SALE OF WOOL
SALE OF WOOL: POWER TO ABOLISH PRACTICE KNOWN AS
constitution s 51(i)
The Secretary, Department of Commerce has forwarded the following memorandum for advice:
Representations have been made to the Minister for Commerce that the Commonwealth Government should bring down legislation to abolish a practice obtaining in the wool trade known as ‘a draft allowance’.
AIR FORCE: STATE REGISTRATION OF PETROL TANK
AIR FORCE: PETROL STORAGE TANK AT CANTEEN: WHETHER REQUIRED TO BE REGISTERED UNDER STATE LEGISLATION: WHETHER STATE ACT BINDS CROWN: exclusive power OF COMMONWEALTH to make laws with respect to all places acquired by Commonwealth for public purposes
Inflammable Liquid Act 1915 (nsw) ss 10, 11: Air Force Regulation 16, 30: constitution s 52
The Secretary, Department of Defence has forwarded the following memorandum to me for advice:
Recently an underground petrol storage tank was installed at the canteen at the Royal Australian Air Force Station, Richmond, New South Wales.
Following this the New South Wales Explosives Department advised that the premises would need to be registered under the New South Wales Inflammable Liquid Act.
PREFERENCE TO ONE STATE OVER ANOTHER
EXPORT OF FRESH FRUIT FROM TASMANIA: FALSE TRADE DESCRIPTIONS: PROPOSAL TO REPACK UNDER COMMONWEALTH SUPERVISION FRUIT REJECTED FOR EXPORT: WHETHER AUTHORISED BY LEGISLATION: WHETHER PREFERENCE TO ONE STATE OVER ANOTHER: LEGISLATION OF GENERAL APPLICATION
Commerce (Trade Descriptions) Act 1905 s 13: Commerce (Trade Descriptions) Regulations: constitution s 99: Customs (Prohibited Exports) Regulations
The Secretary, Department of Commerce has forwarded the following memorandum to me for advice:
SUNDAY OBSERVANCE
SUNDAY OBSERVANCE: WHETHER SUNDAY OBSERVANCE ACTS APPLY TO PROHIBIT PLAYING OF FOOTBALL AT DARWIN OVAL ON SUNDAYS
SUNDAY OBSERVANCE ACT 1677 (Engl.) (29 Car. II c. 7): SUNDAY OBSERVANCE ACT 1625 (Engl.) <br>(1 Car. I c. 1): SUNDAY OBSERVANCE ACT 1781 (G.B.) (21 Geo. III c. 49)
The Secretary, Department of the Interior, has forwarded to me for advice a copy of the following memorandum received by him from the Administrator of the Northern Territory:
During the present football season, the Darwin Town Council has permitted football matches to be played on the Darwin Oval on Sundays as well as on Saturdays.
GENEVA CONVENTION
DRAFT UNITED KINGDOM BILL TO GIVE EFFECT TO Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field art 28: POWER OF AUSTRALIA TO PASS LAW GIVING EFFECT TO ARTICLE IN AUSTRALIA AND TERMINATING APPLICATION OF UK LEGISLATION: EXTENSION TO PAPUA
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field done at Geneva on 27 July 1929 [1931] ATS 6 art 28: Geneva Convention Act 1911 (U.K.) (1 & 2 Geo. V c. 20): Commonwealth Statutory Rules 1901
I am in receipt of your memorandum of the 16 April 1936 referring for advice a copy of a draft Bill prepared by the Government of the United Kingdom to enable effect to be given to Article 28 of the Geneva Convention for the amelioration of the condition of the wounded and sick in armies in the field.
Advice is particularly desired as to whether sub-clause (1) of clause 2 of the Bill is in a form agreeable to the Commonwealth Government.
This sub-clause reads as follows:
COPYRIGHT
COPYRIGHT: POWER OF COMMONWEALTH TO ESTABLISH COMPULSORY TRIBUNAL TO DETERMINE DISPUTES ARISING OUT OF USE OF RECORDS FOR BROADCASTING: POWER TO VARY COPYRIGHT ACT 1911(UK) IN ITS APPLICATION TO AUSTRALIA: EFFECT OF BERNE CONVENTION AND ROME CONVENTION
CONSTITUTION s 51(xviii): COPYRIGHT ACT 1912 s 8: COPYRIGHT ACT 1911 (U.K.) (1 & 2 Geo. V c. 46) ss 25-27, 37: INTERNATIONAL CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS [1912] ATS 9 done at Berlin on 13 November 1908 (Berne Convention): International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations and Final Act done at Rome on 26 October 1962 [1992] ATS 29 (Rome Convention) art 11 bis
The Postmaster-General has asked for advice as to whether it would be competent for the Commonwealth to establish a compulsory tribunal to determine disputes arising out of the use of records for broadcasting.
The Royal Commission on Performing Right recommended the establishment of a tribunal to determine disputes arising out of the performance in public of musical works and/or the use of records in public.
Under section 51(xviii) of the Constitution, the Commonwealth has plenary power to legislate with respect to ‘copyrights’.
SHIPPING
SHIPPING: proposal to reserve trade on Tasman Sea to British ships: CONSISTENCY WITH INTERNATIONAL OBLIGATIONS: Anglo-Italian Treaty: Anglo-Peruvian Treaty: RESERVATION: SUSPENSION OF NAVIGATION ACT
Treaty of Commerce and Navigation between United Kingdom and Italy done at Rome on 15 June 1883 [1901] ATS 65 arts 1, 5, 7, 8: Declaration by United Kingdom on Ratification of the Treaty of Friendship, Commerce and Navigation between the United Kingdom and Peru done at London on 15 October 1852 [1901] ATS 83 : NAVIGATION ACT 1912 s 422
I am in receipt of your confidential minute of 13 May 1936, referring a decode of a cablegram from the Minister of Commerce (Mr. Earle Page) in which he asks for the observations of this Department as to the effect of international treaty obligations on the power of the Commonwealth with respect to the proposed reservation of the Tasman Shipping Service.
In connexion with this matter it is necessary to consider whether Australia has any treaty obligations with which any proposal to reserve trade on the Tasman sea to British ships would be at variance.
CUSTOMS
CUSTOMS: WATERS BEYOND ORDINARY LIMITS OF TERRITORY: CHASE OF FOREIGN VESSEL: OPERATION OF CUSTOMS ACT: DISCONTINUANCE OF CHASE AT THREE MILE LIMIT
CUSTOMS ACT 1901 s 184
The Comptroller-General of Customs has forwarded the following memorandum for advice:
A memorandum in the following terms has been received from the Collector, Queensland:
Section 184 of the Customs Act provides that if a vessel refuses to bring to when properly hailed by the officer in charge of a Customs boat, the said officer may chase the ship and fire at or into her.
COPYRIGHT
whether imperial copyright act as adopted could be amended by varying restriction on power of amendment: power of Commonwealth to establish compulsory tribunal to determine disputes arising out of broadcasting musical works
Copyright Act 1911 (U.K.) (1 & 2 Geo. V c. 46) s 25: Copyright Act 1912 s 8
Arising out of my opinion dated 24th April, 1936, as to the power of the Commonwealth to establish a compulsory tribunal, the Postmaster-General has asked for advice as to whether it would be competent for the Commonwealth to amend the British Copyright Act, as adopted by section 8 of the Copyright Act 1912
regulation of therapeutic substances
Power of Commonwealth to regulate and control importation, exportation, manufacture, distribution and sale of therapeutic substances: products subject of interstate or foreign trade: power to regulate or control manufacture in a State: emergency powers: repository of power to prescribe standards
Constitution s 92
I refer to you memorandum (362/30) dated the 15th May, 1936, forwarding copies of draft Therapeutic Substances (Biological) Bill and requesting advice as to whether it is in a form for presentation to Parliament.(1)
I assume that the reference to form includes not only a reference to the arrangement of the clauses and their drafting, but also a reference to the substance of the draft measure. For present purposes it is sufficient to deal with the draft bill from the point of view of the constitutionality of the proposed provisions.