Legal Opinions

101

Opinion Number. 1477

Subject

Double Dissolution
double dissolution: whether required two disagreements between houses may occur in same session of parliament

AuthorKNOWLES George Shaw | Date
Key Legislation

constitution ss 57, 128

With reference to your inquiry as to whether the two disagreements between the Houses, which are conditions precedent to the granting of a double dissolution, may occur in the same session or must occur in different sessions, I desire to say that in my opinion it is clear that the two disagreements may occur either in the same session or in two consecutive sessions, so long as, in either case, an interval of at least three months occurs.

The question turns on the provisions of the first paragraph of section 57 of the Constitution. That paragraph reads as follows:

102

Opinion Number. 1478

Subject

Export of Goods
customs: regulation of export of goods: commonwealth legislation covering field: validity of state legislation regulating export of sandalwood: inconsistency

AuthorKNOWLES George Shaw | Date
Key Legislation

Sandalwood Act 1930 (SA) s 8: customs act 1901 Part VI, s 112: constitution s 109

The Secretary, Department of Markets has forwarded to me for advice the following memorandum:

I desire to inform you that an agreement is in existence between the South Australian Government and the Co-operative Sandalwood Co. (South Australia) Ltd., under which the Company has the right to remove the commercially valuable sandalwood (which includes the roots and butts) from certain areas of crown lands for a period ending on 31st January, 1931. It is understood that this sandalwood, when cleaned, is exported to China.