Legal Opinions

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51
1808
BANKING AND STATE BANKING
FURTHER OBSERVATIONS ON MELBOURNE V COMMONWEALTH LITIGATION: POSSIBLE ARGUMENT THAT THE BANKING ACT 1945 INFRINGES AN IMPLIED CONSTITUTIONAL RESTRICTION ON COMMONWEALTH POWER TO LEGISLATE TO DESTROY OR WEAKEN THE CONSTITUTIONAL FUNCTIONS OR CAPACITIES OF THE STATES OR THEIR ESSENTIAL GOVERNMENT FUNCTIONS OR NORMAL ACTIVITIES: CONSTITUTIONAL IMPLICATIONS: EARLIER CONSTITUTIONAL PRINCIPLE OF IMMUNITY OF INSTRUMENTALITIES: COMMONWEALTH POWER TO ENACT LEGISLATION DISCRIMINATING AGAINST STATES OR STATE AGENCIES: WHETHER s 48 OF BANKING ACT 1945 DISCRIMINATES AGAINST STATES AND STATE AGENCIES: COMMONWEALTH POWER TO LEGISLATE WITH RESPECT TO CURRENCY AND COINAGE
UNKNOWN
07 July 1947
CONSTITUTION ss 51 (v), (xii), (xiii), (xxxi), (xxxv), 109: BANKING ACT 1945 s 48: POST AND TELEGRAPH ACT 1901 ss 80, 98: WIRELESS TELEGRAPHY ACT 1905

(1)  In the original observations1 it was assumed, for the purposes of the remarks on section 51(xxxi), that acquisition by the Commonwealth Bank had the same effect as acquisition by the Co...

52
1809
ELECTIONS: DISQUALIFICATION FROM SITTING AS SENATOR
ACCEPTANCE BY SENATOR OF SEAT ON BOARD OF DIRECTORS OF A HOLDING COMPANY: WHETHER SENATOR WOULD HAVE A DIRECT OR INDIRECT PECUNIARY INTEREST IN AGREEMENT WITH PUBLIC SERVICE OF COMMONWEALTH IF SUBSIDIARY OF HOLDING COMPANY SELLS GOODS TO COMMONWEALTH
, BAILEY Kenneth Hamilton
08 July 1947
CONSTITUTION ss 44, 45: LOCAL GOVERNMENT ACT 1906 (NSW) s 70

I refer to your letter of 5th June, 1947, requesting my advice on the question of whether the acceptance by you of a seat on the Board of Directors of a certain company would endanger your qualificati...

53
1810
PARLIAMENTARY ALLOWANCES
EFFECTIVENESS OF DEED EXECUTED BY MEMBER OF HOUSE OF REPRESENTATIVES RENOUNCING INCREASES IN PARLIAMENTARY ALLOWANCES WHILE COMMONWEALTH WAGE RESTRICTIONS ARE IN FORCE
BAILEY Kenneth Hamilton
09 July 1947
PARLIAMENTARY ALLOWANCES ACT 1947

I refer to your memorandum J. 207/149 with regard to a deed executed by the Hon A.B., MP and purporting to renounce all right to a portion of the Parliamentary allowance becoming due to him. (2) ...

54
1811
PENSIONS
RELIEF PAYMENTS MADE BY UNITED KINGDOM FOREIGN OFFICE AT REQUEST OF AUSTRALIA TO AUSTRALIANS IN OCCUPIED COUNTRIES: WHETHER PAYMENTS SO MADE ARE DEDUCTIBLE FROM ARREARS OF PENSION: REIMBURSEMENT BY AUSTRALIA OF UNITED KINGDOM FOREIGN OFFICE: INALIENABILITY OF PENSION: WHETHER RELIEF PAYMENTS CONSTITUTE PAYMENT OF PENSION
BAILEY Kenneth Hamilton
14 July 1947
AUSTRALIAN SOLDIERS REPATRIATION ACT 1920 s 52

I refer to your memorandum, dated 23rd December, 1946, in regard to the above-mentioned question. (2)  It appears that the Foreign Office, at the request of the Deputy Commissioner of Pensio...

55
1812
POSSIBLE ALTERATION OF THE CONSTITUTION
SCOPE OF POSSIBLE PLACITUM IN s 51 OF CONSTITUTION WORDED AS ‘PRICES (INCLUDING RENTS)’: MEANING OF ‘PRICES’: MEANING OF ‘RENTS’: WHETHER WORD ‘PRICES’ INCLUDES REMUNERATION FOR SUPPLY OF SERVICES, PROFESSIONAL FEES, REMUNERATION UNDER CONTRACTS OF SERVICE, SHARE PRICES, INTEREST ON LOANS: WHETHER WAGES MAY BE CONTROLLED AS INCIDENTAL TO PRICE CONTROL: WHETHER EVICTIONS MAY BE CONTROLLED AS INCIDENTAL TO RENT CONTROL: WHETHER s 99 OF CONSTITUTION WOULD APPLY TO LAWS MADE UNDER A COMMONWEALTH POWER WITH RESPECT TO PRICES: FREEDOM OF INTERSTATE TRADE AND COMMERCE: APPROPRIATION POWER: INCIDENTAL POWER
, COMANS Charles
18 July 1947
CONSTITUTION ss 81, 92, 99: NATIONAL SECURITY (ECONOMIC ORGANIZATION) REGULATIONS: NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS: NATIONAL SECURITY (PRICES) REGULATIONS: MONOPOLIES ACT 1923 (NSW): PROFITEERING PREVENTION ACT 1920 (Qld): GOODS AND SERVICES (PRICE CONTROL) ACT 1941 (UK) ss 2, 20

The following observations are offered as to the probable scope of a placitum in section 51 of the Constitution worded ‘Prices (including rents)’.   SCOPE OF WORD ‘PRICES&rsqu...

56
1813
PETITIONS
WHETHER ANY RULE OF LAW OR CONSTITUTIONAL PRACTICE REQUIRES A PETITIONER TO BE GIVEN THE OPPORTUNITY TO SUBMIT A PETITION TO THE GOVERNOR-GENERAL IN PERSON AND TO MAKE ORAL STATEMENTS
, BAILEY Kenneth Hamilton
21 July 1947

I refer to your letter of 28th June, concerning the letter addressed to His Excellency the Governor-General by Mr. W. Currey, M.L.A. with reference to a petition proposed to be presented to His Excell...

57
1814
FLAX INDUSTRY
COMMONWEALTH POWER WITH RESPECT TO REGULATION OF FLAX INDUSTRY: DEFENCE POWER
BAILEY Kenneth Hamilton
24 July 1947

With reference to your memorandum dated 24th June, 1947, flax is, I understand, an essential raw material in defence equipment, being used for linen fabric for aeroplanes, parachute harness, web equip...

58
1815
SHIPPING
POWERS OF MARITIME INDUSTRY COMMISSION: WHETHER MARITIME INDUSTRY COMMISSION HAS POWER TO MAKE AN ORDER APPLICABLE TO A SPECIFIC SHIP REQUIRING A WHOLLY AUSTRALIAN CREW: SCOPE OF DEFENCE POWER: COMMONWEALTH PARLIAMENT’S POWER TO LEGISLATE IN RELATION TO CREWS ON VESSELS ENGAGED IN OVERSEAS TRADE
, BAILEY Kenneth Hamilton
24 July 1947
CONSTITUTION s 51 (i), (vi): NATIONAL SECURITY (MARITIME INDUSTRY) REGULATIONS regs 2, 7

I refer to your memorandum, dated 30th November, 1946, concerning the employment of a white crew on the ‘Mangola’. (2)  It is clear that the ‘Mangola’ is a ‘sh...

59
1816
TRANSFER OF STATE DEPARTMENTS TO COMMONWEALTH
RECORDS HELD BY STATE DEPARTMENT THAT IS TRANSFERRED TO COMMONWEALTH: WHETHER COMMONWEALTH OR MITCHELL LIBRARY SYDNEY IS ENTITLED TO POSSESSION OF CREW AND PASSENGER SHIPPING RECORDS DATING FROM BEFORE 1922: EFFECT OF TRANSFER FROM CUSTOMS DEPARTMENT TO MITCHELL LIBRARY OF CERTAIN CREW AND PASSENGER SHIPPING RECORDS WITH COMMONWEALTH CONSENT: CIRCUMSTANCES IN WHICH STATE RECORDS HELD BY TRANSFERRED DEPARTMENT MAY VEST IN COMMONWEALTH: AGREEMENT BETWEEN COMMONWEALTH AND STATE TO TRANSFER STATE DEPARTMENT TO COMMONWEALTH: COMMONWEALTH AND NEW SOUTH WALES ARCHIVAL REPOSITORIES
, BAILEY Kenneth Hamilton
28 July 1947
CONSTITUTION ss 69, 85: NAVIGATION ACT 1912 s 13

The Librarian of the Parliament of the Commonwealth has forwarded to me for advice the following communication: The question of disposal of records transferred from State to Commonwealth on the oc...

60
1817
FLAX INDUSTRY
COMMONWEALTH POWER TO LEGISLATE TO IMPLEMENT SPECIFIC PROPOSALS FOR REGULATION OF THE FLAX INDUSTRY: WHETHER STATE REFERENCES IN RELATION TO THE FLAX INDUSTRY SHOULD BE SOUGHT: SCOPE OF DEFENCE POWER
, McKENNA N.K.
31 July 1947

I refer to your letter dated 22nd July, 1947, in which you asked me to examine the question whether it is constitutionally possible for the Commonwealth to retain control over the flax industry. On 24...

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