Legal Opinions

Opinion Number. 1499

Subject

commonwealth bank whether commonwealth bank is commonwealth government instrumentality: application of state Interest Reduction and Moratorium legislation: immunity of instrumentalities: inconsistency

AuthorGARRAN Robert Randolph | Date
Key Legislation

INTEREST REDUCTION ACT 1931 (NSW): MORATORIUM ACT 1930

The Secretary, Department of the Treasury, has forwarded the following for advice:

I append for your information a copy of a letter of 7th October, addressed by the Chairman of the Commonwealth Bank Board to the Treasurer, and have to ask that you will kindly favour the Treasury with your early advice on this matter:

In the past the Board has not been concerned with the effect of State legislation as it has been tacitly accepted in almost all quarters that the Commonwealth Bank is a Government Instrumentality and hence not affected.

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Opinion Number. 1500

Subject

Statute of Westminster
text of Bill for Statute of Westminster: provisions relating to imperial legislation dealing with matters within exclusive power of States: request for legislation by state alone: request for legislation by commonwealth alone

AuthorGARRAN Robert Randolph | Date
Key Legislation

STATUTE OF WESTMINSTER 1931 (U.K.) (22 & 23 Geo. V c. 4)

The Secretary, Prime Minister’s Department, forwards a communication from the United Kingdom giving the text of the Bill for the Statute of Westminster which is about to be introduced in the Parliament at Westminster. The bill includes the clauses in the resolutions of the Commonwealth Parliament except the second half of paragraph 2 of clause 4 of the resolution of 28 July 1931.

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Opinion Number. 1501

Subject

elections
disqualification from enrolment: person convicted and under sentence for offence punishable by imprisonment for one year or longer: person sentenced to more than one year and released on probation before expiry of one year: person convicted or discharged conditionally on appearing for conviction and/or sentence if required

AuthorKNOWLES George Shaw | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902 s 39(4) : OFFENDERS PROBATION ACT 1913 (SA)

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

The following communication has been received from the Commonwealth Electoral Officer for South Australia —

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Opinion Number. 1502

Subject

Northern Territory : State Children
sending of state children from northern territory to other states: power of governor-general to make ordinance permitting removal of state children from northern territory to other parts of australia: whether provision ‘in and in relation to the territory’

AuthorGARRAN Robert Randolph | Date
Key Legislation

STATE CHILDREN ACT 1895 (SA) ss 4, 16, 22, 52, 53, 77: CONSTITUTION s 122 : NORTHERN AUSTRALIA ACT 1926 s 59: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910 s 21

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

With reference to your memorandum of the 23rd October, 1930, No. 30/19531 on the above subject, I forward herewith, for consideration and favour of advice, copy of a memorandum and enclosure received from the Deputy Government Resident, North Australia regarding the matter.

The memorandum and enclosure referred to are as follows:

The Secretary, Department of Home Affairs, Canberra

State Children’s Council

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Opinion Number. 1503

Subject

Public Service
defamation of one officer and his daughter by another officer: successful action for slander resulting in award of damages: statements of scandalous and highly offensive nature: whether ‘disgraceful and improper conduct’: competence of disciplinary proceedings

AuthorKNOWLES George Shaw | Date
Key Legislation

Commonwealth Public Service Act 1922 s 55(1)(e)

The Secretary, Public Service Board, has forwarded the following memorandum for advice:

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Opinion Number. 1504

Subject

defence regulations
regulations under defence act: time when regulations come into effect: notification in gazette: ‘thereupon’: effect of provision that regulations come into operation ‘forthwith’: retrospectivity to date of making of regulations by governor-general: retrospectivity to some other date

AuthorKNOWLES George Shaw | Date
Key Legislation

DEFENCE ACT 1903 s 124 : RULES PUBLICATION ACT 1903 ss 3(1), 4 : ACTS INTERPRETATION ACT 1901 s 10

The Secretary, Department of Defence, has forwarded to me for advice the following communication:

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Opinion Number. 1505

Subject

Elections
resignation of senator: method of filling vacancy: disputed election of senator by state houses of parliament: procedure for settlement of issue by court of disputed returns: inappropriateness of advising chief electoral officer

AuthorKNOWLES George Shaw | Date
Key Legislation

SENATE ELECTIONS ACT 1903 s 9(1): Commonwealth Electoral Act 1918 ss 95, 183, 184, 185, 189, 195: CONSTITUTION ss 15, 44

The Chief Electoral Officer has submitted the following memorandum for advice:

Senate casual vacancy – Resignation of Senator Duncan.

Submitted for favor of advice:

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Opinion Number. 1506

Subject

aviation
regulation of intrastate aviation: incomplete referral of power: regulation of intrastate aviation in new south wales in absence of referral of power: application of new south wales legislation to interstate aviation

AuthorKNOWLES George Shaw | Date
Key Legislation

STATE TRANSPORT (CO-ORDINATION) ACT 1931 (NSW) ss 3, 12, 14, 18: AIR NAVIGATION ACT 1920: CONVENTION RELATING TO THE REGULATION OF AERIAL NAVIGATION DONE AT Paris on 13 October 1919: CONSTITUTION s 51(xxxvii): AIR NAVIGATION ACT 1920 (U.K.) (10 &11 Geo. V c. 80)

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

It is noted that the New South Wales State Transport (Co-ordination) Act 1931 (Act No. 32 of 1931) which gives the State Transport Board wide powers to regulate or prohibit motor transport, includes aircraft in the definition of ‘Motor vehicle’.

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Opinion Number. 1507

Subject

Interstate Commission
commonwealth powers with respect to railways: establishment of authority other than Interstate Commission to regulate standards of railways, rates and conditions of carriage and freight: powers of adjudication and administration of matters concerning Interstate trade: effect of failure to appoint members of commission

AuthorKNOWLES George Shaw | Date
Key Legislation

Interstate COMMISSION ACT 1912 Part 5 : CONSTITUTION ss 51(i), (xxxii), xxxiii), xxxiv), 98, 101, 102

The Commissioner, Commonwealth Railways has forwarded to me for advice the following Communication:

As you know, in September 1930 I prepared a comprehensive paper on the Australian Railways position and urged that special action should be taken to check the financial drift. Last year the financial position was still worse and I have in mind again submitting the whole question to the Government.

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Opinion Number. 1508

Subject

claims against the commonwealth
whether alien may maintain suit against commonwealth: whether citizen of United States is entitled to sue Commonwealth in Australian Courts: ‘any person’

AuthorKNOWLES George Shaw | Date
Key Legislation

Judiciary Act 1903 s 56

The Official Secretary to the Commissioner-General for Australia in USA has forwarded the following communication for advice:

I desire to advise you that this office has received the following inquiry from Mr Warren F. Farr of Messrs. Ropes, Gray, Boyden and Perkins, 50 Federal Street, Mass:

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