Legal Opinions

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21
1778
PARLIAMENTARY POWERS AND PRIVILEGES
WHETHER PRIVILEGE EXTENDS TO PUBLICATION OF EXTRACTS FROM REPORTS OF PROCEEDINGS OF COMMONWEALTH PARLIAMENT OR COMMITTEES APPOINTED BY IT CONTAINING DEFAMATORY STATEMENTS: QUALIFIED PRIVILEGE PROVIDED BY STATE PARLIAMENTS FOR PUBLICATION OF EXTRACTS FROM PROCEEDINGS
BAILEY Kenneth Hamilton
07 August 1946
PARLIAMENTARY PAPERS ACT 1940 (UK)

I refer to your oral request for advice as to whether any privilege can be claimed in respect of the publication of extracts from reports of proceedings of the Parliament of the Commonwealth or Commit...

22
1779
ROYAL ASSENT
WHETHER BILLS MUST BE ASSENTED TO BEFORE PARLIAMENT IS DISSOLVED
UNKNOWN
07 August 1946

The Official Secretary to the Governor-General sought advice as to whether Bills must be assented to before Parliament dissolves. The Official Secretary referred to Vol. 24 of Halsbury p. 268 para. 5...

23
1780
Subject: CONTROL OF PRODUCTION AND DISTRIBUTION OF BUILDING MATERIALS
POWER OF COMMONWEALTH PARLIAMENT TO LEGISLATE TO GIVE A COMMONWEALTH AUTHORITY POWER WITH RESPECT TO PRODUCTION AND INTERSTATE DISTRIBUTION OF BUILDING MATERIALS: POWERS OF STATES WITH RESPECT TO INTERSTATE AND INTRASTATE DISTRIBUTION OF BUILDING MATERIALS: FREEDOM OF INTERSTATE TRADE; SCOPE OF DEFENCE POWER IN POST-WAR PERIOD: EXTENT TO WHICH CONTROL OF BUILDING MATERIALS IS WITHIN DEFENCE POWER: PROVISION OF HOUSING FOR RETURNED SERVICEMEN: WHETHER STATE LAW MAY DELEGATE POWER TO A COMMONWEALTH AUTHORITY TO CONTROL INTERSTATE DISTRIBUTION OF BUILDING MATERIALS
BAILEY Kenneth Hamilton
15 August 1946
CONSTITUTION ss 51(i), (vi), (xxxvii), 92: NATIONAL SECURITY ACT 1939: NATIONAL SECURITY (FEMALE MINIMUM RATES) REGULATIONS: NATIONAL SECURITY (GENERAL) REGULATIONS reg 59: Control of Essential Materials Order made under NATIONAL SECURITY (GENERAL) REGULATIONS reg 59: BUILDING OPERATIONS AND BUILDING MATERIALS CONTROL ACT 1945 (NSW) ss 2, 17, 24

I refer to your telegram of 18th July, 1946, and your letter of 19th June, 1946, asking my advice on certain questions relating to the control of building materials. The questions on which my advice i...

24
1781
HOUSING: LANDLORD AND TENANT CONTROLS
COMMONWEALTH POWER TO CONTINUE IN POSTWAR PERIOD WARTIME CONTROLS UNDER NATIONAL SECURITY (LANDLORD AND TENNANT) REGULATIONS: REFERRALS OF POWER BY STATE PARLIAMENTS TO COMMONWEALTH OF THE MATTERS OF RENT CONTROL AND TENANCY CONTROL: WHETHER REGULATION OF HOUSING RENTS AND EVICTIONS, AND GENERAL PRICE CONTROL, ARE WITHIN DEFENCE POWER DURING WARTIME AND IN POSTWAR PERIOD: POWERS OF STATES WITH RESPECT TO RENTS AND TENANCIES: WHETHER STATE LAWS RELATING TO RENTS AND TENANCIES MAY CONFER ADMINISTRATIVE POWERS ON COMMONWEALTH AUTHORITIES
BAILEY Kenneth Hamilton
15 August 1946
CONSTITUTION s 51(vi), (xxxvii): NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS

I refer to your memorandum 540/44 of 23rd July, 1946, asking for advice on the question whether the Commonwealth has power to legislate for the continuance of the controls established under the Nation...

25
1782
CONTROL OF LAND PRICES
COMMONWEALTH POWER TO CONTROL LAND PRICES AFTER EXPIRY OF NATIONAL SECURITY ACT 1939: COMMONWEALTH CONTROL OF LAND PRICES DURING WARTIME: SCOPE OF DEFENCE POWER: REFERRALS OF POWER BY STATE PARLIAMENTS TO COMMONWEALTH OF THE MATTER OF CONTROL OF LAND PRICES: REFERRALS BY PARLIAMENTS OF NEW SOUTH WALES, QUEENSLAND, SOUTH AUSTRALIA AND WESTERN AUSTRALIA OF CERTAIN MATTERS RELATING TO PRICES AND PROFITEERING: WHETHER EXISTING REFERRALS BY THOSE STATES WOULD ENABLE COMMONWEALTH TO CONTROL LAND PRICES: VARIATIONS IN TERMS AND DURATION OF STATE REFERRALS
BAILEY Kenneth Hamilton
20 August 1946
CONSTITUTION s 51(vi), (xxxvii): NATIONAL SECURITY ACT 1939: NATIONAL SECURITY (ECONOMIC ORGANIZATION) REGULATIONS

(1)  The Commonwealth has no general power to control land prices. During the war the Commonwealth brought into force, under the National Security (Economic Organization) Regulations, a s...

26
1783
STATE GOVERNOR ACTING AS ADMINISTRATOR UNDER DORMANT COMMISSION
WHETHER, IN CASE OF GOVERNOR-GENERAL LEAVING AUSTRALIA BEFORE SUCCESSOR IS READY TO TAKE OFFICE, STATE GOVERNOR ACTING AS ADMINISTRATOR FOR THE SECOND TIME UNDER DORMANT COMMISSION IS REQUIRED TO TAKE AGAIN THE OATH OF ALLEGIANCE AND THE OATH OF OFFICE: REQUIREMENT THAT ADMINISTRATOR CAUSE HIS COMMISSION TO BE READ AND PUBLISHED IN THE PRESENCE OF THE CHIEF JUSTICE OR A JUDGE OF THE HIGH COURT OR A STATE SUPREME COURT: ADMINISTRATION OF VICTORIAN GOVERNMENT
BAILEY Kenneth Hamilton
29 August 1946
LETTERS PATENT CONSTITUTING THE OFFICE OF GOVERNOR-GENERAL dated 29 October 1900 cl VII: ROYAL INSTRUCTIONS TO THE GOVERNOR-GENERAL dated 29 October 1900 cll III and IV:

I refer to your request for my advice on the question whether, if His Royal Highness leaves Australia before a successor in the office of Governor-General is ready to take office, and the Governor of ...

27
1784
PRIZE LAW
IMPERIAL ACTS GOVERNING PRIZE LAW IN AUSTRALIA: CIRCUMSTANCES IN WHICH STATE AND NORTHERN TERRITORY SUPREME COURTS MAY EXERCISE JURISDICTION AS PRIZE COURTS: ARRANGEMENTS MADE DURING WORLD WAR II BETWEEN THE UNITED STATES AND AUSTRALIA FOR THE EXERCISE OF CERTAIN JURISDICTION OF PRIZE COURTS
TIPPING P.J.
18 September 1946
STATUTE OF WESTMINSTER ADOPTION ACT 1942: PROCLAMATION No. 2617 issued by President Roosevelt on 12 August 1944

With reference to your memorandum of 23rd November, 1945, the following information may be of use to Mr. Hogan. Prize law in Australia is governed by Acts of the Imperial Parliament, although, since t...

28
1785
STATE CROWN
WHETHER NATIONAL SECURITY (REINSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS BIND THE CROWN IN RIGHT OF A STATE: POLICY ISSUES RELEVANT TO WHETHER NATIONAL SECURITY (REINSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS SHOULD BE AMENDED TO BIND STATE CROWN EXPRESSLY
BAILEY Kenneth Hamilton
07 October 1946
NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS: NATIONAL SECURITY (RE-INSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS

Since the foregoing paragraphs were written1 the High Court has given judgment in Gulson’s case under the Landlord and Tenant Regulations.2 The Court held by majority (Rich, Stark and Williams J...

29
1786
TRADE DESCRIPTIONS: ‘BUTTER SPREAD’
WHETHER THE WORD ‘BUTTER’ USED IN THE DESCRIPTION ‘BUTTER SPREAD’ CONSTITUTES A ‘FALSE TRADE DESCRIPTION’ WITHIN THE MEANING OF COMMERCE (TRADE DESCRIPTIONS) ACT 1905
BAILEY Kenneth Hamilton
15 October 1946
COMMERCE (TRADE DESCRIPTIONS) ACT 1905

I refer to your memoranda of the 5th and 12th August, 1946, (No. M. 45/7/3) requesting an opinion as to whether the word ‘butter’ used in the description ‘butter spread’1 const...

30
1787
ELECTIONS
SENATOR ELECT: DISQUALIFICATION FROM BEING CHOSEN OR SITTING AS A SENATOR: WHETHER A PERSON IS DISQUALIFIED FROM SITTING AS A SENATOR IF THE PERSON HOLDS AN OFFICE OF PROFIT UNDER THE CROWN AFTER DATE OF ELECTION AS A SENATOR AND BEFORE COMMENCEMENT OF TERM ON 1 JULY: ‘INCAPABLE OF BEING CHOSEN OR OF SITTING AS A SENATOR’: ‘HIS PLACE’: CASUAL VACANCIES
, WHITLAM Harry Frederick Ernest
11 November 1946
CONSTITUTION ss 7, 13, 15, 44, 45

I understand that advice is asked as to whether a person who has been elected as a senator and is desirous of accepting employment in the Commonwealth service for a period expiring not later than the ...

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