Legal Opinions

Opinion Number. 1539

Subject

national debt sinking fund
national debt sinking fund: power of national debt Commission to use sinking fund contributions made in respect of debts of one State for redemption of public debts of another State or of loans raised by Commonwealth for and on behalf of that other State: temporary investment power

AuthorKNOWLES George Shaw | Date
Key Legislation

National Debt Sinking Fund Act 1923 ss 17, 18(5): 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 III cl 3 paras (o), (p)

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

A cablegram has been received from the Right Hon. S. M. Bruce, dated 15th June, dealing with the application of sinking fund moneys in the purchase of securities on the London market.

Opinion Number. 1540

Subject

PATENTS
Patents: lodgement of specification: expiration of time limited for extension of time: meaning of ‘month’: calendar month: calculation of month from event exclusive of day of event

AuthorKNOWLES George Shaw | Date
Key Legislation

Patents Act 1901 ss 30, 38: Patents Regulations 1912: Acts Interpretation Act 1901 ss 26(b), 36(1))

The Commissioner of Patents has forwarded to me for advice the following memorandum:

I desire to inform you that the official interpretation of the method followed by this office in calculating the one month’s extension of time allowable under section 38 of the Patents Act has been questioned. The following particulars of an application will explain the position.

Opinion Number. 1541

Subject

northern territory
northern territory: wages of half-caste aboriginal apprentices: effect of declaration of common rule by Commonwealth court of Conciliation and Arbitration

AuthorKNOWLES George Shaw | Date
Key Legislation

Aboriginals Ordinance 1918 (NT): Commonwealth Conciliation and Arbitration Act 1904

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

Cabinet recently decided that the wages to be paid to half-caste apprentices under the Apprentices (Half-castes) Regulations of the Northern Territory should be 10/- per week. Formerly, these apprentices were paid similar rates of wages to those payable to white youths under the Award of the Commonwealth Court of Conciliation and Arbitration in respect of the cattle station industry in the Northern Territory.

Opinion Number. 1542

Subject

north west australia
proposal to constitute company by royal charter to develop and administer north-west australia: chartered companies: powers of commonwealth and states: territories: application of constitutional limitations: application of commonwealth, state and territory laws to chartered company: taxation

AuthorLATHAM John Greig | Date
Key Legislation

Foreign Jurisdiction Act 1843 (U.K.) (6 &7 Vict. c. 94): Foreign Jurisdiction Act 1875 (U.K.) (38 & 39 Vict. c. 85): Foreign Jurisdiction Act 1878 (U.K.) (41 & 42 Vict. c. 67): Foreign Jurisdiction Act 1890 (U.K.) (53 & 54 Vict. c. 37): Foreign Jurisdiction Act 1913 (U.K.) (3 & 4 Geo. V c. 16): Constitution ss 51(ii), 53, 55, 88,92, 96, 99, 116, 122: Northern Territory (Administration) Act 1910 s 10: Income Tax Assessment Act 1922 s 5A

  1. A proposal is under consideration having for its object the development of an area situated in the north-west of Western Australia and including the whole or a part of the Northern Territory.
  2. The proposal involves the constitution by Royal Charter of a company with rights to develop and administer the territory assigned to it.
  3. Companies have in the past been created by Royal Charter with power to trade with, exploit, and govern remote or unsettled countries. See Encyclopaedia Britannica–article on Chartered Companies.

Opinion Number. 1543

Subject

MIGRANT SETTLER SCHEME
MIGRANT SETTLER SCHEME: AGREEMENTS BETWEEN COMMONWEALTH, VICTORIA AND UNITED KINGDOM: LIABILITY OF COMMONWEALTH: LIABILITY TO VICTORIA AND UNITED KINGDOM: LIABILITY TO INDIVIDUAL SETTLERS: LIABILITY FOR REPRESENTATIONS OF AGENT OF VICTORIA: EFFECT OF ABSENCE OF STATUTORY AUTHORITY FOR MAKING OF AGREEMENTS

AuthorKNOWLES George Shaw | Date
Key Legislation

IMMIGRATION LOAN ACT 1922 s 3

On the 7th April, 1933, you referred to me for advice as to the responsibility, if any, of the Commonwealth Government:

Opinion Number. 1544

Subject

nationality
nationality: revocation: certificate obtained by false representation or fraud or concealment of material circumstances: failure to disclose deportation from new zealand

AuthorKNOWLES George Shaw | Date
Key Legislation

Nationality Act 1920 s 12(1)

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

The abovenamed is a native of Germany who arrived in Australia on the 20th August, 1926, and was granted a certificate of naturalisation on the 12th December, 1932. In connection with his application for naturalisation a satisfactory report as to his character was furnished by the Investigation Branch at Sydney, and the persons who furnished the three certificates of character required with such applications, were also reported to be of good repute.

Opinion Number. 1545

Subject

papua
application of insurance acts to papua: application to ‘Territories of the Commonwealth’: test to ascertain whether a territory is ‘a territory of the Commonwealth’: mandated territories

AuthorKNOWLES George Shaw | Date
Key Legislation

Insurance Acts 1932 s 4: Constitution s 122: Papua Act 1905 Preamble, ss 5, 7: Acts Interpretation Act 1901 s 17

The Assistant Secretary, Department of the Treasury has submitted the following memorandum to me for advice:

Opinion Number. 1546

Subject

bankruptcy
bankruptcy: deeds of arrangement: constitutionality of bankruptcy act 1924 parts xi and xii: history of bankruptcy law: Power of commonwealth to make laws with respect to insolvency

AuthorLATHAM John Greig | Date
Key Legislation

Bankruptcy Act 1924 Parts XI, XII: Constitution s 51(xvii)

At the Premiers’ Conference held in June 1933 the Assistant Treasurer, New South Wales, suggested that ‘as a separate Commonwealth Deeds of Arrangement Act would not be constitutional, the Federal Government might consider the repeal of Parts XI and XII and allow the States exclusively to legislate for deeds of agreement’.

In his letter to the Attorney-General dated 3rd July 1933, the Assistant Treasurer summarises his view as follows:

Opinion Number. 1547

Subject

aliens
right of aliens to succeed to real property in australia including territories: right of aliens to hold real property in australia including territories

AuthorKNOWLES George Shaw | Date
Key Legislation

Aliens Ordinance 1911 (Papua) s 3: British Nationality and Status of Aliens Act 1914 (U.K.) (4 & 5 Geo. V c. 17) Part III, s 17: Laws Repeal and Adopting Ordinance 1921 (NG) ss 14, 16: Australian Courts Act 1828 (U.K.) (9 Geo. IV c. 83) s 24: Aliens Act 1867(Qld) s 4: Transfer of Land Control Ordinance 1924 (NG): Succession and Wills Law 1913 (NI): Naturalization and Denization Act 1898 (NSW): Laws Repeal and Adopting Ordinance 1922 (Nauru)

The French High Commission in Syria has recently enacted a decree providing that the right of succession to real property, through intestacy or testamentary disposition only accrues to a foreigner if his national law permits such rights of succession to Syrians or Lebanese and the Dominions Office has requested to be supplied with information so that His Majesty”s Consul-General at Beirut may be in a position to reply to any questions regarding the rights of aliens to succeed to real property in Australia.

Opinion Number. 1548

Subject

territory for the seat of government
territory for the seat of government: proposal to establish cemetery Trust: finance: establishment of cemetery fund: establishment of trust account

AuthorKNOWLES George Shaw | Date
Key Legislation

Solar Observatory Fund Act 1930: Forestry Bureau Act 1930: Audit Act 1901 ss 62A, 62B: Constitution s 81: Cemeteries Ordinance 1933 (ACT) ss 20, 21

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

The Secretary, Department of the Interior, has advised that it is proposed to bring into force in the Territory for the Seat of Government at an early date an Ordinance providing for the dedication and management of Cemeteries and has referred for consideration and concurrence the attached copy of the clauses which relate to the proposed financial arrangements connected with the Cemetery Trust.