conversion of pre-federation state securities
securities issued by nsw and victoria prior to federation: commonwealth compulsory adoption and conversion of debts of states : effect of state legislation: referral of power
CONSTITUTION covering cl 4, s 105A: COMMONWEALTH DEBT CONVERSION ACT 1931: COMMONWEALTH DEBT CONVERSION ACT (No.2) 1931
The Secretary to the Treasury has forwarded the following memorandum for advice:
The Hon. A., his wife B., and Captain C., were the holders, at the time of the passing of the above Act, of certain 3 interminable Inscribed Stock issued by the States of Victoria and New South Wales.
The solicitors for the persons named have taken objection to the conversion of this Stock on the ground that the Stock was issued long before Federation, and have threatened litigation in the matter.
state regulation of military transport activities
state regulation of transport: exemption of members of military forces: exemption from obtaining licence or permission: exemption of private individuals carrying out contracts with Defence Department : exemption from state taxation in respect of work for commonwealth
AUSTRALIAN MILITARY REGULATIONS reg 201
The Secretary, Department of Defence, has forwarded the following memorandum for advice:
I am forwarding herewith, by direction of the Minister, copy of Military Board Agenda regarding proposed amendment to Australian Military Regulation 201 to provide for the exemption of the Australian Military Force from the provisions of the State Transport
(Co-ordination) Act 1931 (NSW).It is requested that an Opinion may be given as to whether the proposed amendment is constitutional and, if so, whether the amendment as drafted will be effective.
reduction of salaries: financial emergency
financial emergency: reductions in salary: power of committee to revisit its decisions: power to make further recommendation: whether another authority may further reduce salary reduced by determination of minister: validity of further direction of minister that salaries should not be reduced below a certain amount
FINANCIAL EMERGENCY ACT 1931 Part 11, ss 13, 12, 17: ACTS INTERPRETATION ACT 1901 s 33
The Secretary of the Public Service Board of Commissioners has forwarded me the following memorandum for advice:
In connection with the administration of the Financial Emergency Act advice is desired upon the following:
preference to state or part thereof
exclusion of most of tasmania and part of western australia from operation of coastal shipping provisions of navigation act: whether preference to state or part thereof
Navigation Act 1912: INTERNATIONAL LOAD LINE CONVENTION done in London on 5 July 1930 Annex II: constitution s 99
The Secretary of the Marine Branch of the Department of Commerce has asked for advice on the question whether the coasting trade provisions of the Navigation Act may by legislation be limited in their operation to such parts of Australia as fall outside the seasonal winter zone as defined in the International Convention respecting the load lines drawn at London on the 5th day of July, 1930.
Regulation of Banana Trade
powers of commonwealth and states respectively to establish and enforce grades of bananas: interstate trade: intrastate trade: state quarantine powers in relation to interstate trade: state powers in relation to resale within state of fruit subject of interstate trade
Diseases in Plants Act 1929 (qld)
The Secretary, Department of Markets, has forwarded the following memorandum for advice:
Commonwealth Liability for Wharfage Dues, Harbour Dues and Other Port Charges
commonwealth liability for state wharfage dues on goods imported by Commonwealth: charge for service: commonwealth liability for state harbour dues: whether tax on commonwealth property: status of garden island
CONSTITUTION s 114: SYDNEY HARBOUR TRUST (WHARFAGE AND HARBOUR RATES) ACT 1914 ss 3, 5: SYDNEY HARBOUR WHARFAGE AND TONNAGE RATES (AMENDMENT) ACT 1920 ss 3, 4: SYDNEY HARBOUR RATES ACT 1904 ss 3, 4: SYDNEY HARBOUR TRUST ACT 1900 (NSW) s 27, Schedule 2: DEFENCE ACT 1903 s 70
The Secretary, Prime Minister’s Department, has forwarded the following memorandum for advice:
The attached copy of a letter No. B.1288 of the 27th January received from the Premier of New South Wales is referred in connection with Opinion No. 142 of the 23rd October, 1930,(1) concerning Harbour dues on goods imported by the Commonwealth.
Regulation of Flags
commonwealth regulation of flags to be flown by vessels: extent of navigation and shipping power: trade and commerce power: application to vessels not engaged in trade or commerce: naval and military power
NAVIGATION ACT 1912 ss 2, 406: CONSTITUTION s 51(vi)
The following communication has been forwarded to me for advice:
Manufacture By Commonwealth of Spare Parts For Aeroplanes
cockatoo island dockyard: manufacture for private concern of spare parts for aeroplanes: power of Commonwealth to set up manufacturing or engineering business for general commercial purposes: action against commonwealth to complain of transgression: action by attorney-general on relation of complainant
Commonwealth Shipping Act 1923 s 14
The Assistant Secretary to the Prime Minister’s Department has forwarded the following memorandum for advice:
I attach hereto copies of letters from the General Manager, De Havilland Air Craft Pty Ltd., and the Manager, Cockatoo Island Dockyard, dated 30th April and 24th May respectively, and am directed by the Assistant Minister to ask that you will kindly advise in regard to the legal aspect of the manufacture at the Dockyard, for a private concern, of spare parts for aeroplanes.
Interstate Trade and Commerce
freedom of interstate trade and commerce: acquisition of produce by state: Exercise of executive power for purpose of restricting interstate commerce: application of constitutional prohibition to executive action: privy council decision in james v cowan (1932) 47 clr 386
dried fruits act 1924 (SA): CONSTITUTION s 92
I have considered the decision of the Privy Council in the case of James v. Cowan(1) arising under the Dried Fruits Act of the State of South Australia.
In that case the Minister purported to acquire compulsorily certain dried fruits, the section under which he acted making his power expressly subject to section 92 of the Constitution.
public service: disgraceful or improper conduct
commonwealth public service: ‘disgraceful or improper conduct’: imprisonment for failure to comply with maintenance order: whether imprisonment disgraceful or improper: whether failure to comply with maintenance order disgraceful or improper
Commonwealth Public service act 1922 s 55(1): COMMONWEALTH PUBLIC SERVICE ACT 1902 s 46
The Secretary, Public Service Board has forwarded the following memorandum for advice: