Legal Opinions

Opinion Number. 886

Subject

PUBLIC WORKS COMMITTEE
WHETHER WORKS ADDITIONAL TO MAIN WORK PREVIOUSLY APPROVED HAVE TO BE REFERRED TO COMMITTEE

AuthorKNOWLES George Shaw | Date
Key Legislation

COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, s. 15 (1)

The following memorandum has been forwarded to me for advice:

In connection with the construction of a naval base at Westernport, Victoria, certain works-water supply, sewerage, and two lots of buildings of various kinds-were referred to the Parliamentary Standing Committee on Public Works for report. The Committee have reported and the works are well in hand.

Opinion Number. 887

Subject

WAR PRECAUTIONS
WHETHER COMMONWEALTH HAS POWER TO TAKE POSSESSION OF PORTION OF RIVER: WHETHER 'LAND' INCLUDES RIVER: RIVER AS SOURCE OF WATER SUPPLY DISTINGUISHED FROM RIVER AS MEANS OF COMMUNICATION

AuthorKNOWLES George Shaw | Date
Key Legislation

WAR PRECAUTIONS REGULATIONS 1915, reg.4

The Secretary, Department of Defence, forwards the following memorandum by the Adjutant-General for advice:

Recently an officer was appointed to inquire into conditions at Berrima(1) and after investigation he recommended that the present area on the river set aside for the use of the internees be extended to include that portion of the river which passes the compound.

Opinion Number. 888

Subject

MURRAY RIVER WATERS
AGREEMENT BETWEEN COMMONWEALTH AND PARTICIPATING STATES: WHETHER STATE CAN INCLUDE IN ITS SHARE OF EXPENDITURE ON WORKS INTEREST ON MONEY BORROWED FOR PURPOSE OF MEETING ITS SHARE

AuthorKNOWLES George Shaw | Date
Key Legislation

RIVER MURRAY WATERS ACT 1915, Schedule

The following memorandum has been submitted to me by the River Murray Commission asking for advice:

I am directed by the River Murray Commission to submit to you the following question for favour of advice.

Included in the statement of expenditure incurred prior to 31 January 1917 submitted by one of the Contracting State Governments is an amount of £14,959, covering interest on loan.

Opinion Number. 889

Subject

MURRAY RIVER WATERS
AGREEMENT BETWEEN COMMONWEALTH AND PARTICIPATING STATES: WHETHER PROPOSAL BY STATE TO ENLARGE STORAGE CAPACITY OF SCHEME AT EXPENSE OF OTHER PARTIES COMES WITHIN TERMS OF AGREEMENT

AuthorKNOWLES George Shaw | Date
Key Legislation

RIVER MURRAY WATERS ACT 1915, Schedule

The following question has been submitted by the Secretary of the Department of Works and Railways for advice:

I am directed by the River Murray Commission to request your advice regarding the matter referred to herein.

The South Australian Government has submitted a claim in connection with the above-mentioned storage, providing for a lake with a capacity of 541,000 acre feet.

Opinion Number. 890

Subject

NORTHERN TERRITORY LAWS
CHANGE OF VENUE OF CRIMINAL TRIAL: WHETHER CHARGES ARISING OUT OF CIVIL DISTURBANCE IN DARWIN CAN BE HEARD OUTSIDE NORTHERN TERRITORY: EXTENT OF COURT'S POWER TO CHANGE VENUE: NATURE OF CHARGES TO BE LAID

AuthorKNOWLES George Shaw | Date
Key Legislation

CONSTITUTION, s. 80: JUDICIARY ACT 1903, ss. 30, 68 (1) (a), 71 A: HIGH COURT PROCEDURE ACT 1903, ss. 2, 6, 7: ACTS INTERPRETATION ACT 1904, s. 4: NORTHERN TERRITORY ACCEPTANCE ACT 1910, s. 7 (1): NORTHERN TERRITORY (ADMINISTRATION) ACT 1910, ss. 5, 12: CRIMES ACT 1914, ss. 3, 5, 12 (1). 29, 76: JUDICIARY ACT 1915. ss. 2. 3: HIGH COURT PROCEDURE ACT 1915, s. 2: ACT No. 31 of 1855 (S.A.), s. 7: ACT No. 6 of 1868 (S.A.), s. 10: NORTHERN TERRITORY JUSTICE ACT 1884 (S.A.), ss. 2, 3: SUPREME COURT ORDINANCE 1911 (N.T.), ss. 4, 9, 14, 15, 16, 17, 21, 23: JURY ORDINANCE 1912 (NT), s. 2; The Schedule

The Secretary, Department of Home and Territories:

The following matter has been referred for advice by the Secretary of the Home and Territories Department:

Opinion Number. 891

Subject

NORTHERN TERRITORY LAWS
CHARGES ARISING OUT OF CIVIL DISTURBANCE IN DARWIN: WHETHER CERTAIN OFFENCES PUNISHABLE BY IMPRISONMENT FOR MORE THAN SIX MONTHS MAY BE TRIED SUMMARILY: WHETHER CERTAIN SOUTH AUSTRALIAN LEGISLATION IS STILL IN FORCE IN NORTHERN TERRITORY: NATURE OF CHARGES TO BE LAID

AuthorKNOWLES George Shaw | Date
Key Legislation

CONSTITUTION, s. 80: ACTS INTERPRETATION ACT 1904, s. 4: CRIMES ACT 1914, ss. 3, 5, 12, 26, 29, 76: POLICE ACT 1869 (S.A.j, ss. 19, 27: CRIMINAL LAW CONSOLIDATION ACT 1876 (S.A.j, ss. 54, 58, 102; Part III: JUSTICES PROCEDURE AMENDMENT ACT 1883 (S.A.), ss. 28, 29, 32: JURY ORDINANCE 1912 (NT), s. 5

I advised on this matter on 8 January 1919.(1)

The Minister has since returned the papers with the following memorandum for consideration:

Opinion Number. 892

Subject

COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER RECEIPTS GIVEN IN CONNECTION WITH WAR LOAN TRANSACTIONS ARE SUBJECT TO STATE STAMP DUTY

AuthorKNOWLES George Shaw | Date
Key Legislation

STAMP ACT AMENDMENT ACT 1918 (QLD), s. 38

The following letter from the Secretary of the Brisbane Stock Exchange has been submitted to me with the request for advice as to whether stamp duty is payable under the above Act on receipts given in connection with sales of War Loan stock:

Opinion Number. 893

Subject

REPATRIA TION: ACQUISITION OF LAND
WHETHER COMMONWEALTH HAS POWER TO ACQUIRE LAND FOR PURPOSE OF REPATRIATION LAND SETTLEMENT

AuthorKNOWLES George Shaw | Date
Key Legislation

CONSTITUTION, s. 51 (vi), (xxxi), (xxxix): LANDS ACQUISITION ACT 1906: LAND TAX ASSESSMENT ACT 1910, s. 48

The Secretary, Prime Minister's Department, has forwarded the following memorandum asking for advice:

Opinion Number. 894

Subject

WAR PRECAUTIONS: QUARANTINE
CLOSURE OF THEATRES ON ACCOUNT OF INFLUENZA EPIDEMIC: WHETHER COMMON

AuthorKNOWLES George Shaw | Date
Key Legislation

QUARANTINE ACT 1908: WAR PRECAUTIONS ACT 1914

Copy of a telegram received from the Premier, New South Wales, dated Sydney, 28 January 1919:

Opinion Number. 895

Subject

STATE INSPECTION LAWS
WHETHER STATE MAY LEVY INSPECTION CHARGES ON GOODS PASSING INTO STATE FROM INTERSTATE WHERE EXPORT HAS BEEN APPROVED BY COMMONWEALTH INSPECTORS

AuthorKNOWLES George Shaw | Date
Key Legislation

CONSTITUTION, ss. 92. 112: MEAT INDUSTRY ACT 1915 (N.S.W.), ss.6, 7, 19: COMMERCE REGULATIONS 1913

J.C Hutton Proprietary Limited have pointed out that its hams and bacon, upon importation into Sydney from other States, are required, by the Metropolitan Meat Board, to be inspected, and that the Board makes a charge for the inspection. The inspection is alleged to be performed in a very perfunctory manner and to consist merely of stamping the outside wrapper of the goods.