INTERSTATE TRANSPORT
CONTROL OF INTERSTATE ROAD TRANSPORT BY STATE TRANSPORT BOARDS ACTING UNDER POWERS VESTED IN THEM BY COMMONWEALTH LEGISLATION
The Secretary to the Department of the Interior has forwarded the following memorandum for advice:
It is desired to supplement the information contained in my memorandum, No. 32/9457, of 17th October, 1932, with the following further particulars which I would appreciate your reading in conjunction with the communication.
WHALING
ENFORCEMENT OF GENEVA CONVENTION FOR THE REGULATION OF WHALING: EXTRA-TERRITORIAL LEGISLATION: EXTENT OF ‘AUSTRALIAN WATERS’ BEYOND TERRITORIAL LIMITS: REFERRAL OF POWERS
CONVENTION FOR THE REGULATION OF WHALING done at Geneva on 24 September 1931 arts 1, 2, 4, 5, 6, 7, 8, 9: CONSTITUTION s 51(x), (xxxvii)
The Secretary, Prime Minister’s Department, has forwarded to me for advice the following memorandum:
quarantine
Quarantine: customs: power of commonwealth to prescribe conditions prohibiting export of stock with view to preVenting spread of disease from Australia
Quarantine Act 1908 ss 4, 87(m): Customs Act 1901 s 112
The Director-General of Health has submitted the following memorandum for advice:
The question has arisen as to whether authority exists under the Quarantine Act to prescribe conditions controlling the export of live stock from Australia with the object of preventing the distribution of disease from Australia.
Acquisition of property
acquisition by Commonwealth of additional shares in Amalgamated Wireless (Australasia) Limited: compulsory acquisition: acquisition on just terms: corporations power
Constitution ss 51(xx), (xxxi)
I am in receipt of your letter of 21st March relative to the question of the acquisition by the Commonwealth of additional shares in Amalgamated Wireless (Australasia) Limited.
In reply, I desire to say that clause 21 of the Agreement, set out in your letter, does not empower the Commonwealth to acquire the shares in question. It merely preserves any right which the Commonwealth may otherwise have to acquire the shares.
Under the Constitution the Commonwealth may acquire by agreement any property which it requires for any public purpose.
Appropriations
Appropriations: treatment of salaries and allowances: consideration by parliament of appropriation for purposes already covered by special appropriation: whether repeal of special appropriation: effect of reduction of salaries in financial emergency
Financial Emergency Act 1931
The Secretary to the Treasury has forwarded the following memorandum for advice:
inspection fees
fees levied by state for executing inspection fees of state: net produce of charges relating to import and export to be for use of commonwealth: calculation of net produce
Constitution s 112: Potato Diseases Act 1909 (Tas): Potato Diseases Regulations 1909 (Tas) regs 8, 9: Potato Diseases Regulations 1911(Tas) regs 17
The Secretary, Department of the Treasury, has referred to me for advice the following communication received from the Secretary and Chief Inspector of the Audit Office:
The Auditor-General desires that the enclosed letter from Mr. A. of Cooee, Tasmania, respecting the disposal of amounts collected by the State of Tasmania as fees for the inspection of potatoes, be referred for your consideration.
It will be seen that Mr. A. suggests that, under section 112 of the Constitution, the Commonwealth is entitled to the net produce of the charges levelled. (sic)
Migrant land settlement
Migrant settlement agreements: enforceability against commonwealth: liability for misrepresentations: responsibility for acts of agent of Victorian government: liability for representations of Commonwealth DirectOR of Migration: prospects of success of proceedings by individual migrants
I am in receipt of your memorandum of the 7th April, 1933, forwarding for advice as to the responsibilities, if any, of the Commonwealth Government:
lease of cockatoo island dockyard
lease of cockatoo island dockyard by australian commonwealth shipping board and commonwealth: power of board to ‘dispose’of property: whether lease requires ratification by parliament: obligationS of commonwealth under lease: requirement for appropriation
COMMONWEALTH SHIPPING ACT 1923 ss 10, 14(1): CONSTITUTION s 83
The Secretary, Prime Minister’s Department, has forwarded for my perusal a copy of the Agreement in respect of the leasing of Cockatoo Island Dockyard and has requested my advice on the question whether legislation by the Commonwealth Parliament is necessary in respect of the lease.
Australian broadcasting commission
financial emergency act: application to salaries of staff of australian broadcasting commission: effect of creation of commission after reference date fixed for reduction of salaries: statutory construction: subsequent specific provisons prevailing over general provisions
Financial Emergency Act 1931 ss 10, 11, 15(3), 17(1), 18, 18A: Australian Broadcasting Commission Act 1932 ss 8, 15
The Assistant Secretary, Department of the Treasury has forwarded the following memorandum to me for advice:
Attached hereto is a copy of a minute received from the Secretary and Chief Inspector, Commonwealth Audit Office, through the Prime Minister’s Department in which the question is raised as to the application of the Financial Emergency Act 1932 to the salaries of the staff of the Australian Broadcasting Commission.
Appropriations
Appropriations: proposal to include in estimates amounts which are subject of special appropriation: salaries of Governor-General and Judges of Federal Courts: purpose of estimates
I refer to your minute of 12th April, 1933 requesting advice on the proposal to include in the estimates the amounts which are the subject of special appropriation.