Legal Opinions

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regulation of primary products
Dried fruits: validity of proposed scheme to control local prices of primary products: Freedom of interstate trade: use of excise and bounty powers: discrimination between states
W. K. Fullagar
06 August 1936
Constitution ss 51(ii), 55, 90, 92, 99: Excise Tariff Act 1906

The effect of the decisions of the Privy Council in James v. Cowan(1) and James v. Commonwealth(2) on the existing system of legislative and administrative co-operation between the Commonwealth and th...

regulation of primary products
validity of SEIZURE of butter CONSIGNED interstate without licence: claim by owner for proceeds of butter seized: freedom of interstate trade
Geo. S. Knowles
13 August 1936
Constitution s 92: Dairy Produce Act 1933 s 5(3)

The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice: On the 6th July the Victorian Dairy Products Board seized nine cases of butter which had been fo...

regulation of therapeutic substances
therapeutic substances subject of interstate trade or commerce: power of Commonwealth to prescribe conditions as to labelling and compliance with prescribed standards: freedom of interstate trade: ‘free’
Geo. S. Knowles
21 August 1936
Constitution ss 51(i), 92, 112

I refer to your memorandum dated the 14th August, 1936, asking for advice with regard to the power of the Commonwealth Parliament to prescribe, in relation to therapeutic substances the subject of int...

Interstate navigation
whether steamers carrying excursion passengers to and from same port on south banK of river murray are engaged in interstate trade or commerce and subject to commonwealth control: trade and commerce power
Geo. S. Knowles
03 September 1936
Constitution covering clause 5, ss 51(i), 92, 98, 109: NEW SOUTH WALES CONSTITUTION ACT 1855 (U.K.) (18 & 19 Vict. c. 54) s 5: Navigation Act 1912: Navigation Act 1901 (NSW): Regulations for Preventing Collisions at Sea 1901 (NSW) art 19

The Secretary, Marine Branch, has forwarded the following memorandum to me for advice: Applications were made to this Branch, some short time ago, by the owner of a vessel running passenger...

ministerial delegations
whether ministerial delegations of statutory powers are required to be re-issued by succeeding Ministers
Geo. S. Knowles
09 September 1936
Treasury Regulations 1927 regs 60, 151: Australian Soldiers’ Repatriation Act 1920 ss 7(2), 12(1)

The Secretary to the Treasury has forwarded the following memorandum to me for advice: I desire to forward herewith a copy of a memorandum received from the Auditor-General in regard to the ...

Regulation of primary products
freedom of interstate tradE: proposed alteration of constitution s 92 to enable commonwealth to make law with respect to trade and commerce among the States in relation to marketing of primary products: dried fruits marketing: proposed exemption from prohibitions of restriction of freedom of trade and preference
E. M. Mitchell
08 October 1936
Constitution ss 92, 99: Dried Fruits Act 1928: Dried Fruits (Interstate Trade) Regulations 1934: Dried Fruits Export Control Act 1924: Dried Fruits Export Control regulations 1926

A proposed draft is in the following terms: 92A. Nothing in the last preceding section shall prevent the Parliament from making a law with respect to trade and commerce among the Sta...

trade and commerce
power of commonwealth to legislate in relation to control of commercial trusts and restrictive trade practices: freedom of interstate trade: examination of new zealand legislation
Geo. S. Knowles
22 October 1936
Commercial Trusts Act 1910 (NZ) ss 3, 4, 5, 6-8: Board of Trade Act 1919 (NZ) s 32: Australian Industries Preservation Act 1906 ss 7, 7A, 7B: Interstate Commission Act 1912: constitution s 92

I refer to your memorandum dated the 2nd June, 1936, asking whether any of the provisions of the Commercial Trusts Act 1910 and the Board of Trade Act 1919 of the Dominion of New Zealand are covered b...

Posts and telegraphs
application to Postmaster-General’s Department of state legislation prohibiting communication of information related to gambling: application of state legislation to commonwealth: inconsistency
Geo. S. Knowles
11 January 1937
Suppression of Gambling Act 1895 (Qld) ss 19, 20, 20A, 21c, 20: Post and Telegraph Act 1901 ss 96, 97(a): Telephone Regulations 1927 reg 63: Constitution s 109

The Director-General, Posts and Telegraphs, has forwarded the following memorandum to me for advice: Attention is invited to Act No. 24 of 1936(1) of Queensland, assented to on 3.12.1936, in...

Territories power
northern territory: power of commonwealth to grant subsidy to shipping service between darwin and singapore: territories power
Geo. S. Knowles
08 February 1937
Constitution s 122

The Secretary, Department of the Interior, has requested advice as to whether the Commonwealth has power to grant a subsidy to a steamship line to ensure the maintenance of a shipping service between ...

Financial Agreement between the Commonwealth and the States
Financial Agreement between the Commonwealth and the States: unanimous decision of loan council: absence of member from meeting: whether ‘unanimous decision’ requires concurrence of all members or only of all members present
Geo. S. Knowles
08 February 1937
Financial Agreement between the Commonwealth and the States

The Secretary to the Treasury has forwarded for advice the following memorandum: Sub-clauses (h) and (j) of clause 3 of Part I of the Financial Agreement authorise the Loan Council to take c...


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