUANCE AT THE EXPIRATION OF THAT TERM
Geo. S. Knowles
09 February 1944
CONSTITUTION s 128

I have been asked to advise whether provision could be made in the Constitution Alteration Bill,(1) about to be introduced into the Parliament, for the holding, at the expiration of five years from th...

59
1728
TAXATION
UNIFORM INCOME TAXATION AND PROPOSALS FOR THE ADOPTION OF ‘PAY-AS-YOU-GO’: QUESTION OF PRIOR CONSULTATION WITH STATES: CESSATION OF WAR : EXPIRY OF TEMPORARY ARRANGEMENTS
K. H. Bailey
09 February 1944
STATES GRANTS (INCOME TAX REIMBURSEMENT) ACT 1942

You will recall that after consultation with you the Treasurer asked me to look into a question concerning the proposed adoption of a plan of ‘pay-as-you-go’ taxation. The Treasurer ...

60
1730
FOOD CONTROL
FOOD CONTROL: WAR CONDITIONS: SHORTAGES IN SOME PARTS OF AUSTRALIA AND SURPLUS STOCKS OF FOODSTUFFS IN OTHERS: REGULATION OF MOVEMENT OF FOODSTUFFS INTERSTATE: FREEDOM OF INTERSTATE TRADE: DISCRIMINATION BETWEEN STATES: NATIONAL SECURITY (FOOD CONTROL) REGULATION
G. B. Castieau
11 March 1944
CONSTITUTION ss 92, 99

I refer to your memorandum dated 5th January, 1944, seeking advice as to what action would be constitutionally possible to control the movement of foodstuffs from one State to another. From subsequent...

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