Legal Opinions

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1768
TRADE AND COMMERCE: ENEMY TERRITORY: ALBANIA
CUSTOMS PROCLAMATION PROHIBITING TRADE WITH PERSONS CARRYING ON BUSINESS IN ‘ENEMY TERRITORY’: WHETHER ALBANIA IS ENEMY TERRITORY
, KNOWLES George Shaw
24 April 1946
Customs Proclamation No. 498

I refer to your memorandum dated 6th February, 1946, on the above subject. On 24th July, 1940, the Governor-General, by Customs Proclamation No. 498, prohibited trading with persons carrying on busin...

12
1769
USE OF WORD ‘COMMONWEALTH’ IN NAMES OF COMPANIES
COMPANIES ACTS OF STATES: APPLICATIONS FOR REGISTRATION OF COMPANIES UNDER NAME WHICH INCLUDES ‘COMMONWEALTH’: ACTIONS TAKEN BY STATES TO PREVENT USE OF ‘COMMONWEALTH’ IN REGISTERED NAMES OF COMPANIES
HOLLOWAY Edward James
29 April 1946
COMPANIES ACT 1936 (NSW): COMPANIES ACT 1939 (Tas): COMPANIES ACT 1938 (Vic) ss 17(2), 353: COMPANIES ACT 1943 (WA): COMPANIES ACT AMENDMENT ACT 1939 (SA)

I refer to your letter of 28th February, 1946, relating to the use of the word ‘Commonwealth’ in the name of any company seeking registration under the Companies Act 1938 of Victoria. In 1...

13
1770
WHALING
SCOPE OF COMMONWEALTH’S EXTERNAL AFFAIRS POWER: RATIFICATION BY AUSTRALIA OF AGREEMENTS AND PROTOCOLS RELATING TO WHALING: VALIDITY OF LEGISLATION GIVING EFFECT TO AGREEMENTS AND PROTOCOLS
WHITLAM Harry Frederick Ernest
03 June 1946
CONSTITUTION s 51(xxix): INTERNATIONAL AGREEMENT FOR THE REGULATION OF WHALING done at London on 8 June 1937

I refer to your memorandum dated 25th January, 1946, in connexion with the ratification, by Australia, of certain Agreements and Protocols relating to whaling. Under placitum (xxix) of section 51 of...

14
1771
PARLIAMENTARY POWERS AND PRIVILEGES
BROADCASTING OF PROCEEDINGS OF HOUSE OF REPRESENTATIVES: WHETHER MEMBERS OF PARLIAMENT ARE PROTECTED IN RESPECT OF BROADCASTING OF DEFAMATORY STATEMENTS MADE DURING PARLIAMENTARY PROCEEDINGS: BILL TO PROTECT AUSTRALIAN BROADCASTING COMMISSION AND COMMONWEALTH AGAINST PROCEEDINGS IN RESPECT OF DEFAMATORY STATEMENTS IN BROADCASTS OF PARLIAMENTARY PROCEEDINGS: OWNERSHIP OF PHYSICAL RECORDS OF BROADCASTS OF PARLIAMENTARY PROCEEDINGS
BAILEY Kenneth Hamilton
27 June 1946

I refer to your letter dated 26th June, 1946, in which you quote two questions asked by members of the House of Representatives concerning the experimental recordings now being made of the broadcastin...

15
1772
RE-ESTABLISHMENT AND EMPLOYMENT
WHETHER FOR PURPOSES OF s 10 OF RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 HIS MAJESTY HAS CEASED TO BE ENGAGED IN WAR AND WHETHER s 28 OF THAT ACT APPLIES ONLY TO A PERSON ENTITLED TO PREFERENCE
BAILEY Kenneth Hamilton
02 July 1946
RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 ss 10, 28

I refer to your memorandum of 9th January, 1946, regarding the interpretation of sections 10 and 28 of the abovementioned Act. The question in regard to section 10 is, in effect, whether His Majesty h...

16
1773
INTERNATIONAL COURT OF JUSTICE
WHETHER AUSTRALIAN GOVERNMENT SHOULD SUPPORT PROPOSED APPLICATION BY SWITZERLAND TO BECOME A PARTY TO THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE: POSSIBLE CONDITIONS APPLICABLE TO BECOMING A PARTY: AUSTRALIAN GOVERNMENT POLICY SUPPORTING ENLARGEMENT OF PLACE OF LAW IN INTERNATIONAL AFFAIRS AND RESORT TO INTERNATIONAL COURT OF JUSTICE
BAILEY Kenneth Hamilton
04 July 1946
CHARTER OF THE UNITED NATIONS arts 4, 93, ch XIV: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE art 4(3)

(1)  In my opinion the Australian Government should support the proposed application by Switzerland to become a party to the Statute of the International Court of Justice, subject of course ...

17
1774
CONSTITUTIONAL AMENDMENT
PROPOSED LAWS TO ALTER THE CONSTITUTION PASSED BY SENATE AND HOUSE OF REPRESENTATIVES: OBJECT OF SUBMITTING PROPOSED LAWS TO GOVERNOR-GENERAL: EXERCISE OF GOVERNOR-GENERAL’S POWERS UNDER s 58 OF THE CONSTITUTION: WHETHER s 58 OF THE CONSTITUTION APPLIES IN RELATION TO PROPOSED LAWS TO ALTER THE CONSTITUTION
HOLLOWAY Edward James
19 July 1946
CONSTITUTION s 58: CONSTITUTION ALTERATION (POST-WAR RECONSTRUCTION AND DEMOCRATIC RIGHTS) 1944: REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 s 5

I have the honour to acknowledge receipt of a letter dated 24th June, 1946, from the Official Secretary to Your Royal Highness transmitting a copy of each of three proposed laws to alter the Constitut...

18
1775
BIRTHS, DEATHS AND MARRIAGES
COMMONWEALTH POWER TO LEGISLATE TO ESTABLISH REGISTER OF BIRTHS, DEATHS AND MARRIAGES: WHETHER COMMONWEALTH HAS POWER TO MAKE EXTRACTS FROM REGISTER PRIMA FACIE EVIDENCE IN COURTS: WHETHER STATE LEGISLATION WOULD ALSO BE NECESSARY: SCOPE OF COMMONWEALTH’S CENSUS AND STATISTICS POWER
BAILEY Kenneth Hamilton
25 July 1946
CONSTITUTION s 51(xi)

I refer to your minute dated 14th June, 1946, forwarding correspondence in connexion with the suggestion of Mr. X that the Commonwealth take over the registration of births, deaths and marriages. The ...

19
1776
MANUFACTURE OF HOUSES
WHETHER COMMONWEALTH HAS POWER TO ENGAGE IN THE MANUFACTURE OF HOUSES: COMMONWEALTH REGULATION OF THE RIGHTS OF LANDLORDS AND TENANTS: DEFENCE POWER: EXTENT OF INCIDENTAL POWER: REFERRALS OF POWER TO COMMONWEALTH BY STATES
, BAILEY Kenneth Hamilton
25 July 1946
CONSTITUTION ss 51(vi), (xxxvii): NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS

I refer to your memorandum dated 3rd July, 1946, in which you asked for advice as to whether it is within the powers of the Commonwealth to enter into the manufacture of prefabricated houses. It is re...

20
1777
AVIATION
REGULATION OF INTRASTATE AIR NAVIGATION: PROPOSAL FOR REFERRAL TO COMMONWEALTH BY STATE PARLIAMENTS OF MATTERS WITH RESPECT TO INTRASTATE AIR NAVIGATION: EFFECT WHERE ONLY SOME STATE PARLIAMENTS REFER POWER: WHETHER A STATE PARLIAMENT MAY UNILATERALLY REVOKE A REFERRAL
BAILEY Kenneth Hamilton
01 August 1946
CONSTITUTION s 51 (xxxvii): COMMONWEALTH POWERS ACT 1943 (Vic)

I refer to your memorandum No. 192/101/1045 of 24th July requesting my advice on certain questions arising out of the proposal that the State Parliaments should refer matters with respect to intra-sta...

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