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 the States, with a view to securing control of local prices of primary products, has been considered in a joint opinion by Mr. Herring, Professor Bailey and myself.
Legal Opinions
Opinion Number. 1599
Subject
| Date
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
Key Legislation
Constitution ss 51(ii), 55, 90, 92, 99: Excise Tariff Act 1906
Opinion Number. 1600
Subject
| Date
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
Key Legislation
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 forwarded for sale at Melbourne by S.W. of Smithton, Tasmania.
The butter was seized in response to a telephone message from the Secretary of the Tasmanian Board that W. was not the holder of an owner’s licence under the Dairy Produce Interstate Regulations and had shipped per the ketch ‘Coomondery’ the butter referred to above.
Opinion Number. 1601
Subject
| Date
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’
Key Legislation
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 interstate trade or commerce, conditions as to:
Opinion Number. 1602
Subject
| Date
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
Key Legislation
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:
Opinion Number. 1603
Subject
| Date
ministerial delegations
whether ministerial delegations of statutory powers are required to be re-issued by succeeding Ministers
Key Legislation
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:
Opinion Number. 1604
Subject
| Date
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
Key Legislation
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 States in relation to the marketing of primary products.
Opinion Number. 1605
Subject
| Date
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
Key Legislation
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 by Commonwealth legislation and, if not, whether any of the provisions of those Acts could be effectively embodied in Commonwealth legislation.
In the first place, if the operations of the Hardware Associations to which you refer in your memorandum are confined to intrastate trade, it is not constitutionally possible for the Commonwealth to legislate with regard thereto.
Opinion Number. 1606
Subject
| Date
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
Key Legislation
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:
Opinion Number. 1607
Subject
| Date
Territories power
northern territory: power of commonwealth to grant subsidy to shipping service between darwin and singapore: territories power
Key Legislation
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 Darwin and Singapore for the purpose of the carriage of cattle from the former port to the latter port.
Opinion Number. 1608
Subject
| Date
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
Key Legislation
Financial Agreement between the Commonwealth and the States
The Secretary to the Treasury has forwarded for advice the following memorandum: