The Secretary, Department of the Interior, has forwarded to me for advice the following communication:
Opinion Number. 1559
nationality nationality: revocation of certificate of naturalization: disaffection or disloyalty to his majesty: member of communist party: whether doctrine of communism compatible with monarchy
Nationality Act 1920 s 12(1)
Opinion Number. 1560
preference : discrimination deeming of certain ships carrying passengers between ports not connected by railway not to be engaged in coasting trade: whether unconstitutional preference or discrimination: whether discrimination based upon States or parts of States
Navigation Act 1912 ss 7, 286(6): constitution ss 51(i), (ii), 98, 99, 117
It is proposed to amend the Navigation Act by inserting after the first proviso in section 7, the following new proviso:
Opinion Number. 1561
elections: disqualification from candidature or sitting federal elections: disqualification from being chosen or sitting: medical officer for repatriation commission receiving fee for individual services: whether holder of office of profit under the crown: whether direct or indirect pecuniary interest in agreement with Public Service of Commonwealth
constitution s 44(iv), (v): Australian Soldiers’ Repatriation Act 1920 s 21(1)
The Chief Electoral Officer has forwarded the following memorandum to me for advice:
Forwarded for the favour of advice as to whether Dr. Davies’ occupancy of the position of Medical Officer for the Repatriation Commission may be regarded as constituting a disqualification under the provisions of section 44(iv) and section 44(v) of the Constitution Act.
Dr. Davies receives no salary or retainer, but is paid a fee for each individual medical examination on returned soldiers for complaints due to war service.
Opinion Number. 1562
aboriginal trust funds ABORIGINAL TRUST FUNDS: NORTHERN TERRITORY: moneys received by Protectors of Aboriginals on behalf of Northern Territory aboriginals: CLOURE OF ‘Aboriginal Trust Fund’ and openING OF another Fund to be known as Aboriginal Medical Benefit Fund
Aboriginals Ordinance (NT) 1918
The Secretary, Department of the Interior has forwarded to me for advice the following memorandum:
Prior to the 1st June, 1933, it was the practice to pay into the Aboriginal Trust Fund all moneys received by Protectors of Aboriginals on behalf of Northern Territory aboriginals. The aboriginals could, with the approval of the Protector, draw against their credits in the Fund.
Opinion Number. 1563
POST AND TELEGRAPH POST AND TELEGRAPH: POWER TO REFUSE TO TRANSMIT OR DELIVER ‘INDECENT OR OBSCENE’ MATTER: ADVERTISEMENT RELATING TO PRACTICES DESIGNED TO PREVENT PREGNANCY: ADVERTISEMENT RELATING TO TREATMENT FOR ‘PREMATURE FAILURE OF THE SEXUAL POWERS’
Post and Telegraph Act 1901 ss 3, 44
The Secretary, Postmaster-General’s Department has forwarded to me the following memorandum for advice:
Opinion Number. 1564
CURRENCY: AUSTRALIAN POUND CURRENCY: AUSTRALIAN POUND: LEGAL TENDER: SUGGESTION THAT THERE BE AN AUSTRALIAN UNIT OF ACCOUNT DIFFERENT FROM THE POUND STERLING: SUGGESTION THAT DEBTS ORIGINATING IN AUSTRALIA BE ENTERED INTO AND DISCHARGEABLE IN AUSTRALIAN POUNDS
COINAGE ACT 1870 (U.K.) (33 & 34 Vict. c. 10) s 6: COINAGE ACT 1909 s 7: BANK OF ENGLAND ACT 1833 (U.K.) (3 & 5 Will. IV c. 98): AUSTRALIAN NOTES ACT 1910: COMMONWEALTH BANK ACT 1920: GOLD STANDARD ACT 1925 (U.K.) (15 & 16 Geo. V c. 29): COMMONWEALTH BANK ACT 1929: GOLD STANDARD (AMENDMENT) ACT 1931 (U.K.) (21 & 22 Geo. V c. 46): COMMONWEALTH BANK ACT 1932
Mr. R.L. Piesse, the author of an article entitled ‘What is the Australian £?’ published in the Victorian Law Institute Journal for July 1934,(1) has suggested to the Assistant Treasurer the following amendments of the law:
Opinion Number. 1565
preparation and sale of biological products biological products: power of the Commonwealth to control or regulate manufacture, sale, AND distribution: interstate or foreign trade: IMPORTED GOODS: QUARANTINE POWER: GOODS PRODUCED FOR USE IN AUSTRALIA: GOODS PRODUCED FOR EXPORT: trade and commerce power
constitution s 51(i), (ix)
I am in receipt of your memorandum of 1 August 1934, forwarding for advice, a memorandum dealing with the legal and administrative control of the preparation and sale of biological products.
The question to be first considered is the power of the Commonwealth to control or regulate the manufacture, sale, distribution and use of such products.
Opinion Number. 1566
Passports PASSPORTS: NATURE OF A PASSPORT: ISSUE OF PASSPORTS: AUTHORITY OF MINISTER TO WITHHOLD PASSPORT: EXERCISE OF DISCRETION: grounds for declining to ask the assistance of another Government in connexion with the journey contemplated
Passports Act 1920 ss 2, 3(1), 4, 6, 10
The Secretary, Department of the Interior has forwarded the following memorandum for advice:
The Collector of Customs, Fremantle, reports that the Minister’s authority to withhold a passport has been challenged recently in two instances by persons who wished to leave Australia before the usual enquiries had been completed and who threatened legal proceedings to test the Minister’s authority.
Sub-section 1 of section 3 of the Passports Act 1920 reads —
Opinion Number. 1567
EXCISE EXCISE: NON-EXCISABLE BEVERAGES: LOW-ALCOHOL CONTENT BEVERAGES: POWER TO ENACT LAWS PREVENTING PERSONS WHO MANUFACTURE IN AUSTRALIA NON-EXCISABLE PRODUCTS FROM DESCRIBING SUCH PRODUCTS AS ‘ALE’, ‘BEER’ AND ‘STOUT’: WHETHER INCIDENTAL TO IMPOSITION OF DUTIES OF EXCISE
Customs Act 1901 : Post and Telegraph Act 1901 ss 40, 41, 52
I refer to your memorandum, No. G. 34/4992, dated 18 June 1934, forwarding copy of the newspaper Industrial Worker which was received by post from Chicago and addressed:
XX W … Street,
The newspaper is published outside Australia, and bears the imprint ‘Official Organ of the Industrial Workers of the World.’
On p. 1 of the publication there is an appeal to workers to spread the ‘Special May Day Issue’ among workers, and to ‘fan the flames of revolt till they burn high and far’.
Opinion Number. 1568
CROWN SUITS CROWN SUITS: suits by or against the Crown in right of the Commonwealth : JURISDICTION: right to discovery and interrogatories: claim to privilege on account of public interest or public policy: APPLICATION OF STATUTE OF LIMITATIONS
Judiciary Act 1903 ss 56, 61, 63, 64, 65, 66, 67: Crown Suits Act 1908 (nz): Crown Suits Amendment Act 1910 (nz) ss 3, 4
I am in receipt of your letter dated 25 August 1934 relating to the abovementioned subject, and am pleased to give you the following information.
Suits by or against the Crown in Australia may be either suits by or against the Crown in right of the Commonwealth or by or against the Crown in right of the States. The information in this letter is confined to suits of the former class; information relating to suits of the latter class may be obtained from the Attorneys-General of the various States.