The Secretary, Prime Minister’s Department, has forwarded the following letter from the Premier of Victoria for advice:
Legal Opinions
Opinion Number. 1489
Subject
| Date
FREEDOM OF INTERSTATE trade, commerce and intercourse
REGISTRATION OF MOTOR VEHICLES: PROPOSAL BY VICTORIA TO EXEMPT FROM
REGISTRATION REQUIREMENT VEHICLES REGISTERED IN ANOTHER STATE OTHER THAN THOSE carrying passengers or goods for hire or in course of trade: WHETHER INFRINGEMENT OF FREEDOM OF INTERSTATE trade, commerce and intercourse
Key Legislation
Motor Car Act 1909 (Vic) s 4: constitution s 92
Opinion Number. 1490
Subject
| Date
TAXATION OF INTEREST ON BORROWING BY COMMONWEALTH
TAXATION: INTEREST ON BORROWINGS BY COMMONWEALTH: WHETHER PROVISIONS OF Loans Securities Act APPLY only to Acts in force at time it was enacted: STATUTORY INTERPRETATION: EFFECT OF FAILURE TO BRING Loans Securities ACT INTO OPERATION AS REGARDS LOANS: APPLICABILITY OF Loans Securities ACT NOT BROUGHT TO ATTENTION OF TAXPAYER
Key Legislation
Loans Securities Act 1919 ss 2, 3, 5: Commonwealth Inscribed Stock Act 1911 ss 3, 4, 14, 15, 52B
The Secretary to the Treasury has forwarded me the following minute for advice:
Section 3 of the Loans Securities Act 1919 reads as follows:
Opinion Number. 1491
Subject
| Date
financial agreement
financial agreement: whether certain loans raised by Victoria render Commonwealth liable to pay sinking fund contribution: proceeds of ‘new loan’ applied to meet revenue deficit: whether loan raised to meet revenue deficit
Key Legislation
POST AND TELEGRAPH ACT 1901 ss 98, 136: CRIMES ACT 1914 s 14: POST OFFICE (MANAGEMENT) ACT 1837 (U.K.) (7 Will. 4 & 1 Vict. c. 33)
The Secretary, Postmaster-General’s Department, has forwarded the following memorandum for advice:
Opinion Number. 1492
Subject
| Date
Unemployment Relief Tax
liability of commonwealth officers to pay state Unemployment Relief Tax: possibility of deductions from salary on weekly or fortnightly basis
Key Legislation
PREVENTION AND RELIEF OF UNEMPLOYMENT ACT 1930 (NSW) ss 16, 21, 22, 23: UNEMPLOYMENT RELIEF (TAX) ACT 1930 (NSW): UNEMPLOYMENT RELIEF (TAX) AMENDMENT ACT 1930 (NSW) s 2: INCOME TAX MANAGEMENT ACT 1928 (NSW)
The Secretary, Prime Minister’s Department, has forwarded the following memorandum for advice:
Opinion Number. 1493
Subject
| Date
financial agreement
financial agreement: whether certain loans raised by Victoria render Commonwealth liable to pay sinking fund contribution: proceeds of
Key Legislation
FINANCIAL AGREEMENT BETWEEN THE COMMONWEALTH AND THE STATES -AGREEMENT DATED 12 DECEMBER 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 Part II cl 4(d), Part III cll 3(f), 3(j) : COMMONWEALTH AND STATES FINANCIAL AGREEMENT ACT 1927 Act No. 3554 (Vic) s 9(4)
The Secretary to the Treasury has forwarded me the Treasury file relating to the application by the State of Victoria of certain loan moneys raised under the Financial Agreement, and requested advice whether the evidence contained in the file is such as to establish that certain loans raised by the State of Victoria were of such a nature as to render the Commonwealth liable to pay a sinking fund contribution under the Financial Agreement.
Opinion Number. 1494
Subject
| Date
Foreign Aircraft
aviation: foreign aircraft: carriage of passengers or goods for hire or reward within Commonwealth: whether requirement to register aircraft in australia would be consistent with air navigation convention: imposition of conditions of airworthiness etc upon such use in commonwealth
Key Legislation
INTERNATIONAL CONVENTION RELATIVE TO AIR NAVIGATION done at Paris on 13 October 1919 [1922] ATS 6 arts 7, 8: AIR NAVIGATION REGULATIONS Parts IV, V, VII, reg 5
The Secretary, Department of Defence, has forwarded the following memorandum for advice:
Opinion Number. 1495
Subject
| Date
Posts and Telegraphs
transmission through post of grossly offensive publication: seditious political material:
Key Legislation
POST AND TELEGRAPH ACT 1901 ss 41, 48, 52, 107: CRIMES ACT 1914 ss 24A(1)(g), 30A(1), 30E
The Secretary, Postmaster-General’s Department, has forwarded the following memorandum for advice:
I am enclosing herewith papers relating to the destruction, by order of the Deputy Director, Posts and Telegraphs, Sydney, of a number of posted copies of an issue dated 28.8.1931 of a publication entitled ‘The Red Leader’ and described as the official organ of the Minority Movement — Australian Section of the Red International of Labour Unions. The Deputy Director states that the action was taken on the following advising given by the Deputy Crown Solicitor.
Opinion Number. 1496
Subject
| Date
Freedom of Trade, Commerce and Intercourse
quarantine: disease known as ‘corky scab’ found in potatoes in tasmania: prohibition by victoria of entry into victoria or carriage over Victorian Railways of potatoes from tasmania: whether contravention of constitutional freedom of trade, commerce and intercourse
Key Legislation
VEGETATION AND VINE DISEASES ACT 1915 (No. 2744) (Vic): QUARANTINE ACT 1908: CONSTITUTION s 92: STOCK ACT 1901 (NSW)
The Secretary, Department of Markets, has forwarded the following memorandum for advice:
For some time past the Victorian Government has prohibited the entry into Victoria of potatoes from Tasmania, in view of the possible danger of introducing a disease known as ‘Corky Scab’ which has been found to affect potatoes grown in Tasmania. The Victorian Government has, moreover, refused to allow Tasmanian potatoes to be carried over the Victorian Railways en route to other states.
Opinion Number. 1497
Subject
| Date
Surplus Revenue
payment of surplus revenue to states: meaning of ‘surplus revenue’: ascertainment of surplus revenue: deduction of moneys appropriated but remaining in consolidated revenue fund: significance of payment to a trust fund
Key Legislation
SURPLUS REVENUE ACT 1908 s 4: SURPLUS REVENUE ACT 1910 ss 4, 6: OLD AGE PENSIONS APPROPRIATION ACT 1908: COAST DEFENCE APPROPRIATION ACT 1908: CONSTITUTION ss 89, 94
The Secretary, Parliamentary Joint Committee of Public Accounts, has forwarded to me the following communication for advice:
Following is an extract from the Annual Report of the Commonwealth Auditor-General (Mr C.J. Cerutty) for the year 1925–26:
Opinion Number. 1498
Subject
| Date
BANKING
whether Commonwealth has power to guarantee payment of deposits and other liabilities of State Savings Bank: power to make laws with respect to ‘banking, other than state banking’: whether operations of state savings bank are ‘state banking’
Key Legislation
constitution s 51(xiii)
The Secretary to the Treasury has forwarded the following memorandum to me for advice:
The question has been raised whether the Commonwealth has power to legislate so as to provide that the Commonwealth shall guarantee payment of the deposits and other liabilities of a State Savings Bank.
The Treasurer would be glad if you would kindly look into this matter urgently and advise your opinion.