Legal Opinions

Opinion Number. 1479

Subject

PREFERENCE TO ONE STATE OR PART THEREOF
DRIED FRUIT MARKETING: DETERMINATION OF PERCENTAGE TO BE EXPORTED: EFFECTIVE DETERMINATION OF DIFFERENT PERCENTAGES FOR DIFFERENT STATES: DETERMINATION OF VARIABLE QUOTA BASED ON TOTAL PRODUCTION OF STATE: WHETHER PREFERENCE TO STATE: REQUIREMENT FOR UNIFORM PERCENTAGE THROUGHOUT ALL STATES OF COMMONWEALTH

AuthorKNOWLES George Shaw | Date
Key Legislation

DRIED FRUITS (Interstate TRADE) REGULATIONS reg 4, Schedule form B: CONSTITUTION s 99

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

  • Condition (b) of an owner’s licence issued under regulation 4 of the Dried Fruits (Interstate Trade) Regulations (S.R. 1928 No. 91) reads as follows:
  • That the licensee shall market outside the Commonwealth such percentage of the output of dried fruits produced in any particular year as the Minister, on the recommendation of the prescribed authority, from time to time determines.

Opinion Number. 1480

Subject

BRITISH MIGRANT RESETTLEMENT SCHEME
POWER OF COMMONWEALTH TO WITHOLD PAYMENT TO STATE in event of State’S failing to comply with provisions relating to Satisfactory Settlement: DETERMINATION OF ABROGATION OF AGREEMENT: Whether failure of Victorian Government to conduct impartial Inquiry into complaints from migrant settlers constitutES breach

AuthorKNOWLES George Shaw | Date
Key Legislation

MIGRATION AGREEMENT BETWEEN BRITISH AND COMMONWEALTH GOVERNMENTS dated 8 April 1925 AND SUBSIDIARY AGREEMENT BETWEEN THE COMMONWEALTH AND STATE GOVERNMENTS cll 16, 18, 19, 20, Schedule

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

I forward herewith copies of the £34,000,000 Agreement between the British and Commonwealth Governments, and Subsidiary Agreement between the Commonwealth and State Governments, and should be glad of an opinion as to:

Opinion Number. 1481

Subject

CUSTOMS
PROPOSED PROCLAMATION PROHIBITING EXPORT OF GOODS WHERE exporter does not undertake that SALE funds will be handed to prescribed authority upon payment by authority in Australia to exporter of value of proceeds plus rate of exchange: WHETHER MEASURE FOR PROTECTION OF REVENUE: OPINION OF GOVERNOR-GENERAL NON-JUSTICIABLE

AuthorKNOWLES George Shaw | Date
Key Legislation

Customs Act 1901 s 112(1)(b), (e)

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

Opinion Number. 1482

Subject

PostS and TelegraphS: INDECENT ARTICLES
SENDING INDECENT ARTICLES ETC THROUGH POST: PROSECUTIONS: VALIDITY OF PROCEEDINGS INSTITUTED BY ADDRESSEE OF LETTER: WHETHER IT IS INCUMBENT ON DEPARTMENT TO INSTITUTE PROCEEDINGS UPON REQUEST BY ADDRESSEE

AuthorKNOWLES George Shaw | Date
Key Legislation

POST AND TELEGRAPH ACT 1901 ss 5, 107, 153: CRIMES ACT 1914 s 13

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

Opinion Number. 1483

Subject

NATURALISATION : CONDITIONS AS TO EMPLOYMENT
limitation or regulation of employment of Southern Europeans in sugar industry: naturaliSation and aliens: conditions limiting privileges as British subjects: implications of treaty with italy

AuthorKNOWLES George Shaw | Date
Key Legislation

NATIONALITY ACT 1920 s 11: TREATY OF COMMERCE AND NAVIGATION BETWEEN UNITED KINGDOM AND ITALY done at Rome on 15 June 1883 [1901] ATS 65 art XIIII

I have been verbally requested by a member of the Sugar Inquiry Committee
(Mr. A.R. Townsend) to supply advice on the question whether the Commonwealth or the States could legally enter into any arrangement having for its object the limitation or regulation of the employment of Southern Europeans in the sugar industry.

Opinion Number. 1484

Subject

POSTS AND TELEGRAPHS: TERRITORY OF NEW GUINEA
whether adoption by Territory of New Guinea of postage rates within British Empire different from rates applicable to foreign countries would be LEGALLY OBJECTIONABLE OR contrary to spirit of Mandate

AuthorKNOWLES George Shaw | Date
Key Legislation

POST AND TELEGRAPH ORDINANCE 1923 (TNG): POST AND TELEGRAPH ACT 1901: 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 art 2: COVENANT OF THE LEAGUE OF NATIONS of 28 June 1919

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

Opinion Number. 1485

Subject

TERMINATION OF APPOINTMENT OF MINISTERS
TERMINATION OF APPOINTMENT OF MINISTERS OF CROWN: whether GOVERNOR-GENERAL should be advised by Executive Council or recommendation of Prime Minister is sufficient authority: ‘GOVERNOR-GENERAL’: ‘GOVERNER-GENERAL IN COUNCIL’

AuthorBRENNAN Francis (Frank) | Date
Key Legislation

Constitution ss 63, 64, 67

The Prime Minister recommended to the Governor-General that the appointments of two Ministers of the Crown should be terminated. His Excellency asks to be advised whether this is a matter in which he should be advised by the Executive Council or whether the recommendation of the Prime Minister is sufficient authority.

In my opinion this is a matter in which, under the Constitution of the Commonwealth, it is not necessary or proper to invoke the advice of the Federal Executive Council.

Opinion Number. 1486

Subject

CUSTOMS
CUSTOMS DUTY: IMPORTATION OF MATERIALS FOR ROMAN CATHOLIC CATHEDRAL, Perth: WHETHER MATERIALS ARE ‘works of art’ imported for public institution or purpose AND to be used for exhibition purposes: WHETHER ‘PUBLIC INSTITUTION’ INCLUDES CHURCH: WHETHER MATERIALS INTENDED FOR STRUCTURAL PURPOSES OR EXHIBITION

AuthorBRENNAN Francis (Frank) | Date
Key Legislation

CUSTOMS TARIFF Items 426(A), 426(B) by-law No 91 : COPYRIGHT ACT 1905

The Auditor-General has asked for my advice as to whether duty is payable on certain materials imported for the Roman Catholic Cathedral, Perth.

The recommendation of the Department of Trade and Customs in connexion with this matter was as follows:

Opinion Number. 1487

Subject

NATIONALITY
NATIONALITY OF FOREIGN-BORN ILLEGITIMATE CHILD: CHILD BORN IN SWITZERLAND TO UNMARRIED BRITISH MOTHER: STATUS OF CHILD AS ALIEN: APPLICATION FOR PASSPORT: STATUS OF CHILD AS BRITISH SUBJECT IN SWISS LAW

AuthorKNOWLES George Shaw | Date
Key Legislation

Nationality Act 1920 s 6

The Assistant Secretary, Department of Home Affairs, has forwarded to me the following memorandum for advice:

I desire to invite attention to your Opinion No. 162, dated 10th August, 1923,1 in which it is stated that an illegitimate child takes the nationality of its mother.

The Department has recently had to deal with the case of an application for a British Passport received from a person who was illegitimately born in Switzerland of a British mother.

Opinion Number. 1488

Subject

ISSUE OF COMMONWEALTH TREASURY BILLS TO REPAY STATE OVERDRAFT
ISSUE OF COMMONWEALTH TREASURY BILLS TO REPAY OVERDRAFT ACCORDED TO NSW BY WESTMINSTER BANK: borrowing by Commonwealth on behalf of NSW: APPROVAL OF LOAN COUNCIL: ENFORCEABILITY BY Commonwealth against State OF provisions with respect to such borrowing of Financial Agreement BETWEEN COMMONWEALTH AND STATE

AuthorGARRAN Robert Randolph | Date
Key Legislation

Financial Agreement between the commonwealth and the states -AGREEMENT <span class="char-style-override-3">dated <br />12 December</span> 1927 BETWEEN THE COMMONWEALTH OF AUSTRALIA , THE STATE OF NEW SOUTH WALES, THE STATE OF VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF SOUTH AUSTRALIA, THE STATE OF WESTERN AUSTRALIA and THE STATE OF TASMANIA

The following is the text of a memorandum dated 24 April 1931 addressed to me by the Secretary to the Treasury: