Legal Opinions

Printer-friendly version Send by email PDF version
161
1919
MEDICAL BENEFITS
PROPOSED MEDICAL BENEFITS SCHEME: WHETHER PROPOSED SCHEME MAY BE IMPLEMENTED UNDER s 6 OF NATIONAL HEALTH SERVICE ACT 1948: PROPOSED PAYMENTS BY COMMONWEALTH IN RESPECT OF PROFESSIONAL SERVICES ‘RENDERED’ BY MEDICAL PRACTITIONERS: WHETHER PAYMENTS MAY BE MADE IN ADVANCE OF SERVICES BEING RENDERED
BAILEY Kenneth Hamilton
17 November 1950
NATIONAL HEALTH SERVICE ACT 1948 s 6

I refer to your memorandum dated 7th November, 1950, outlining a medical benefits scheme which it is desired to introduce. You desire to know whether such a scheme can be implemented within the confin...

162
1920
INTERSTATE AND OVERSEAS SHIPPING
WHETHER COMMONWEALTH DEPARTMENT MAY OPERATE INTERSTATE, OVERSEAS AND TERRITORIES SHIPPING SERVICE: WHETHER COMMONWEALTH MAY ENGAGE IN INTERSTATE TRADE AND COMMERCE AS AN EXERCISE OF EXECUTIVE POWER OR REQUIRES STATUTORY AUTHORISATION OTHER THAN APPROPRIATION ACT: SCOPE OF EXECUTIVE POWER OF COMMONWEALTH: APPROPRIATION ‘FOR THE PURPOSES OF THE COMMONWEALTH’: APPROPRIATION FOR CONDUCT BY COMMONWEALTH EXECUTIVE OF A SHIPPING SERVICE: WHETHER ADMINISTRATIVE ARRANGEMENTS ORDER SHOULD REFER TO DEPARTMENTAL FUNCTION OF PROVISION OF SHIPPING SERVICES
BAILEY Kenneth Hamilton
21 November 1950
CONSTITUTION ss 61, 64, 81: SHIPPING ACT 1949: NATIONAL SECURITY (SHIPPING CO-ORDINATION) REGULATIONS

I have received the following memorandum from the Secretary, Department of Fuel, Shipping and Transport, for advice: The Government is at present considering the possibility of its continuing to op...

163
1921
PHARMACEUTICAL BENEFITS
PROVISION OF PHARMACEUTICAL BENEFITS TO HOSPITAL PATIENTS: WHETHER PROVISION MAY BE MADE UNDER NATIONAL HEALTH SERVICE ACT 1948: WHETHER PROVISION CONSTITUTES ‘MEDICAL SERVICES’: OVERLAPPING NATURE OF PHARMACEUTICAL BENEFITS, SICKNESS BENEFITS, HOSPITAL BENEFITS, MEDICAL SERVICES AND DENTAL SERVICES IN s (xxiiiA) OF CONSTITUTION
BAILEY Kenneth Hamilton
21 November 1950
CONSTITUTION s 51(xxiiiA): NATIONAL HEALTH SERVICE ACT 1948 ss 7(1), 22(a)(i): PHARMACEUTICAL BENEFITS ACT 1944

I refer to your memorandum of 27th October, 1950, requesting advice whether the provision of pharmaceutical benefits to patients in non-public wards of approved hospitals could be achieved entirely by...

164
1922
ACQUISITION OF PROPERTY
VALIDITY OF CONTROL OF DEFENCE AREAS REGULATIONS: WHETHER PROHIBITION ON BUILDING OIL STORAGE OR LIMITS ON BUILDING HEIGHTS EFFECTS AN ACQUISITION OF PROPERTY: MEANING OF ‘ACQUISITION OF PROPERTY’: EFFECT OF REPEAL OF REGULATION-MAKING POWER ON REGULATIONS MADE UNDER THE POWER
BAILEY Kenneth Hamilton
22 November 1950
CONSTITUTION s 51(xxxi): CONTROL OF DEFENCE AREAS REGULATIONS regs 6, 7

I refer to previous correspondence in which you sought my advice as to whether the Control of Defence Areas Regulations might be invalid because they are a law with respect to the acquisition of prope...

165
1923
BORROWING BY COMMONWEALTH
LOAN AGREEMENT BETWEEN COMMONWEALTH AND INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT: OPINION REQUIRED BY BANK THAT COMMONWEALTH’S OBLIGATIONS UNDER AGREEMENT ARE VALID AND BINDING: STEPS REQUIRED FOR LOAN AGREEMENT TO BE BINDING ON COMMONWEALTH: OPERATION OF s 105A OF CONSTITUTION: SCOPE OF 1927 FINANCIAL AGREEMENT BETWEEN COMMONWEALTH AND STATES: WHETHER LOANS FOR DEFENCE PURPOSES ARE WITHIN SCOPE OF FINANCIAL AGREEMENT: FUNCTIONS OF AUSTRALIAN LOAN COUNCIL: SCOPE OF COMMONWEALTH EXECUTIVE POWER: ENFORCEMENT ACTION BY BONDHOLDER AGAINST COMMONWEALTH
, BAILEY Kenneth Hamilton
06 December 1950
CONSTITUTION ss 51(iv), 83, 105A: FINANCIAL AGREEMENT ACT 1944 s 4: FINANCIAL AGREEMENT VALIDATION ACT 1929: JUDICIARY ACT 1903 ss 56, 64: Loan Agreement between Commonwealth of Australia and International Bank for Reconstruction and Development dated 22 August 1950: FINANCIAL AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA, THE STATE OF NEW SOUTH WALES, THE STATE OF VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF SOUTH AUSTRALIA, THE STATE OF WESTERN AUSTRALIA and THE STATE OF TASMANIA dated 12 December 1927 cll 3, 4, 13

Under a decision of the Australian Loan Council, the Commonwealth is to borrow from the International Bank for Reconstruction and Development the sum of 100,000,000 dollars. The terms and conditions u...

166
1924
SHIPPING
COMMONWEALTH POWER TO LEGISLATE WITH RESPECT TO COMPENSATION FOR PLUNDER OF WRECKS: SCOPE OF INTERSTATE AND OVERSEAS TRADE AND COMMERCE POWER
BAILEY Kenneth Hamilton
08 December 1950
CONSTITUTION ss 51(i), 81, 98: NAVIGATION ACT 1912 ss 2(2), 329: MERCHANT SHIPPING ACT 1894 (UK) s 515

The Secretary, Department of Fuel, Shipping and Transport, has forwarded for advice the following memorandum: On 21/10/32 Mr. A.D. Warden, acting for the Marine Underwriters’ Association of ...

167
1925
IMPLIED REPEAL BY LATER ACT
WHETHER CONCILIATION AND ARBITRATION ACT 1904 REPEALED TRADE UNION ACT 1876 (SA) IN ITS APPLICATION TO NORTHERN TERRITORY AND TRADE UNION ORDINANCE 1922: WHETHER TRADE UNION ACT 1876 (SA) IN ITS APPLICATION TO NORTHERN TERRITORY AND TRADE UNION ORDINANCE 1922 SHOULD BE REPEALED
LYONS L.D.
14 December 1950
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904 ss 66–96: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910: TRADE UNION ACT 1876 (SA) ss 2, 3, 6–12: TRADE UNION ORDINANCE 1922

I refer to your memorandum of 23rd November 1950, in which you ask my advice as to whether the Trade Union Act 1876 (South Australia) in its application to the Territory, as modified and added to by t...

TOP

( ! ) SCREAM: Error suppression ignored for
( ! ) Warning: Duplicate entry '602706' for key 'PRIMARY' query: INSERT INTO accesslog (title, path, url, hostname, uid, sid, timer, timestamp) values('', 'legalopinion/1946/1950', '', '54.81.178.153', 0, '198t9he57cfvghj6tvcrfnmfq4', 28, 1508493624) in C:\wamp\www\includes\database.mysqli.inc on line 134
Call Stack
#TimeMemoryFunctionLocation
10.0004677120{main}( )..\index.php:0
20.00321013040drupal_bootstrap( )..\index.php:15
30.01131556376_drupal_bootstrap( )..\bootstrap.inc:1113
40.02933502544bootstrap_invoke_all( )..\bootstrap.inc:1185
50.03063503232module_invoke( )..\bootstrap.inc:684
60.03063503728call_user_func_array ( )..\module.inc:476
70.03063503968statistics_exit( )..\module.inc:476
80.03233571624db_query( )..\statistics.module:63
90.03253573392_db_query( )..\database.mysql-common.inc:42
100.03283574816trigger_error ( )..\database.mysqli.inc:134