elections
WHETHER PERMANENT EMPLOYEE OF COMMISSIONER FOR RAILWAYS OF TASMANIA IS ELIGIBLE TO NOMINATE AS CANDIDATE FOR SENATE: ‘office of profit under the crown’
Constitution Act 1934 (Tas) s 32: Constitution s 44
The Chief Electoral Officer has forwarded to me for advice the following memorandum of the Commonwealth Electoral Officer for the State of Tasmania:
I am forwarding herewith copy of a communication received from Mr. Charles A. Lamp(1), a permanent employee of the Railway Commissioner of Tasmania, who signifies his desire to nominate as a candidate for the forthcoming Commonwealth Senate Election.
Mr. Lamp raises the question as to his eligibility to be nominated for election as a Senator.
wartime control of railways
war railway council: control by commonwealth of State owned Railways in time of war: defence power: ‘control’ of railways for naval and military purposes of commonwealth: incidental power: incidental control of non-military aspects of railways
Constitution s 51(vi), (xxxii), (xxxix)
The Secretary to the Commissioner of Railways has forwarded for my advice the following memorandum:
I have to advise that, as the result of a recommendation by the late Field Marshal Earl Kitchener on the Defence of Australia, a War Railway Council was established, composed of the Chief Railways Commissioner of each of the Australian Railway Systems under the Presidency of the Quartermaster-General of the Defence forces.
Daylight Saving
power of commonwealth to introduce daylight saving in peacetime
Daylight Saving Act 1916: Daylight Saving Repeal Act 1917
I refer to your letter of the 11th November, 1937, in which you request information concerning a proposal that a Daylight Savings Bill should be enacted by the Commonwealth Parliament.
parliamentary representation of aboriginals
petition for separate representation of aboriginals in commonwealth parliament: senators and members to be directly chosen by people of the commonwealth: races power: territories power: election of aboriginal member for territory to represent aboriginals
Constitution ss 7, 24, 51(xxvi), 80, 122, 127
The Secretary, Department of the Interior, has forwarded to me for advice the following communication:
I forward herewith copies of correspondence which has passed between this Department and the Prime Minister’s Department with regard to a Petition to His Majesty the King, presented by the Australian Aborigines’ League, relating to the welfare of aboriginals in Australia.
censorship of telegrams
POWER OF COMMONWEALTH TO censor and STOP TRANSMISSION OF TELEGRAMS IN TIME OF WaR OR STATE OF EMERGENCY OR TENSION
Telegraph Act 1909 ss 3, 4: Wireless Telegraphy Regulations 1924 regs 4(9), 124: International Telecommunication Convention done at Madrid on 9 December 1932 [1934] ATS 10 art 26: Post and Telegraph Act 1901 s 96: Telegraph Regulations 1927 reg 71: Defence Act 1903 s 65: International Telegraphic Convention done at St Petersburg on 22 July 1875 [1903] ATS 6 art 8: International Radiotelegraph Convention, Final Protocol and Detailed Service Regulations done at London on 5 July 1912 [1913] ATS 7 art 17
The Director-General, Posts and Telegraphs, has forwarded to me for advice the following communication:
senate vacancy
prospective vacancy caused by death of prospective senator prior to current senator’s place becoming vacant: whether the place of the elected prospective senator has ‘(become) vacant before the expiration of his term of service’ filling of vacancy’
Constitution ss 7, 13, 15, 21, 44, 45
The first question to be determined is whether the death of Mr. Barnes(1) has brought about a situation to which section 15 of the Constitution applies.
That section provides (inter alia) ‘If the place of a senator becomes vacant before the expiration of his term of service the Houses of Parliament of the State for which he was chosen shall … choose a person to hold the place until the expiration of the term or until the election of a successor as hereinafter provided whichever first happens.
For the section to operate it is necessary:
regulation of narcotic drugs
control by commonwealth of traffic in dangerous drugs: liability for statements in communications regarding alleged drug addicts: power to give effect to international conventions regarding dangerous drugs: extent of external affairs power
International Opium Convention done at The Hague on 23 January 1912 [1920] ATS 20: INTERNATIONAL CONVENTION RELATING TO DANGEROUS DRUGS, AND PROTOCOL done at Geneva on 19 February 1925 [1928] ATS 5: CONVENTION FOR LIMITING THE MANUFACTURE AND REGULATING THE DISTRIBUTION OF NARCOTIC DRUGS, AND PROTOCOL OF SIGNATURE done at Geneva on 13 July 1931 [1934] ATS 9: Customs Act 1901 ss 52(g), 56: Customs (Prohibited Imports) Regulations 1934 Second Schedule item 7: CONSTITUTION s 51(xxix)
The Comptroller-General, Department of Trade and Customs, has forwarded the following minute to me for advice:
whaling
Whaling: power of commonwealth to prevent anchorage accommodation being granted to japanese whale chasers at careening bay, garden island (wa): regulation of use of ports by whaling ships: ‘fishing’ vessel
Convention for the Regulation of whaling done at Geneva on 19 September 1931: International Agreement for the Regulation of Whaling done at London on 8 June 1937 [1946] ATS 10: Whaling Act 1935 ss 4, 8: Convention and Statute of the International Regime of Maritime Ports and Protocol of Signature done at Geneva on 9 December 1923 [1926] ATS 15, Statute arts 2, 14, 17: Immigration Act 1901 s 3(k): MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) s 744: Whale Fisheries (Scotland) Act 1907 (U.K.) (7 Edw. VII c. 41): Whale Fisheries (Scotland) (Amendment) Act 1922 (U.K.) (12 & 13 Geo. V c. 3): Whale Fisheries (Ireland) Act 1908 (U.K.) (8 Edw. VII c. 31): CONSTITUTION s 51(i), (xxix)
Arising out of an application to Fremantle Harbour Trust Commissioners for anchorage accommodation for Japanese whale chasers at Careening Bay, Garden Island, Western Australia, the Secretary, Department of External Affairs has forwarded for my observations a copy of a memorandum drawn up in that Department with regard to grounds upon which the application could be refused, if such course were decided upon.
The memorandum is in the following terms:
Whaling
power of COMMONWEALTH PARLIAMENT to ENACT LEGISLATIon GIVING FULL EFFECT TO INTERNATIONAL WHALING CONVENTIOn: extent of external affairs power: WHETHER CONVENTION MAY BE RATIFIED WITHOUT RESERVATION
Convention for the Regulation of whaling done at Geneva on 19 September 1931: WHALING ACT 1935 s 4: CONSTITUTION ss 51(x), (xxix), 99, 113, 116: INTERNATIONAL CONVENTION RELATIVE TO AIR NAVIGATION done at Paris on 13 October 1919 [1922] ATS 6
The Secretary, Department of External Affairs has referred for advice a memorandum regarding several matters in relation to Whaling Conventions. Some of these matters are subject of other advisings. This advising is limited to the questions raised in section A of the memorandum. Section A is as follows:
A. CONVENTION FOR THE REGULATION OF WHALING (signed at Geneva, 24th September, 1931).
ownership of captured enemy warship
wreck of german warship ‘emden’: scrap metal taken therefrom by japanese vessel ‘anyo maru’ and conveyed to singapore: ownership of wreck: abandonment by commonwealth
The Minister for External Affairs has forwarded for advice the following letter received by him from the Japanese Consul-General, Sydney: