The Secretary, Department of the Interior, has forwarded to me for advice the following communication:
Legal Opinions
Opinion Number. 1559
Subject
| Date
nationality
nationality: revocation of certificate of naturalization: disaffection or disloyalty to his majesty: member of communist party: whether doctrine of communism compatible with monarchy
Key Legislation
Nationality Act 1920 s 12(1)
Opinion Number. 1560
Subject
| Date
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
Key Legislation
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
Subject
| Date
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
Key Legislation
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
Subject
| Date
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
Key Legislation
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
Subject
| Date
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’
Key Legislation
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
Subject
| Date
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
Key Legislation
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
Subject
| Date
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
Key Legislation
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
Subject
| Date
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
Key Legislation
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
Subject
| Date
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
Key Legislation
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:
Mrs. C.,
XX W … Street,
Perth.
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
Subject
| Date
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
Key Legislation
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.