The Comptroller-General of Customs asks for advice on the question raised in the following memorandum:
Legal Opinions
61
Opinion Number. 1437
Subject
| Date
Interstate and Overseas Shipping
interstate and overseas shipping: power of commonwealth to assume control of loading and unloading of vessels: power to issue licences to persons engaged in shipping industry: suspension and cancellation of licences: ‘navigation and shipping’
Key Legislation
CONSTITUTION ss 51(i), 98: SEAMEN’S COMPENSATION ACT 1911
62
Opinion Number. 1438
Subject
| Date
Coasting Trade
VESSEL ENGAGED IN COASTING TRADE TRAVELLING TO ANOTHER STATE TO ENGAGE IN COASTING TRADE THERE: WHETHER DURING THAT VOYAGE REGARDED AS ENGAGED DIRECTLY OR INDIRECTLY IN TRADE OR COMMERCE WITH OTHER COUNTRIES OR AMONG THE STATES: ENGAGEMENT IN INTERSTATE INTERCOURSE: ARTICLE OF COMMERCE: APPLICATION OF NAVIGATION ACT
Key Legislation
NAVIGATION ACT 1912 ss 2(2), 7, 39, 288: CONSTITUTION covering cl 5, ss 51(i), (xxxix), 98
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
The ‘Narrabeen’, a small steamer, has been employed for some years in the carriage of cargo between coastal ports in New South Wales. She held a sea-going Certificate issued by the Department of Navigation NSW.
The Deputy Director NSW was recently approached in connection with a proposal to bring the vessel from Sydney to Westernport, Vic., in ballast for the purpose of engaging in local trade at the latter place.
63
Opinion Number. 1439
Subject
| Date
Immigration
LIABILITY OF MASTER, OWNERS ETC OF VESSELS IN WHICH PROHIBITED IMMIGRANT ARRIVES TO REPATRIATE IMMIGRANT AND MEET COSTS OF DETENTION: SALE OF SHIPPING LINE: WHETHER NEW OWNERS LIABLE TO MEET COSTS INCURRED PRIOR TO PURCHASE: SALE OF AUSTRALIAN COMMONWEALTH SHIPPING LINE: LIABILITY OF COMMONWEALTH SHIPPING BOARD
Key Legislation
IMMIGRATION RESTRICTION ACT 1901 s 13A
The Secretary, Department of Home and Territories, has forwarded the following memorandum to me for advice:
With regard to section 13A, sub-section (1) of the abovementioned Act, which reads as follows:
64
Opinion Number. 1440
Subject
| Date
Broadcasting
POWER OF COMMONWEALTH TO CONTROL WIRELESS BROADCASTING OF FIXED AND MOVING PICTURES: WHETHER TRANSMISSION OF PICTURES BY WIRELESS TELEGRAPHY IS THE TRANSMISSION OF ‘MESSAGES’ WITHIN THE MEANING OF THE WIRELESS TELEGRAPHY ACT
Key Legislation
WIRELESS TELEGRAPHY ACT 1905
The Director of Postal Services has forwarded for advice the following memorandum:
65
Opinion Number. 1441
Subject
| Date
New Guinea
EXPROPRIATED PROPERTY OF GERMAN MISSIONS IN NEW GUINEA: WHETHER CONTROL AND PROPERTY MAY BE HANDED BACK TO PREVIOUS OWNERS GERMAN MISSIONARY SOCIETIES: APPOINTMENT OF TRUSTEES
Key Legislation
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY done at Versailles on 28 June 1919 [1920] ATS 1 (Treaty of Versailles) arts 436, 438: GERMAN MISSIONS ORDINANCE 1926 (NG) s 5
The Secretary, Department of Home and Territories, has forwarded me the following minute for advice:
With reference to your opinion No. 26 of 1927,(1) your papers 867/7/41, and previous correspondence regarding German Mission property in the Territory of New Guinea, I desire to inform you that a communication in the following terms has been received from the Rev. F. Otto Theile, Director of the Lutheran Mission, New Guinea, regarding the property of the Neuendettelsauer Mission and the Rheinische Mission:
66
Opinion Number. 1442
Subject
| Date
NATIONAL INSURANCE
WHETHER COMMONWEALTH HAS CONSTITUTIONAL POWER TO EXTRACT CONTRIBUTIONS FROM STATE GOVERNMENT EMPLOYER IN RESPECT OF SCHEME OF NATIONAL INSURANCE: WHETHER STATE GOVERNMENT EMPLOYEE COULD BE ACCEPTED AS VOLUNTARY CONTRIBUTOR: INSURANCE POWER
Key Legislation
NATIONAL INSURANCE BILL 1928: CONSTITUTION s 51(xiv), (xxxv)
I am in receipt of the following minute from the Secretary to the Treasury upon which he requests to be supplied with advice:
I am directed to ask if you will kindly advise whether the Commonwealth has the constitutional power to extract contributions from an employer in respect of a scheme of National Insurance when that employer is a State Government.
67
Opinion Number. 1443
Subject
| Date
New Guinea
NEW GUINEA: EXPROPRIATED PROPERTY: CALCULATION OF AMOUNT TO BE PAID TO GERMANY UPON REALISATION OF ASSET
Key Legislation
EXPROPRIATION ORDINANCE 1920 (NG) s 4B(1): TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY done at Versailles on 28 June 1919 [1920] ATS 1 (Treaty of Versailles) Annex Part X, s IV para 4
I have received from the Auditor-General the following memorandum requesting advice:
Now that the expropriated properties of ex-enemy nationals in the Territory of New Guinea have been disposed of, the question arises of dealing with the net proceeds of the sale of the properties and of the result of trading since 10th January 1920.
68
Opinion Number. 1444
Subject
| Date
GENEVA CONVENTION
DRAFT GENEVA CONVENTION ON ARMS AND AMMUNITION: POWER OF COMMONWEALTH TO EXERCISE CONTROL OVER PRIVATE MANUFACTURE OF ARMS AND TO ISSUE LICENCES TO MANUFACTURERS: TRADE AND COMMERCE POWER: DEFENCE POWER: EXTERNAL AFFAIRS POWER
Key Legislation
DRAFT GENEVA CONVENTION ON ARMS AND AMMUNITION arts 3, 4, 5: CONSTITUTION s 51(vi)
The Secretary, Prime Minister’s Department, asks for advice on the questions raised in the following memorandum:
I would be glad if you could please furnish me with your advice on the following point.
The Commission of the League of Nations, charged with drawing up a draft convention relative to the supervision of the private manufacture and publicity of the manufacture of arms and ammunition and of implements of war, has prepared a text, Article 3 of which is as follows:
69
Opinion Number. 1445
Subject
| Date
AUSTRALIAN BANK NOTES
WHETHER IT IS THE PREROGATIVE OF THE RULING SOVEREIGN ALONE TO APPEAR IN EFFIGY ON THE NATIONAL CURRENCY
Key Legislation
COMMONWEALTH BANK ACT 1911 ss 60A, 60G, 60H: AUSTRALIAN NOTES ACT 1910: COINAGE ACT 1909 s 8
The Assistant Secretary, Prime Minister’s Department, has forwarded for advice the question as to whether it is the prerogative of the ruling sovereign alone to appear in effigy on the national currency. It would appear, however, from the correspondence that the question to be immediately answered assumes the form–Is it the prerogative of His Majesty to have his image impressed on Australian notes?
70
Opinion Number. 1446
Subject
| Date
GENEVA CONVENTION
DRAFT GENEVA CONVENTION ON ARMS AND AMMUNITION: POWER OF COMMONWEALTH TO EXERCISE CONTROL OVER PRIVATE MANUFACTURE OF ARMS AND TO ISSUE LICENCES TO MANUFACTURERS: DEFENCE POWER: EXTERNAL AFFAIRS POWER
Key Legislation
CONSTITUTION s 51(vi), (xxix)
I have read the opinion of the Solicitor General dated 20.5.1929,(1) and I agree in his view that the defence power extends sufficiently far to make it possible for the Commonwealth Parliament to make laws dealing with Category I, Category III, and Category II so far as articles whose primary use was for warlike purposes, are concerned.
The opinion of the Solicitor General suggests that the defence power does not extend to control all articles capable of use for military purposes whose primary use is not for such purposes.