Legal Opinions

The Director of Quarantine has forwarded the following memorandum for advice:

The papers hereunder are forwarded together with a copy of the Sydney Harbour Trust Act 1900.

The Minister for Defence asks to be advised as to the constitutional power of a State Parliament to pass legislation of this kind.⁽²⁾

The Bill forbids licensees under the State licensing laws to supply or permit to be supplied any liquor to any member of the military forces whilst on duty, or whilst on active service, or whilst in uniform, except when such member is a bona fide traveller.

The Commissioner of Land Tax has forwarded the following memorandum for advice:

Referring to your opinion of the 26th ultimo⁽²⁾ on the scope of the amendment by section 4 of Act No. 29 of 1914, of section 66 of the original Act, I should be pleased if you will favour me with further advice in this connection, and more particularly as regards the following points. In your previous opinion you stated that if applicants show that the returns from land have been seriously impaired, a case has been made out for application of the section.

The Secretary, Department of Defence, has forwarded the file in connection with the proceedings of a district court-martial for the trial of Private A.B.C. for advice as to whether the finding and sentence of the court should be confirmed.

The question has been raised whether the Commonwealth Government has power, as a war measure, to fix the price of such a commodity as bread. In my opinion it has.

The Parliament has power to make laws with respect to the naval and military defence of the Commonwealth and the several States; and all matters incidental to the execution of this power.

The Secretary to the Treasury asks for advice on the question raised in the following letter from the Governor of the Commonwealth Bank of Australia:

The Secretary, Department of Defence, forwards the following memorandum for advice:

I am directed to invite you to advise this Department whether there is power under the War Precautions Act to make a regulation providing for the deportation from the Commonwealth of a person fined or sentenced to imprisonment for an offence against the War Precautions Act, and in the case of a person sentenced, whether during the currency of the sentence or after its termination.

The Treasurer asks for advice on the questions raised in the following letter by Messrs Snowball and Kaufmann:

We have had a difficulty in advising our clients on their rights and duties under Statutory Rules 49D of 1916 No.ll:

I am in receipt of your letter of 13th instant asking for advice whether the Public Works Committee have power, after completing an inquiry into a work, to prevent a Minister from securing further technical information as to the carrying out of the work, or does a Minister's right of changing the construction, so as to reduce costs and create efficiency, from when the Public Works Committee have made their recommendation, [prevail], and whether the Public Works Committee has any power to control a Minister's action in carrying out the work.⁽¹⁾

The Treasurer asks for advice on the question raised in the following letter:

Having reference to the accompanying letter from the Colonial Sugar Refining Company, in which it is shown that the shipping companies have raised the freights on sugar- To Fremantle