The Chairman, Royal Commission on the Navigation Bill:
(1) Under what sections of the Constitution does the Parliament of the Commonwealth derive its authority to pass navigation laws generally?
Legal Opinions
Opinion Number. 211
Subject
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NAVIGATION AND SHIPPING
SOURCES AND EXTENT OF COMMONWEALTH POWER:EXTENT OF POWER TO MAKE LAWS FOR PEACE, ORDER. AND GOOD GOVERNMENT OF COMMONWEALTH
Key Legislation
CONSTITUTION, covering cl. 5; ss. 51, 51 (i), (vii), (xxix), (xxxixj, 76, 98, 102, 104. 108. 109: POST AND TELEGRAPH ACT 1901. s. 2: DEFENCE ACT 1903, s. 6: COLONIAL LA WS VALIDITY ACT 1865 (IMP.): MERCHANT SHIPPING ACT 1894 (IMP.), ss. 735. 736
Opinion Number. 212
Subject
| Date
CUSTOMS
EXTENT OF CONTROL OVER WHARVES
Key Legislation
CUSTOMS ACT 1901. ss. 4. 15. 16. 17. 18, 75
It appears that the Fremantle Harbour Trust undertake the discharge of goods
(which are under the control of the Customs) from vessels, and their delivery into wharf sheds under the management of the Trust.
The Trust has been asked to enter into a security bond in respect of cargo in these sheds, but has been advised by its own solicitors and by the State Crown Law Officers not to enter into such a bond, and has been directed accordingly by the State Colonial Secretary. It therefore declines to enter into a bond.
Opinion Number. 213
Subject
| Date
LATEST STATISTICS OF COMMONWEALTH
WHETHER COMMONWEALTH MAY ADOPT RETURNS BY STATE STATISTICIANS
Key Legislation
CONSTITUTION, s. 24
The Minister for Home Affairs forwards the following case for opinion:
The Constitution Act, section 24, sub-section (i) provides that:
'A quota shall be ascertained by dividing the number of the people of the
Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the senators:'
Sub-section (ii) of the same section provides that:
Opinion Number. 214
Subject
| Date
TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER COMMONWEALTH HAS POWER TO TAKE OVER SUBMARINE CABLES IN WAR OR EMERGENCY
Key Legislation
CONSTITUTION, s. 51 (v), (vi), (xxxi) : THE ELECTRIC TELEGRAPH COMPANIES ACT (CAN), s. 7
In reference to the letter of the Secretary, Postmaster-General's Department, dated 25 January 1905, as to the legal power possessed by the Commonwealth Government to take possession of and work submarine cables in time of war or other emergency, I think that the Commonwealth Parliament has power to pass an Act on the lines of the Canadian Act mentioned (1886, c. 132(1)).
Opinion Number. 215
Subject
| Date
PUBLIC SERVANT
WHETHER OFFICE FORFEITED UPON SUMMARY CONVICTION FOR INDICTABLE OFFENCE
Key Legislation
ACTS INTERPRETATION ACT 1901, s. 27 : COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 66 : JUSTICES ACT OF 1886 (QLD), Part VII
A. was charged with an indictable offence, but apparently was dealt with summarily under Part VII of the Queensland Justices Act of 1886. The question is whether he was convicted 'on an indictment or presentment' within the meaning of section 66 of the Commonwealth Public Service Act 1902.
Section 27 of the Acts Interpretation Act 1901 provides that in any Act, unless the contrary intention appears, the word 'indictment' shall include information.
Opinion Number. 216
Subject
| Date
COMMONWEALTH PROPERTY
WHETHER COMMONWEALTH BOUND BY MUNICIPAL REGULATIONS
Key Legislation
It appears that the earth closet at the Drill Hall, Bunbury, W.A. is at a less distance from the street than is required by the by-laws of the Board of Health; and the Town Clerk has informed the State Under-Secretary for Public Works that the Board of Health has determined to enforce the by-law.
The Secretary, Department of Home Affairs asks to be advised whether the Commonwealth is subject to municipal regulations.
Opinion Number. 217
Subject
| Date
TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER COMMONWEALTH HAS POWER TO CONTROL SUBMARINE CABLES AND PRIVATE TELEGRAPH LINES
Key Legislation
CONSTITUTION, s. 51 (v), (vi) : DEFENCE ACT 1903, s. 63
The Secretary, Postmaster-General's Department asks to be further advised(1) as to-
Opinion Number. 218
Subject
| Date
NAVIGATION AND SHIPPING
WHETHER COMMONWEALTH HAS POWER TO ESTABLISH PILOT SERVICES : WHETHER COMMONWEALTH HAS POWER TO TAKE OVER EXISTING STATE PILOT SERVICES
Key Legislation
CONSTITUTION, ss. 51 (i), (xxxi), 98
The Prime Minister asks to be advised whether the Commonwealth has power, under the Constitution, to take over from the States the pilot services.
The Commonwealth Parliament has power to make laws with respect to-
Opinion Number. 219
Subject
| Date
DEFENCE FORCES
WHETHER IMPERIAL GOVERNMENT HAS POWER TO PRESCRIBE UNIFORM
Key Legislation
CONSTITUTION, s. 51 (vi)
The Constitution gives authority to the Commonwealth to make laws with respect to the naval and military defence of the Commonwealth and of the several States, and this in my opinion certainly includes power to prescribe what uniform the Australian forces shall wear, at all events within the Commonwealth. It is conceded in the despatch under consideration that Colonel A.'s action was justified by the dress regulations of the Commonwealth Forces and consequently there is no ground whatever for complaint.
Opinion Number. 220
Subject
| Date
MEMBER OF PARLIAMENT
WHETHER DISQUALIFIED BY RECEIPT OF TRAVELLING ALLOWANCE AS MEMBER OF ROYAL COMMISSION
Key Legislation
CONSTITUTION, ss. 44, 45, 46
The Government has fixed a scale of travelling allowances for the Tariff Commission(1), as follows: President-£1.10.0 per day; members-£1.5.0 per day, to be paid to members who are obliged in pursuance of their duties to be absent from the city in which they reside.
It appears that it is proposed to pay the allowance to members of Parliament who are members of the Commission: