Legal Opinions

I refer to your memorandum 362/30, dated 13 September 1934, relative to the legal and administrative control of the preparation and sale of Biological Products. I note that the principles enumerated in my memorandum of 10 September 1934,⁽¹⁾ have caused you grave concern. I suggest, however, that fuller consideration of the contents of my memorandum will tend to allay those fears and to dissipate the view that the existence of those principles necessitates a drastic revision of the provisions of the Quarantine Act.

The Secretary, Postmaster-General’s Department, has forwarded me the following memorandum asking me to reconsider my opinion No. 103 of 1934.

The opinion conveyed in your memorandum of 20 July, No. 103/1934,⁽¹⁾ indicates that the Commonwealth at the moment possesses no right of control over the establishment and operation of any service associated with television and still-picture transmission activities, conducted by private enterprise within the Commonwealth or between the latter and other countries.

The Secretary, Postmaster-General’s Department, has forwarded for my advice the following memorandum:

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

Attached is copy of a letter received from the Premier of Tasmania, under date of 5th October, 1934, in regard to the method of allocation of the grant to that State under the Financial Relief Act 1934–Part VII, Assistance to Fruit Growers.

Section 81 of the Commonwealth Constitution provides that ‘all revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution’.

In 1926 an agreement was made between the Commonwealth and the State of South Australia for the construction by the Commonwealth, at its own expense, of a railway of 4' 8¹⁄₂" gauge from Port Augusta to Red Hill.

I am asked to advise whether there is power under the Commonwealth and State Constitutions to provide by means of legislation by both the Commonwealth and the States for the establishment of a compulsory pool or compulsory pools for the handling and marketing of wheat produced in Australia. Two particular methods of achieving the desired object are suggested in my instructions, and I am asked to consider the constitutionality and practicability of these.

Mr. Fullagar’s attention was drawn to the provisions of section 51 paragraphs (i), (xxxi) and (xxxix) of the Constitution which provide that:

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to:

(i) trade and commerce with other countries and among the States:

(xxxi) the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws:

We have been asked to advise as to the power of the Commonwealth to legislate for a compulsory pool in respect of wheat produced in Australia. The first question is framed in general terms and asks whether there is power in the Commonwealth and State Constitutions to provide, by legislation by the Commonwealth and the States, for the establishment of a compulsory pool or compulsory pools for the handling and marketing of wheat produced in Australia.

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

I desire to inform you that at a conference of banana interests held at South Grafton on the 21st January last the subject of interstate marketing of bananas was discussed. The conference was convened by my Minister (Dr Earle Page), and attended by the Ministers of Agriculture, New South Wales and Queensland, as well as representatives of banana growers’ organizations.