Legal Opinions

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1731
CONSTITUTIONAL AMENDMENT
PROPOSED CONSTITUTIONAL AMENDMENT: CONSTITUTION ALTERATION (POST-WAR RECONSTRUCTION AND DEMOCRATIC RIGHTS) BILL 1944: EXERCISE OF POWERS OF GOVERNOR-GENERAL: REQUIREMENT FOR SUBMISSION OF PROPOSED LAW TO AND APPROVAL OF ELECTORS: QUESTION OF RESERVATION FOR SOVEREIGN’S PLEASURE
H. V. Evatt
06 April 1944
CONSTITUTION ALTERATION (POST-WAR RECONSTRUCTION AND DEMOCRATIC RIGHTS) BILL 1944: CONSTITUTION ss 58, 128

I have the honour to acknowledge receipt of a letter dated 27th March, 1944, from the Military and Official Secretary to Your Excellency transmitting a copy of a proposed law passed by the Senate and ...

62
1732
POLITICAL NAMES
PROPOSAL TO PROTECT USE OF POLITICAL NAMES : PROPOSAL TO PROHIBIT USE OF NAME ‘AUSTRALIAN LABOR PARTY’ AND ASSOCIATED NAMES : COPYRIGHT : TRADE MARKS : POWER TO LEGISLATE WITH RESPECT TO ELECTIONS : INCIDENTAL POWER
, EVATT Herbert Vere
11 April 1944
COPYRIGHT ACT 1905 : TRADE MARKS ACT 1905

With reference to your request that I should give consideration to the possibility of amending the Electoral Act, the Copyright Act or the Trade Marks Act to protect the Australian Labor Party by proh...

63
1733
CENSORSHIP
PRISONERS OF WAR CAMP, COWRA: ESCAPE OF PRISONERS: PUBLICATION OF MATTER IN SUNDAY TELEGRAPH: QUESTION OF BREACH OF PRESS AND BROADCASTING CENSORSHIP ORDER: REQUIREMENT FOR SERIOUS DEFENCE SECURITY ASPECT: PROOF OF SERVICE OF DIRECTION ON EDITOR
Geo. S. Knowles
09 August 1944
PRESS AND BROADCASTING CENSORSHIP ORDER paras 11(1)(A), 11(1)(B), 11(1)(C), 12A, 12D

The Private Secretary to the Prime Minister (Mr. McLaughlin) has informed me that the Prime Minister desires me to advise on the question as to whether a breach of the Press and Broadcasting Censorshi...

64
1734
NATIONALISATION OF INTERSTATE COMMERCIAL AVIATION
TRADE AND COMMERCE POWER: POWER TO NATIONALISE INTERSTATE COMMERCIAL AVIATION: EXCLUSION OF ALL PRIVATE AGENCIES FROM INTERSTATE COMMERCIAL AVIATION: FREEDOM OF INTERSTATE TRADE: MONOPOLISATION OF PARTICULAR MEANS OF INTERSTATE TRANSPORT: POWER TO ‘CANALISE’ COURSE OF TRADE WITHIN PRESCRIBED AGENCIES
Geo. S. Knowles
25 September 1944
CONSTITUTION ss 51(i), (xxxi), 92

I am asked to advise whether the Constitution permits the Commonwealth to nationalise interstate commercial aviation. Such a policy would require the establishment of a Commonwealth instrumental...

65
1735
PHARMACEUTICAL, HOSPITAL AND MEDICAL BENEFITS
VALIDITY OF PHARMACEUTICAL BENEFITS ACT 1944 AND OF COMMONWEALTH HOSPITAL AND MEDICAL BENEFITS SCHEMES : STANDING TO CHALLENGE VALIDITY OF COMMONWEALTH ACT APPROPRIATING MONEYS : SCOPE OF APPROPRIATION POWER : ‘FOR THE PURPOSES OF THE COMMONWEALTH’ : EXTENT OF INCIDENTAL POWERS : POWER TO IMPOSE REQUIREMENTS OF MEDICAL BENEFITS SCHEME ON ALL LEGALLY QUALIFIED MEDICAL PRACTITIONERS
Geo. S. Knowles
26 September 1944
PHARMACEUTICAL BENEFITS ACT 1944 ss 8(2), 11(3), 12, 21, 22, 23 : CONSTITUTION ss 51(xxxix), 81, 96

Subsequently to the rejection by the electors of the Constitution Alteration (Post-War Reconstruction and Democratic Rights) Bill 1944,(1) the Director-General of Health sought my opinion upo...

66
1736
STANDARDISATION OF RAILWAY GAUGES
RAILWAYS: STANDARDISATION OF RAILWAY GAUGES: POWER OF COMMONWEALTH TO MAKE CONDITIONAL GRANTS TO STATES FOR PURPOSE OF UNIFICATION OF GAUGES: USE OF DEFENCE AND/OR TRADE AND COMMERCE POWER TO REGULATE INTERSTATE TRANSPORT: INTERSTATE TRANSPORT: POWER TO REGULATE STATE INSTRUMENTALITIES: POWER TO REGULATE COMMON CARRIERS: VALIDITY OF GRANT CONDITIONAL ON STATE ALTERING ITS LAW
Geo. S. Knowles
03 October 1944
CONSTITUTION ss 51(i), (vi), 96, 98

My views are desired on the following matters: Whether the Commonwealth can make conditional Grants to States for the purpose of unification of their gauges analogous to the Fed...

67
1737
BANKING
BANKING: POWER TO PROHIBIT TRADING BANKS TRADING WITH CERTAIN PUBLIC AUTHORITIES: MUNICIPAL CORPORATIONS AND STATES: POWER TO PRESCRIBE THAT BANKING BUSINESS OF SUCH AUTHORITIES WILL BE EXCLUSIVELY WITH COMMONWEALTH BANK: EXTENT OF BANKING POWER: POWER TO PROHIBIT BANKING IN GENERAL AND PARTICULAR BANKING
G. B. Castieau
11 January 1945
CONSTITUTION s 51(v), (xiii) : POSTS AND TELEGRAPH ACT 1901

I have been asked to advise as to whether it would be constitutional to provide: that trading banks shall not trade with certain authorities, e.g. municipal corporations or states; and tha...

68
1738
COAL INDUSTRY
NATIONALISATION OF COAL INDUSTRY: ACQUISITION AND OPERATION BY COMMONWEALTH OF PARTICULAR COAL MINES IN ORDER TO MAINTAIN SUPPLY OF COAL FOR ITS OWN NEEDS: EXTENT OF DEFENCE POWER: EXTENT OF DEFENCE POWER IN PEACETIME: ACQUISITION OF PROPERTY ON JUST TERMS
Geo. S. Knowles
24 January 1945
CONSTITUTION s 51(vi)

I am in receipt of your letter of 5th January relative to your earlier request for an opinion as to whether there is any legal impediment to action by the Commonwealth Government to nationalise the co...

69
1739
BANKING
BANKING POWERS IN PEACETIME: "BANKING":
REGULATION OF INTEREST RATES, CREDIT POLICY, OVERSEAS EXCHANGE AND INVESTMENT, TRADING BANK RESERVES: FINANCIAL INSTITUTIONS OTHER THAN BANKS: POWER TO REQUIRE TRADING BANKS TO DEPOSIT SURPLUS INVESTIBLE FUNDS WITH COMMONWEALTH BANK: REQUIREMENT THAT TRADING BANKS MAINTAIN MINIMUM RESERVE AT COMMONWEALTH BANK: WHETHER ACQUISITION OF PROPERTY
08 February 1945
CONSTITUTION s 51(i), (ii), (iv), (xii), (xiii), (xvi), (xx), (xxix), (xxxi), (xxxix): BRITISH NORTH AMERICA ACT 1867 (30 Vict. c. 3) s 91(15), (16), (19): ACTS INTERPRETATION ACT 1901 s 15A: MONEYLENDERS ACT 1927 (U.K.) (17 & 18 Geo. V c. 21) s 4(3): MONEY LENDERS ACT 1938 (Vic) s 24(2): CO-OPERATION ACT 1923

The Treasurer has asked a number of questions relating to the constitutional powers of the Commonwealth, in time of peace, with respect to banking and certain other cognate financial matters. To answe...

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1740
INCOME TAX
INCOME TAX: PROPOSAL TO ALLOW CONCESSIONAL DEDUCTION TO RESIDENTS OF CERTAIN AREAS: DISCRIMINATION BASED ON GEOGRAPHICAL, ECONOMIC AND SOCIAL DISABILITIES: WHETHER PROHIBITED AS DISCRIMINATION OR PREFERENCE
Geo. S. Knowles
09 February 1945
CONSTITUTION ss 51(ii), 99: INCOME TAX ASSESSMENT ACT 1936

The Commissioner of Taxation has forwarded the following memorandum to me for advice: A draft Cabinet minute has been prepared proposing amendments to the Income Tax Assessment Act, one of whi...

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