Legal Opinions

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31
1788
AUSTRALIAN BROADCASTING COMMISSION
WHETHER AUSTRALIAN BROADCASTING COMMISSION MAY USE OVERSEAS AND AUSTRALIAN NEWS AGENCIES TO COLLECT NEWS
WHITLAM Harry Frederick Ernest
14 November 1946
AUSTRALIAN BROADCASTING ACT 1942 s 25

  I refer to your letter of 3rd September, 1946, in which you request advice as to the interpretation of section 25 of the Australian Broadcasting Act 1942–1946. Sub-section (1) of section ...

32
1789
EXPIRY OF PAPUA-NEW GUINEA PROVISIONAL ADMINISTRATION ACT 1945
DATE OF EXPIRY OF PAPUA-NEW GUINEA PROVISIONAL ADMINISTRATION ACT 1945: ‘AFTER HIS MAJESTY CEASES TO BE ENGAGED IN WAR’
TIPPING P.J.
15 November 1946
NATIONAL SECURITY ACT 1939 s 19: NATIONAL SECURITY ACT 1946: PAPUA-NEW GUINEA PROVISIONAL ADMINISTRATION ACT 1945 s 17

I refer to your memorandum dated 5th November, 1945, in connexion with the expiration of the Papua-New Guinea Provisional Administration Act 1945. (2)  Section 17 of that Act reads as follow...

33
1790
SHIPPING
WHETHER COMMONWEALTH LAWS APPLY TO VESSELS OF THE BRITISH PHOSPHATE COMMISSION TRADING WITH AUSTRALIA, NEW ZEALAND AND NAURU: MEANING OF ‘FIRST PORT OF CLEARANCE’ AND MEANING OF ‘PORT OF DESTINATION’ IN CONSTITUTION COVERING cl 5
WHITLAM Harry Frederick Ernest
15 November 1946
CONSTITUTION covering cl 5

I am in receipt of your memorandum dated 6th September, 1946, concerning the application of laws of the Commonwealth to vessels of the British Phosphate Commission trading with Australia, New Zealand ...

34
1791
COMMONWEALTH PUBLIC SERVICE: RETURNED SOLDIERS
VOLUNTEER DEFENCE CORPS: CITIZEN MILITARY FORCES: WHETHER FULL-TIME MEMBER OF VOLUNTEER DEFENCE CORPS IS A ‘RETURNED SOLDIER’ WITHIN MEANING OF COMMONWEALTH PUBLIC SERVICE ACT 1922: MEANING OF ‘MEMBER OF THE FORCES’ AND ‘WAR SERVICE’ IN RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945
BAILEY Kenneth Hamilton
31 January 1947
COMMONWEALTH PUBLIC SERVICE ACT 1922 s 7: DEFENCE ACT 1903 s 33: RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 ss 4, 23(1): VOLUNTEER DEFENCE CORPS REGULATIONS reg 3

I refer to your memorandum No. G41/28 of 1st October, 1946, requesting advice as to whether a person who served in a full-time capacity with the Volunteer Defence Corps may be regarded as a returned s...

35
1792
BANKING AND INSURANCE
BANKING AND INSURANCE: WHETHER COMMONWEALTH PARLIAMENT HAS POWER TO REGULATE RELATIONS OF EMPLOYERS AND EMPLOYEES ENGAGED IN BANKING OR INSURANCE: MEANING OF ‘BANKING’: MEANING OF ‘INSURANCE’: WHETHER PROVIDENT FUNDS CONSTITUTE ‘INSURANCE’: WHETHER ‘NAVIGATION AND SHIPPING’ INCLUDES SEAMEN’S COMPENSATION: WHETHER PROVIDENT FUNDS MAY BE REGULATED UNDER INCOME TAX LEGISLATION: NATURE OF FUND WHERE CONTRIBUTIONS ARE MADE BY EMPLOYERS ONLY: PAYMENTS AUTHORIZED BY EMPLOYEES TO BE MADE BY EMPLOYERS TO THIRD PARTIES UNDER TRUCK ACT 1831 (UK) AND SIMILAR LAWS
BAILEY Kenneth Hamilton
17 February 1947
CONSTITUTION ss 51(i), (xiii), (xiv), 98: SEAMEN’S COMPENSATION ACT 1911: TRUCK ACT 1831 (UK)

I refer to your memorandum dated 23rd July, 1946. The question whether the banking and insurance powers of the Commonwealth contained in s 51(xiii) and (xiv) of the Constitution are wide enough to aut...

36
1793
RIVER MURRAY COMMISSION
PROPOSAL TO INCREASE CAPACITY OF HUME RESERVOIR: PROPOSAL TO CONFER ADDITIONAL POWERS AND FUNCTIONS ON RIVER MURRAY COMMISSION WITH RESPECT TO PROTECTION OF HUME RESERVOIR CATCHMENT AREA: WHETHER LEGISLATION IS REQUIRED: COMMONWEALTH–STATE AGREEMENTS: COMMONWEALTH–STATE COOPERATIVE SCHEMES: RIVER MURRAY WATERS AGREEMENT: JOINT COMMONWEALTH–STATE AUTHORITY: JOINT COAL BOARD: COMMONWEALTH–STATE COOPERATION IN RELATION TO AIR NAVIGATION
BAILEY Kenneth Hamilton
28 February 1947
COAL INDUSTRY ACT 1946 (Cth): RIVER MURRAY WATERS ACT 1915: RIVER MURRAY WATERS AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA AND THE STATES OF NEW SOUTH WALES, VICTORIA AND SOUTH AUSTRALIA done on 9 September 1914: COAL INDUSTRY ACT 1946 (NSW)

The Secretary, River Murray Commission has forwarded to me for advice the following communication: I am directed by the Minister for Works and Housing, who is also President of the River Murray Comm...

37
1794
LAND ACQUISITION DARWIN
WHETHER LAND ACQUIRED UNDER DARWIN LANDS ACQUISITION ACT 1945 MAY BE GRANTED AS FREEHOLD FOR CHURCH PURPOSES: MEANING OF ‘CROWN LANDS’
BAILEY Kenneth Hamilton
03 March 1947
DARWIN LANDS ACQUISITION ACT 1945 ss 3, 6, Schedule: LANDS ACQUISITION ACT 1906: CROWN LANDS ORDINANCE 1931 s 112A(5): CROWN LANDS ORDINANCE 1938: DARWIN LEASES (SPECIAL PURPOSES) ORDINANCE 1946: LANDS ACQUISITION ORDINANCE 1911 s 8

I refer to your request for advice regarding the above matter. The Assistant Crown Solicitor has advised on the matter as follows: 1.  The question upon which advice is asked is whether fr...

38
1795
AVIATION CHARGES
PROPOSED CHARGES FOR USE OF COMMONWEALTH AIRPORTS AND AVIATION FACILITIES: WHETHER PROPOSED CHARGES CONSTITUTE FEES FOR SERVICES: PROPOSED ANNUAL FEES FOR AIRCRAFT OPERATED OTHER THAN ON SCHEDULED SERVICES: PROPOSED CHARGES PAYABLE BY OPERATORS OF SCHEDULED AIRLINE SERVICES: MEANING OF ‘ROUTE CHARGES’: MEANING OF ‘LANDING CHARGES’: WHETHER PROPOSED CHARGES WOULD CONSTITUTE BREACH OF CONTRACTS BETWEEN COMMONWEALTH AND CERTAIN AIRLINE OPERATORS: WHETHER PROPOSED CHARGES WOULD CONSTITUTE BREACH OF TERMS OF AIRPORT LEASES: AUSTRALIAN NATIONAL AIRWAYS: AIRPORT REVENUE
BAILEY Kenneth Hamilton
17 March 1947
AIR NAVIGATION REGULATIONS reg 110A, Pt IX

(1)  Cabinet has approved in principle a proposal by the Minister for Civil Aviation to impose a scheme of charges on users of aerodromes and airways facilities provided by the Commonwealth....

39
1796
IMMIGRATION
WHETHER HOLDER OF A LANDING PERMIT MAY BE PREVENTED FROM LANDING IN AUSTRALIA: DURATION OF A LANDING PERMIT: POWER TO CANCEL A LANDING PERMIT: WHETHER DICTATION TEST MAY BE GIVEN TO HOLDER OF A LANDING PERMIT
BAILEY Kenneth Hamilton
19 March 1947
ACTS INTERPRETATION ACT 1901 s 33(3): IMMIGRATION ACT 1901 s 3: IMMIGRATION REGULATIONS reg 5

I refer to your memoranda dated 20th and 21st March, 1947, in regard to the action that may be taken under the Immigration Act 1901–1940 to prevent the abovenamed1 landing in the Commonwealth. (...

40
1797
EMPLOYMENT
PREFERENCE TO EX-SERVICEMEN SEEKING EMPLOYMENT: WHETHER COMMONWEALTH EMPLOYMENT SERVICE SHOULD PROVIDE ADVICE TO PROSPECTIVE EMPLOYERS ON WHETHER PERSONS REGISTERED FOR EMPLOYMENT ARE ENTITLED TO PREFERENCE: MEANING OF ‘PERSON ENTITLED TO PREFERENCE’: WHETHER PERSONS SEEKING TO BE REGISTERED MAY BE REQUIRED TO PROVIDE EVIDENCE OF ENTITLEMENT TO PREFERENCE: DUTY OF EMPLOYERS TO GIVE PREFERENCE TO EX-SERVICEMEN: WHETHER s 12 OF RETURNED SOLDIERS AND SAILORS EMPLOYMENT ACT 1919 (NSW) IS INCONSISTENT WITH RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945
BAILEY Kenneth Hamilton
25 March 1947
RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 ss 24, 25, 27, 48, Pt II Div 2: RETURNED SOLDIERS AND SAILORS EMPLOYMENT ACT 1919 (NSW) s 12

I refer to your memorandum No. 47/27B/679 of the 5th March, 1947, requesting advice on certain questions concerning the effect of the preference provisions of the Re-establishment and Employment Act 1...

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