Northern territory
territories power: power to divide northern territory: whether territory accepted or acquired by Commonwealth must be governed as whole
Constitution s 122
The Secretary to the Home and Territories Department has forwarded for advice the following memorandum:
The following is an extract from certain Notes prepared by Mr C. W. D. Conacher, Managing Director, Northern Agency Ltd., on the North Australia Bill, which has been submitted to the Minister:
Section 5(1)–I have heard legal opinion to the effect that it is doubtful if the Constitution permits the Government to divide the Northern Territory.
DEFENCE
DEFENCE: EFFECT OF HIGH COURT DECISION IN PIRRIE v M c FARLANE: WHETHER OBLIGATION TO COMPLY WITH STATE LAW MAY BE AVOIDED BY REGULATION UNDER DEFENCE ACT
PIRRIE v M c FARLANE (1925) 36 CLR 170: Motor Car Act 1915 (Vic) s 6: Defence Act 1903: Air Force Act 1923 s 3(3)
The Secretary, Department of Defence, has forwarded me the following memorandum for advice:
Proceedings in respect of newspaper publication
possible proceedings in respect of letter published in ‘Labor daily’ newSpaper, sydney: purported letter from british fascists to capt hatcher, mercantile marine office: prospects of proceedings for forgery: prospects of proceedings for defamation
Crimes Act 1900 (NSW) ss 250, 252
The Minister for Trade and Customs desires advice as to whether it is possible for successful action to be taken by any person interested and/or the Government against the editor of the Labor Daily Newspaper in respect of the letter published in that newspaper on the 11th November, 1925, purporting to be from the Secretary of the British Fascists to Captain J. Olden Hatcher, Mercantile Marine Office, Melbourne.
The letter, omitting formal parts, reads as follows:
New Guinea
Whether Governor-General retains powers vested in him by Commonwealth Acts when those Acts are applied by Ordinances to Territory of New Guinea
Laws Repeal and Adopting Ordinance 1921 (NG)
I am in receipt of your minute of the 1st June, 1925, requesting advice whether the powers vested in Governor-General by Commonwealth Acts are retained by him when those Acts are applied, by Ordinances, to the Territory of New Guinea.
I assume that the nature of the application referred to is such as is provided for in the Laws Repeal and Adopting Ordinance.
Weights and measures
power of commonwealth to legislate in respect of storage, testing and inspection of gas cylinders: control of gas cylinders on land: extent of weights and measures power
Constitution s 51(xv)
The Secretary, Department of Markets and Migration, has forwarded me the following memorandum for advice:
state grants
grant to western australia for application to objects approved by State Parliament: whether state should approve purposes of expenditure of grant prior to grants being made
Western AustraliaN Grant Act 1926 s 2
The Secretary to the Treasury has forwarded me the following memorandum for advice:
Banking
assistance for acquisition of homes: power to establish Department or Branch of Public Service to undertake granting of assistance: power to create or utilise branch of Commonwealth Bank for purpose: banking power: ‘banking’
Constitution s 51(xiii)
I have been asked to advise as to the means by which the Commonwealth may give effect to the policy enunciated by the Prime Minister at the last election in relation to the granting of assistance to manual workers and persons of small means to acquire homes on a basis of repayment extending over a long period of years.
Two courses call for consideration–
New Guinea
ower of commonwealth to control immigration into new guinea: powers conferred by league of nations mandate: application of immigration restriction act
MANDATE FOR THE ADMINISTRATION OF THE GERMAN POSSESSIONS IN THE PACIFIC OCEAN SITUATED SOUTH OF THE EQUATOR OTHER THAN GERMAN SAMOA AND NAURU, CONFERRED UPON HIS BRITANNIC MAJESTY FOR AND ON BEHALF OF THE COMMONWEALTH OF AUSTRALIA, CONFIRMED AND DEFINED BY THE COUNCIL OF THE LEAGUE OF NATIONS done at Geneva on 17 December 1920 [1920] ATS 2 arts 2, 3, 5: Laws Repeal and Adopting Ordinance 1921 (NG): Immigration RESTRICTION Act 1901
A question has been raised as to the powers of the Commonwealth to regulate immigration into the Territory of New Guinea. The answer to this question depends upon the terms of the Mandate conferred upon and accepted by His Majesty the King to be exercised on his behalf by the Government of the Commonwealth. (See Recitals of Mandate.)
By the Mandate, the Council of the League of the Nations, in accordance with article 32 of the Covenant, explicitly defined the degree of authority, control and administration to be exercised by Australia as Mandatory of the Territory.
Defence
defence: meaning of ‘on duty’: participation in function arranged for American Fleet: mounted paper-chase: voluntary parade: implications of repercussions for non-participation: relevant considerations
Defence Act 1903 s 57
The Minister for Defence has forwarded for advice the following letter:
Water
construction of power cables across river murray: river murray commission: power of commonwealth parliament to vest control in commission: navigation power: power to control construction of works which impede or obstruct navigation: river murray waters agreement
Constitution s 100
The Secretary to the River Murray Commission has forwarded for advice the following letter: