Legal Opinions

71

Opinion Number. 1447

Subject

ASHMORE AND CARTIER ISLANDS
PROPOSED TRANSFER OF INTERESTS OF UK GOVERNMENT IN ASHMORE ISLANDS AND CARTIER ISLET TO COMMONWEALTH OF AUSTRALIA: PREFERRED MODE OF TRANSFER: ORDER-IN-COUNCIL PLACING ISLANDS UNDER AUTHORITY OF COMMONWEALTH UNDER CONSTITUTION s 122 AND PASSING OF ACT BY COMMONWEALTH PARLIAMENT ACCEPTING ISLANDS

AuthorGARRAN Robert Randolph | Date
Key Legislation

COLONIAL BOUNDARIES ACT 1895 (U.K.) (58 & 59 Vict. c. 34): CONSTITUTION s 122

The Secretary, Prime Minister’s Department, has forwarded to me the following memorandum for advice:

With reference to Opinion No. 134 of the Solicitor-General dated 23rd July, 1927,(1) relative to the proposed transfer to the Western Australian Government of jurisdiction over the Ashmore and Cartier Islands, I forward herewith a copy of a despatch addressed to the Secretary of State for Dominion Affairs on the 11th January, 1928, in this matter, and a reply thereto of the 8th January last received from the Secretary of State.

72

Opinion Number. 1448

Subject

State stamp duty
whether transfers of Commonwealth Inscribed Stock subject to state stamp duty: inconsistency with Commonwealth Inscribed Stock Act

AuthorGARRAN Robert Randolph | Date
Key Legislation

Commonwealth Inscribed Stock Act 1927 s 4: Commonwealth Inscribed Stock Act 1911 s 52A

The Secretary to the Treasury has forwarded to me the following memorandum for advice:

73

Opinion Number. 1449

Subject

New Guinea
new guinea: contracts with natives: power to amend Natives’ Contracts Protection Ordinance to empower administrator to cancel at any time any contract which in his opinion is contrary to interests of natives

AuthorKNOWLES George Shaw | Date
Key Legislation

Natives Contracts Protection Ordinance 1921 (NG) s 7

The Secretary, Home and Territories Department, has forwarded the following Memorandum for advice:

74

Opinion Number. 1450

Subject

Weights and Measures
power of commonwealth to legislate on subject of weights and measures: weights and measures power: establishment of standards and monitoring arrangements

AuthorLATHAM John Greig | Date
Key Legislation

constitution s 51(xv)

The Prime Minister has referred to me, for advice as to the constitutional powers of the Commonwealth, a report and recommendations by the Council for Scientific and Industrial Research as to the establishment of Commonwealth standards of Weights and Measures.

The recommendations are summarised by the Secretary of the Council for Scientific and Industrial Research as follows:

75

Opinion Number. 1451

Subject

Elections
elections: disqualification as candidate: whether nomination for election as member of State Parliament would prevent or invalidate election of person nominated as member of House of Representatives

AuthorBONIWELL Martin Charles, BONIWELL Martin Charles | Date
Key Legislation

Constitution ss 34, 43, 44, 46: Commonwealth Electoral Act 1918 ss 7, 69

The Chief Electoral Officer has forwarded the following telegram for advice:

Speaker Legislative Assembly desires advise whether in event writ being issued for State Assembly by election and nomination day therefor fixed prior to twelfth October a candidate at forthcoming House of Representatives election could so far as Commonwealth law is concerned nominate for such State vacancy without affecting his Commonwealth candidature or right to representatives seat if elected. Glad of favor your advice.

76

Opinion Number. 1452

Subject

Elections
elections: polling adjourned due to flooding: whether electors may vote as absent voters at adjourned polling

AuthorBONIWELL Martin Charles, BONIWELL Martin Charles | Date
Key Legislation

Commonwealth Electoral Act 1918 ss 113, 121, 126, 127: Electoral and Referendum Regulations 1928 reg 46

The Chief Electoral Officer has forwarded to me the following message for advice:

Polling adjourned at eight polling places pursuant section 126 Commonwealth Electoral Act owing floods. Pleased receive urgent advice whether electors may vote as absent voters at adjourned polling. Please refer section 113 of Act, Electoral Regulation 46 and section 127 of Act also to case Mirach versus Phillips.

77

Opinion Number. 1453

Subject

Wireless Telegraphy
validity of the Wireless Telegraphy Act: whether wireless telegraphy is included within meaning of words ‘postal, telegraphic, telephonic, and other like services’

AuthorGARRAN Robert Randolph | Date
Key Legislation

Wireless Telegraphy Act 1905: constitution s 51(v)

The Secretary, Postmaster-General’s Department, has forwarded to me for advice the following memorandum:

78

Opinion Number. 1454

Subject

Royal commissions
Variation of terms of appointment of Royal Commission: reduction and extension of reporting time: Royal Commission on the Coal Industry

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary to the Treasury has forwarded me the following memorandum for advice:

In dealing with the term of appointment of the Royal Commission on the Coal Industry, the Treasurer has minuted the papers as follows:

Ask Attorney-General to advise what course should be adopted to terminate this enquiry at an early date and enable the Royal Commission to bring in an interim report.

I shall be glad if you will kindly obtain the Attorney-General’s advising as early as possible.

79

Opinion Number. 1455

Subject

Commonwealth Companies
Cockatoo Island Dockyard, Sydney: lease to and operation by company in which commonwealth has preponderant interest: power of commonwealth to appropriate moneys for purpose: extent of appropriations power

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION s 81

The Secretary, Prime Minister’s Department, has forwarded to me the following memorandum for advice:

I am directed by the Prime Minister to refer the following question to you for favour of urgent consideration and advice:

80

Opinion Number. 1456

Subject

Unemployment Insurance
power of Commonwealth Parliament to make laws with respect to unemployment insurance: insurance power: ‘INSURANCE’

AuthorGARRAN Robert Randolph | Date
Key Legislation

Unemployed Workers Insurance Act 1922 (Qld) (13 Geo. 5 No. 28) ss 3, 4, 5, 6, 7, 9, 13, 14, 15, 16, Schedule: constitution s 51(xiv): Commonwealth Workmen’s Compensation Act 1912: Unemployment Insurance Act 1920 (U.K.) (10 & 11 Geo. V c. 30)

The Prime Minister asked to be advised as to the power of the Commonwealth Parliament to make laws with respect to unemployment insurance.

As a type of the legislation under this head I am referred to the Unemployment Workers Insurance Acts 1922–1927 of Queensland.