Legal Opinions

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41
1798
SHIPPING AND SHIP-BUILDING INDUSTRY
COMMONWEALTH POWER TO REGULATE SHIP-BUILDING INDUSTRY IN AUSTRALIA: COMMONWEALTH POWER TO REGULATE COASTAL SHIPPING: COMMONWEALTH POWER TO REGULATE PRIVATE SHIPPING OPERATIONS: COMMONWEALTH SHIPPING AND SHIP-BUILDING AUTHORITY: COMMONWEALTH-OWNED SHIPS: SCOPE OF DEFENCE POWER: TRADE AND COMMERCE POWER: INTERSTATE AND INTRASTATE COASTAL SHIPPING TRADE: COMMONWEALTH SHIPPING BOARD: PROPOSED SUBSIDIES FOR SHIPOWNERS: APPROPRIATION POWER: MEANING OF ‘BOUNTIES ON THE PRODUCTION OF GOODS’: FREEDOM OF INTERSTATE TRADE: MEANING OF ‘UNIFORM THROUGHOUT THE COMMONWEALTH’: MEANING OF ‘ABSOLUTELY FREE’
BAILEY Kenneth Hamilton
10 April 1947
CONSTITUTION ss 51 (i), (iii), (vi), 81, 92, 98: COMMONWEALTH SHIPPING ACT 1923

From time to time I have given to the Cabinet Sub-Committee on Commonwealth Shipping Policy oral advice as to constitutional matters affecting the sub-committee’s recommendations, and have intim...

42
1799
AVIATION
CLASSIFICATION OF AIRCRAFT IN AIR NAVIGATION REGULATIONS: MEANING OF ‘PUBLIC TRANSPORT AIRCRAFT’: MEANING OF ‘AERIAL WORK AIRCRAFT’: MEANING OF ‘PRIVATE AIRCRAFT’: CLASSIFICATION OF COMMONWEALTH-OWNED AIRCRAFT FLOWN BY COMMONWEALTH OFFICERS: DISTINCTION BETWEEN CIVIL AIRCRAFT AND STATE AIRCRAFT IN CHICAGO CONVENTION
BAILEY Kenneth Hamilton
11 April 1947
AIR NAVIGATION REGULATIONS reg 5: CONVENTION ON INTERNATIONAL CIVIL AVIATION done at Chicago on 7 December 1944 art 3

The Director-General of Civil Aviation has forwarded for advice the following memorandum: The holder of a private pilot’s licence has requested permission to fly his own aircraft for the purp...

43
1800
WAR GRAVES
AUTHORISATION OF WORK IN CONNECTION WITH WAR GRAVES: FAWKNER CEMETERY: SCOPE OF DEFENCE POWER: POWERS OF CEMETERY TRUSTEES
BAILEY Kenneth Hamilton
21 April 1947
CONSTITUTION s 51(vi): DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946: NATIONAL SECURITY (GENERAL) REGULATIONs reg 37

I refer to your memorandum No. 47/800 of 8th April, 1947 concerning the proposal to erect concrete kerbings on war graves in the Fawkner civil cemetery. Sub-regulations (6) and (7) of regulation 37 of...

44
1801
PROTECTION OF NAMES OF POLITICAL PARTIES
PROPOSAL TO PROTECT THE NAME OF A POLITICAL PARTY: WHETHER THE NAME OF A POLITICAL PARTY MAY BE REGISTERED AS A TRADE MARK: WHETHER LEGISLATION MAY ESTABLISH COPYRIGHT IN THE NAME OF A POLITICAL PARTY: COMMONWEALTH POWER TO LEGISLATE WITH RESPECT TO USE OF THE NAMES OF POLITICAL PARTIES IN CONNECTION WITH FEDERAL ELECTIONS
EVATT Herbert Vere
06 May 1947
COPYRIGHT ACT 1912: PATENTS ACT 1901: TRADE MARKS ACT 1905

I refer to your letter dated 11th December, 1946, concerning the following resolution carried at a recent meeting of the Federal Executive: Registration of word ‘Labor’. Item 32. Victor...

45
1802
TERRITORIES: PAPUA AND NEW GUINEA
CONSOLIDATION OF EXISTING LAWS OF PAPUA AND NEW GUINEA:
BAILEY Kenneth Hamilton
22 May 1947

(1)  I am asked to advise on the organization required for carrying out expeditiously the consolidation, amalgamation and revision of the laws of the Territory of Papua-New Guinea. I refer t...

46
1803
AVIATION CHARGES
PROPOSED CHARGES FOR USE OF COMMONWEALTH AIRPORTS AND AVIATION FACILITIES: COMPONENTS OF PROPOSED ROUTE CHARGES: WAIVER OR REFUND OF CERTAIN CHARGES: COMMONWEALTH’S OBLIGATIONS UNDER AIRPORT LEASES: AIRPORT REVENUE
BAILEY Kenneth Hamilton
06 June 1947
AIR NAVIGATION ACT 1920 s 4: AIR NAVIGATION REGULATIONS reg 110A

(1)  The Acting Minister for Civil Aviation, after considering the views expressed in my submission of the 17th March, 1947,1 on matters arising out of Cabinet consideration of Agendum No. 1...

47
1804
BORROWING BY COMMONWEALTH
PROPOSED COMMONWEALTH BOND ISSUE: BORROWING BY COMMONWEALTH FOR REDEMPTION OF COMMONWEALTH EXTERNAL LOAN OF 1927 MATURING 1 SEPTEMBER 1957: LEGAL AUTHORITY FOR PROPOSED BOND ISSUE: FINANCIAL AGREEMENT OF 1927: EXECUTIVE POWER OF THE COMMONWEALTH
BAILEY Kenneth Hamilton
10 June 1947
CONSTITUTION s 105A: COMMONWEALTH INSCRIBED STOCK ACT 1911: FINANCIAL AGREEMENT VALIDATION ACT 1929: LOANS REDEMPTION AND CONVERSION ACT 1921: LOANS SECURITIES ACT 1919

(1)  Under a decision of the Loan council, the Commonwealth is to borrow in the United States of America a sum not exceeding thirty-eight million dollars for the purpose of redeeming prior t...

48
1805
AVIATION
POWER OF AUSTRALIAN NATIONAL AIRLINES COMMISSION TO PROVIDE INTRASTATE AIRLINE SERVICES AS INCIDENTAL TO INTERSTATE AND TERRITORY AIRLINE SERVICES: SCOPE OF INTERSTATE TRADE AND COMMERCE POWER AND INCIDENTAL POWER: WHETHER AUSTRALIAN NATIONAL AIRLINES ACT 1945 AUTHORISES PASSENGER AND FREIGHT SERVICES TO BE PROVIDED AS INCIDENTAL TO CONDUCT OF MAIL SERVICES: COMMONWEALTH POWER TO LEGISLATE WITH RESPECT TO INTERSTATE AND INTRASTATE TRANSPORT FOR POSTAL PURPOSES: SCOPE OF TERRITORIES POWER: SCOPE AND DURATION OF REFERRALS OF POWER WITH RESPECT TO AIR TRANSPORT GIVEN BY NEW SOUTH WALES, QUEENSLAND, SOUTH AUSTRALIA AND WESTERN AUSTRALIA
, BAILEY Kenneth Hamilton
10 June 1947
CONSTITUTION ss 51(i), (v), (xxxvii), (xxxix), 122: AUSTRALIAN NATIONAL AIRLINES ACT 1945 ss 19, 22: NAVIGATION ACT 1912: COMMONWEALTH POWERS ACT 1942 (NSW): COMMONWEALTH POWERS ACT1943 (Qld): COMMONWEALTH POWERS ACT 1943 (SA): COMMONWEALTH POWERS ACT 1943 (WA)

(1)  I refer to your memorandum of 27th March concerning the powers of the Australian National Airlines Commission to engage in certain activities, and to subsequent oral discussions on the ...

49
1806
COAL INDUSTRY
POWERS OF JOINT COAL BOARD WITH RESPECT TO COAL MINES OWNED BY NEW SOUTH WALES: WHETHER CROWN IN RIGHT OF NEW SOUTH WALES IS BOUND BY COAL INDUSTRY ACTS: COAL INDUSTRY TRIBUNAL
EVATT Herbert Vere
23 June 1947
CONSTITUTION covering cl 5, s 51(xxxv): COAL INDUSTRY ACT 1946 s 12: COAL INDUSTRY ACT 1946 (NSW) ss 11, 25

The question has been raised whether the powers of the Joint Coal Board established under the Coal Industry Act 1946 (Commonwealth) and the Coal Industry Act 1946 (N.S.W.) can be exercised in respect ...

50
1807
BANKING AND STATE BANKING
OBSERVATIONS ON MELBOURNE V COMMONWEALTH LITIGATION: VALIDITY OF BANKING ACT 1945: COMMONWEALTH POWER TO REGULATE BANKING BY STATES: COMMONWEALTH POWER TO LEGISLATE WITH RESPECT TO STATE AUTHORITIES: MEANING OF ‘BANKING’, ‘STATE BANKING’ AND ‘STATE BANKING EXTENDING BEYOND THE LIMITS OF THE STATE CONCERNED’ IN s 51(xiii) OF CONSTITUTION: WHETHER ‘STATE BANKING’ INCLUDES TRANSACTIONS OF STATES, STATE AUTHORITIES AND LOCAL GOVERNING AUTHORITIES AS CUSTOMERS OF BANKS: WHETHER ss 18–22 OF BANKING ACT 1945 CONSTITUTE A LAW IMPOSING TAXATION: MEANING OF ‘TAXATION’ IN s 51(ii) OF CONSTITUTION: PARLIAMENTARY PRACTICE WITH RESPECT TO TAXATION LAWS: WHETHER BANKING ACT 1945 APPLIES TO COMMONWEALTH BANK, COMMONWEALTH SAVINGS BANK, STATE BANKS AND STATE SAVINGS BANKS: MEANING OF ‘STATE INSURANCE’: CONSTRUCTION OF s 48 OF BANKING ACT 1945: DRAFT NOTICE UNDER s 48 OF BANKING ACT 1945 SENT ON 1 MAY 1947 TO PRIVATE TRADING BANKS AND ITS EFFECT WHEN BROUGHT INTO FORCE: LETTERS OF 1 MAY 1947 SENT TO STATE AUTHORITIES AND LOCAL GOVERNING AUTHORITIES FOR
, UNKNOWN
01 July 1947
CONSTITUTION ss 51 (ii), (xii), (xiii), (xiv), (xxxi), (xxxv), 55, 81, 107: ACTS INTERPRETATION ACT 1901 ss 15A, 46: BANKING ACT 1945 ss 4, 5, 7, 8, 18–22, 48, 56, First and Second Schedules: COMMONWEALTH BANK ACT 1911 s 7B: COMMONWEALTH BANK REGULATIONS

Banking Act: City of Melbourne v. The Commonwealth of Australia1 and tentative preliminary observations (1)  The City of Melbourne has issued a High Court writ against the Commonwealth and ...

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