Legal Opinions

The Secretary, River Murray Commission, has forwarded to me the following communication for advice:

I have been directed to submit to you the appended copy of a letter from the Hon. the Premier of New South Wales, which letter was forwarded to my Commission through the Prime Minister’s and Works’ Departments, and shall be glad if you will furnish advice as to the powers and/or responsibilities of the River Murray Commission with regard to lands required for the purposes of the River Murray Agreement.

Referring to my Opinion of 3 February⁽¹⁾ last (No. 12 of 1930) the Prime Minister asks to be further advised:

The question on which I am asked to advise is whether this book⁽¹⁾ is ‘indecent or obscene’ so as to be a prohibited import within the meaning of the Customs Act, section 52(c).

This is not a general question of the censorship of morals. It is a particular question as to the applicability of the precise words ‘indecent or obscene’. And it may be added that, if the work in question comes within that category, even if its importation were not prohibited its possession or exhibition for sale would be an offence against State law.

Mr. Gunn, of the Development and Migration Commission, forwards the following memorandum for advice:

We are asked to advise on a number of questions arising directly or indirectly out of section 128 of the Constitution of the Commonwealth. We have found the first question by far the most difficult, and it is probably the most important. As to this, we have had the advantage of reading two other expressions of opinion dealing with the point at issue. The very fact that they differ, imports that a serious doubt exists and we think that no opinion on the difficult question of interpretation involved can be expressed with complete confidence.

The Leader of the Government in the Senate has submitted the following questions to me for advice:

The Secretary, Department of Works and Railways asks for advice on the questions set out in the following memorandum:

The following communication which has been received from the Works Director, Victoria, relative to the above Act, is referred for consideration and favor of early advice, in view of the early date, viz., 1st July, 1930, upon which this Act comes into force:

I desire to bring under your notice that the Victorian Government has passed the above Act, which will come into operation on the 1st July, 1930.

The Secretary to the Treasury asks for advice on the question set out in the
following memorandum:

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

The Bill relating to the assessment of Unemployment Relief Tax now only awaits the acceptance by the Legislative Assembly of certain formal amendments inserted by the Legislative Council.

Under the Bill, the tax in respect of the salaries of Commonwealth Public Servants will (unless legislation is introduced by the Commonwealth Government) be levied by means of an annual assessment and will be payable in one amount within thirty days after the issue of the assessment.

The Commissioner of Taxation has forwarded me the following memorandum for advice:

Ex-Commonwealth officers transferred to State Taxation Department, N.S.W.

The following is a copy of a question asked in Parliament today: