It is proposed to introduce a Bill in the Commonwealth Parliament to establish a Commission to administer a scheme for National Health and Pensions Insurance. It is proposed to provide for compulsory contributions by employers and employees payable directly or indirectly to the Commission, the benefits to be disbursed through the medium of approved Societies, payment therefore being made by the Commission to the Societies. It is also proposed that the Commonwealth should make contributions in aid of the Scheme.
Opinion Number. 1629
National Health and Pensions Insurance proposal to establish Commission to administer scheme for National Health and Pensions Insurance: whether compulsory contributions of employers and employees would be public moneys: law with respect to taxation: whether moneys required to be paid into consolidated revenue fund and withdrawn pursuant to appropriation
CONSTITUTION ss 55, 61, 81, 83: AUDIT ACT 1901 ss 2, 21(2), 23, 28, 29, 31: FINANCIAL AGREEMENTS ENFORCEMENT ACT 1932: AUDIT ACT 1902 (NSW))
Opinion Number. 1630
national health and pensions insurance national health and pensions insurance: whether law imposing compulsory contributions on employers and/or employees for purposes of scheme is exercise of taxation power: requirement that law deal only with imposition of taxation: payment of contributions into consolidated revenue fund
CONSTITUTION ss 51(ii), (xiv), 55, 81
The proposed Bill for the establishment of a system of National Health and Pensions Insurance makes provision for the creation of a Fund or Funds out of which benefits are to be paid.
Opinion Number. 1631
national health and pensions insurance supplementary opinion: national health and pensions insurance: law imposing taxation: requirement for separate Acts, one fixing contributions from employees and the other fixing contributions from employers
Constitution s 55
Upon giving further consideration to this matter, I think that to be safe there should be separate Acts, one fixing the contributions from the employee, and the other fixing the contributions from the employers. In its judgment in the case Attorney-General for Canada v. Attorney-General for Ontario, 55 T.L.R.
Opinion Number. 1632
national health and pensions insurance supplementary opinion: national health and pensions insurance: law imposing taxation: requirement for separate Acts, one fixing contributions from employees and the other fixing contributions from employers: validity of proposed scheme: constitutional powers
British North America Act 1867 (U.K.) (30 & 31Vict. c. 3) s 92(13): Constitution s
I advised on one aspect of this proposed legislation in an Opinion dated 26th April, 1938,(1) and my opinion is now asked upon other aspects. I am instructed that it is proposed to have a machinery bill including provisions for voluntary contributions from certain persons, and another bill to impose liability to make contributions to the fund.
Opinion Number. 1633
national health and pensions insurance national health and pensions insurance bill: constitutionality: speeches by mr spender and mr blackburn on second reading of bill
Constitution s 51(ii), (xiv), (xxiii), (xxxix)
In the course of his speech on the motion for the Second Reading of the above Bill, Mr. Spender is reported to have said:
Opinion Number. 1634
new guinea Proposal for Department of Defence to lease land at Lae in the Territory of New Guinea for use for aerodrome purposes: consistency with league of nations mandate: prohibition of establishment of military bases: proposal for separate Territory-incorporated body to hold land for these purposes
LEAGUE OF NATIONS MANDATE FOR THE TERRITORY OF NEW GUINEA dated 17 December 1920 (Official Year Book of the Commonwealth No 31-1938) art 4
I am in receipt of your memorandum, No. J.808/1/1, dated the 4th April, 1938, with respect to the desire of the Department of Defence to lease certain land at Lae, Territory of New Guinea, for use for aerodrome purposes.
I am unable to point to any legislative provision under which the Commonwealth Government or the Department of Defence is authorised to enter into a lease of lands in the Territory of New Guinea.
Opinion Number. 1635
inconsistency with royal charter of incorporation royal charter incorporating bank: banking power: power of commonwealth to enact legislation inconsistent with provisions contained in charter: power to abrogate royal prerogative
CHARTERED COMPANIES ACT 1837 (U.K.) (7 Will. IV & 1 Vict. c. 73): Constitution ss 51(xiii), 74: Crimes Act 1914: Justices Act 1928 (Vic) s 187: Colonial Laws Validity Act 1865 (U.K.) (28 & 29 Vict. c. 63) ss 2, 3
The Commonwealth Statistician has forwarded for my advice the following memorandum:
The following message was received from the Secretary to the Commonwealth Bank this morning:
Governor suggests if not already done immediate steps should be taken by the Treasury to obtain advice from the Solicitor-General as to whether Commonwealth legislation on banking will over-ride the provisions of any royal charter or over (sic) authority under which any bank operates at present. If not what steps can be taken to insure that Commonwealth legislation will prevail.
Opinion Number. 1636
commonwealth motor vehicles commonwealth motor vehicles: power to exempt vehicles from registration requirements of state law as to use of number plates and labels: necessity for legislation
Constitution s 109: AUSTRALIAN MILITARY REGULATIONS 1927 reg 201
The Secretary, Department of the Interior has forwarded the following memorandum for advice:
Opinion Number. 1637
income tax income tax: meaning of ‘evasion’ in income tax assessment act 1936 s 170(2)(a)
income tax assessment act 1936 s 170(2)(a): Customs Act 1901 s 234
The Second Commissioner of Taxation has forwarded for my advice the following memorandum:
The matter upon which your opinion is desired is the meaning of the word ‘evasion’ in section 170(2)(a) of the abovementioned Act.
Section 170(2) of the Act reads as follows:
Opinion Number. 1638
inconsistency power of commonwealth to make regulations inconsistent with state laws for supply on any day of goods and services to defence forces: effect of inconsistency: defence power
Australian Military Regulations reg 201: Defence Act 1903 s 124: Constitution ss 51(vi), 109
The Secretary, Prime Minister’s Department, has referred to me for advice the following communications addressed by the Premier of the State of Tasmania to the Prime Minister of the Commonwealth: