I have been asked to advise as to the steps which may be taken in relation to the article headed ‘Salary Grab came as thief in the night’, appearing in The Sunday Sun and Guardian newspaper of 22nd October, 1933.
Legal Opinions
Opinion Number. 1549
Subject
| Date
parliament
parliament: privilege: contempt: powers of parliament: punishment: newspaper article: identification of printer and publisher
Key Legislation
Constitution ss 49, 50: House of Representatives Standing Order 285
Opinion Number. 1550
Subject
| Date
customs
blasphemous, indecent or obscene works or articles: bibles contained in cartons which also contain serpents: ‘blasphemy’
Key Legislation
Customs Act 1901 s 52(c)
Section 52(c) of the Customs Act 1901–1930 refers to blasphemous, indecent or obscene works or articles. It is clear that the section is not limited to books and similar articles.
It is blasphemy to publish profane words ridiculing the Bible with intent to shock or insult believers. (Encyclopedia of the Laws of England Vol. II page 292).
These articles, in my opinion, are articles of the same character as publications of words of the nature mentioned.
Opinion Number. 1551
Subject
| Date
parliamentary representation
constitution of house of representatives: method of determining number of members representing states: criteria
Key Legislation
Constitution ss 24, 27: Representation Act 1905 ss 6, 10
The following memorandum, asking for my advice, has been forwarded by the Chief Electoral Officer of the Commonwealth by direction of the Minister for the Interior:
I am directed to submit for favour of advice of the Rt. Hon. the Attorney-General, the question of whether Parliament has power, in view of the provisions of sections 24 and 27 of the Constitution, to amend section 10 of the Representation Act 1905, to provide—
Opinion Number. 1552
Subject
| Date
telegrams
VERIFICATION OF SIGNATURES TO INTERNATIONAL TELEGRAMS: appointment and functions of notaries public: affixing of seal: proof of appointment
Key Legislation
International Telecommunication Convention of Madrid 1932 Telegraph Regulations Article 17: Ecclesiastical Licences Act 1533 (Engl.) (25 Hen. VIII c. 21) s 2: Public Notaries Act 1859 (SA) s 2: Public Notaries Act 1902 (WA)
The Secretary, Postmaster-General’s Department, has submitted the following memorandum to me for advice:
Article 7 of the Telegraph Regulations annexed to the International Telecommunication Convention of Madrid provides that:
Opinion Number. 1553
Subject
| Date
tax on citrus fruit
power of commonwealth to tax citrus fruit to create fund to compensate owners of land unsuitable for production: power to prohibit use of unsuitable land for planting or growing of fruit: financial assistance to State for purpose of providing relief or compensation to fruit growers affected
Key Legislation
Sales Tax Act (No. 1) 1930: Sales Tax Assessment Act (No. 1) 1930: Constitution s 81
The Secretary, Department of Commerce, has submitted the following to me for advice:
The Commonwealth Citrus Investigation Committee, with which this Department is co-operating in connection with an investigation into the production and marketing of citrus fruits, has referred the following question for advice:
Opinion Number. 1554
Subject
| Date
elections
distribution of state into divisions: exercise of functions by distribution commissioners: criteria: procedure: whether bound to hear, or consider any suggestions made by, members of House of representatives
Key Legislation
Commonwealth Electoral Act 1918 Part III, ss 16, 19, 20, 21
I have been asked by the Minister for the Interior to advise upon the questions raised by the following letter:
Questions have arisen with regard to the principles which should control the action of Distribution Commissioners in performing their functions under Part III of the Commonwealth Electoral Act. The points upon which I would be glad to receive your advice are—
Opinion Number. 1555
Subject
| Date
inspection fees
validity of new south wales fees for inspection of meat brought into metropolitan abattoir: freedom of interstate trade: inspection fees
Key Legislation
Meat Industry Act 1915 (NSW) s 22(1): Meat Industry Regulations/By-laws (NSW) reg 38: Constitution ss 92, 112
The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice:
It has been brought under the notice of this Department that the New South Wales Metropolitan Meat Industry Board has increased the scale of inspection fees on meat forwarded or brought into Metropolitan Abattoir area as from 1/11/33.
It is understood that prior to 1/11/33 the fees actually charged by the Board were less than the full rates permitted by the Board’s by-laws and that the increased scale of charges represent the full rates which the Board may charge.
Opinion Number. 1556
Subject
| Date
territorial waters
japanese sampans in territorial waters: regulation of fisheries: responsibility of Commonwealth or States concerned to police fishing grounds adjacent to coast: territorial limits: territorial waters
Key Legislation
Constitution s 51(x): Customs Act 1901 (Can) s 151: Pearl-shell and Beche-de-mer Fishery Act 1881 (Qld): Fisheries Act 1905 (WA): Pearling Act 1912 (WA): Fisheries Ordinance 1922 (NG): Pearling Ordinance 1930 (NT): Fisheries Ordinance 1911 (NT): Customs Act 1901 ss 58, 59: Quarantine Act 1908 s 20
The Comptroller-General of Customs has forwarded the following minute dated 24/4/34 to me for advice:
Opinion Number. 1557
Subject
| Date
navigation
navigation: whether a woman may be admitted to examination for certificate of competency as officer: statutory interpretation: words importing masculine to be read as words including feminine
Key Legislation
Navigation Act 1912 ss 15, 16, 17, 18: Acts Interpretation Act 1901 s 23
The Secretary, Marine Branch, has forwarded the following memorandum to me for advice:
Section 15 of the Navigation Act 1912–1926 provides that certificates of competency ‘shall be granted in accordance with this Act’ for each of a number of specified grades of ship’s officers.
Section 18 further provides, in sub-section (1):
Opinion Number. 1558
Subject
| Date
photography of warships
PHOTOGRAPHING OF HIS MAJESTY’S AUSTRALIAN SHIPS: whether crime: requirement for purpose prejudicial to safety or interests of Commonwealth or some part of King’s Dominions: onus of proof
Key Legislation
Defence Act 1903 s 82: Naval Defence Act 1910 ss 41, 45: Crimes Act 1914 Part VII, ss 77, 78, 79, 80: Official Secrets Act 1911 (U.K.) (1 & 2 Geo. V c. 28)
The Secretary, Department of Defence, has asked for my advice upon the questions set out in the following memorandum: