The Assistant Secretary to the Treasury has forwarded the following memorandum for advice:
Legal Opinions
Opinion Number. 1639
Subject
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STATE MOTOR VEHICLE REGISTRATION FEES
LIABILITY OF COMMONWEALTH TO PAY STATE MOTOR VEHICLE REGISTRATION FEES ON COMMONWEALTH OWNED MOTOR VEHICLES: WHETHER A TAX ON PROPERTY OF THE COMMONWEALTH
Key Legislation
CONSTITUTION s 114: MOTOR CAR ACT 1928 (Vic) s 4(1): COUNTRY ROADS ACT 1928 (Vic) s 38(d): AIR FORCE ACT 1923: FEDERAL AID ROADS ACT 1931
Opinion Number. 1640
Subject
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OWNERSHIP OF ISLANDS AND REEFS
OWNERSHIP OF ISLANDS AND REEFS OFF THE EASTERN COAST OF AUSTRALIA AND THE COAST OF PAPUA: means of bringing islands and reefs under the CONTROL of THE COMMONWEALTH: placing of territory under the control of the Commonwealth
Key Legislation
Northern Territory Acceptance Act 1910: Seat of Government Acceptance Act 1909: Ashmore and Cartier Islands Acceptance Act 1933: Colonial Boundaries Act 1895 (U.K.) (58 & 59 Vict. c. 34): Constitution ss 111, 122: Papua Act 1905: Norfolk Island Act 1913: Australian Antarctic Territory Acceptance Act 1933: British Settlements Act 1887 (U.K.) (50 & 51 Vict. c. 54)
The Secretary, Department of External Affairs has forwarded the following memorandum for advice:
I am forwarding herewith copies of correspondence on the subject of the ownership of certain islands and reefs off the coast of Australia.
From an examination of the position, it appears that these islands and reefs may be divided into the following groups:
Opinion Number. 1641
Subject
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UNEMPLOYMENT INSURANCE
POWER OF THE COMMONWEALTH TO LEGISLATE WITH RESPECT TO A SCHEME OF UNEMPLOYMENT INSURANCE: INSURANCE POWER: COMPULSORY CONTRIBUTIONS: TAXATION POWER: DISCRIMINATION BETWEEN STATES: PROVISION OF BENEFITS IN REMOTE AREAS
Key Legislation
CONSTITUTION s 51(ii)
In reply to your memorandum of 15th March, 1939, forwarding for advice on the legal questions involved in a copy of a letter received from the Victorian Board of Directors of the Australian Natives’ Association concerning the question as to the validity under the Constitution of an Unemployment Insurance Scheme:
Opinion Number. 1642
Subject
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TELEVISION
WHETHER Wireless Telegraphy Act extends to television: AGREEMENT BETWEEN Commonwealth and Amalgamated Wireless (Australasia) Limited BY WHICH COMPANY HAS right to establish and operate commercial wireless services: WHETHER TELEVISION SERVICES COME WITHIN wireless transmission or reception FOR PURPOSES OF AGREEMENT
Key Legislation
Wireless Telegraphy Act 1905 s 4
With reference to the question asked by you in your letter of 7th March, 1939, as to whether the control of television is provided for, I desire to point out that it is not clear beyond doubt that the Wireless Telegraphy Act extends to television.
The definition of ‘wireless telegraphy’ is as follows:
‘Wireless telegraphy’ includes all systems of transmitting and receiving telegraphic or telephonic messages by means of electricity without a continuous metallic connexion between the transmitter and the receiver.
Opinion Number. 1643
Subject
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BANKING
WHETHER COMMONWEALTH LIABLE FOR MONEY FRAUDULENTLY WITHDRAWN FROM COMMONWEALTH SAVINGS BANK BY EMPLOYEE OF DEPOSITOR: VALIDITY OF REGULATION PROTECTING BANK WHERE IN ORDINARY COURSE OF BUSINESS IT PAID OUT MONEY ON FORGED RECEIPT: CONSTRUCTION OF REGULATIONS: REASONABLENESS: FRAUD OR DISHONESTY OF BANK OFFICER
Key Legislation
COMMONWEALTH SAVINGS BANK REGULATIONS regs 27, 33(6), 37(3): COMMONWEALTH BANK ACT 1911 s 63: ACTS INTERPRETATION ACT 1901 s 46
The Secretary, Department of the Treasury, has asked me to advise in connexion with the matter referred to in the following letter to him from the Secretary, Commonwealth Bank:
Opinion Number. 1644
Subject
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USE OF STYLE ‘ROYAL’
South yarra lawn tennis cluB: consent BY Governor-in-Council of State of Victoria to use style ‘royal’ without REFERENCE FOR KING’S PLEASURE: whether Companies Act 1928 (Vic) s 279 authorizes Governor-in-Council of State of Victoria to exercise King’s prerogative RESPECTING use of title ‘Royal’: PRACTICE
Key Legislation
Companies Act 1928 (Vic) s 279
On 19th December, 1938, the Governor-in-Council of the State of Victoria, pursuant to the provisions of section 279 of the Companies Act 1928, consented to the use of the word ‘Royal’ in the name of the company known as ‘Royal South Yarra Lawn Tennis Club’.
Opinion Number. 1645
Subject
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FOOD CONTROL
CONTROL OF FOODSTUFFS IN TIME OF WAR: POWERS OF ACQUISITION OF EXPORT CONTROL BOARDS: acquiSITION OF ownership of products either as agents for British or Commonwealth Governments or for sale to them: DEFENCE POWER: ACQUISITION OF PROPERTY ON JUST TERMS: FREEDOM OF INTERSTATE TRADE
Key Legislation
Apple and Pear Organization Act 1938 s 13(2): Constitution ss 51(vi),(xxxi), 92, 112
The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice:
I desire to inform you that Food (Defence Plans) Department of the British Board of Trade has drawn up plans to meet emergency conditions which may arise from an outbreak of war.
The proposals embody the appointment of a Food Controller who, immediately upon the outbreak of war, would control supply, distribution, and consumption of foodstuffs.
The methods of acquirement contemplated are as under:
Opinion Number. 1646
Subject
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NEW GUINEA
amalgamation of MANDATED TERRITORY OF NEW GUINEA AND TERRITORY OF PAPUA: administrative amalgamation: consistency with league of nations mandate: source of legislative power
Key Legislation
MANDATE FOR THE ADMINISTRATION OF THE GERMAN POSSESSIONS IN THE PACIFIC OCEAN SITUATED SOUTH OF THE EQUATOR OTHER THAN GERMAN SAMOA AND NAURU, CONFERRED UPON HIS BRITANNIC MAJESTY FOR AND ON BEHALF OF THE COMMONWEALTH OF AUSTRALIA, CONFIRMED AND DEFINED BY THE COUNCIL OF THE LEAGUE OF NATIONS done at Geneva on 17 December 1920 [1920] ATS 2 arts 2, 3, 4, 5, 6: COVENANT OF THE LEAGUE OF NATIONS made at Paris on 28 June 1919 cl 22: CONSTITUTION ss 51(xxix), 122
The Secretary, Prime Minister’s Department, has forwarded for my advice the following memorandum:
The Chairman of the Committee that has been appointed by the Commonwealth Government to enquire into the question of the amalgamation of the Administrations of the Territories of Papua and New Guinea (the Hon. F. W. Eggleston) has addressed a communication to the Minister, in which the following passage appears–
Opinion Number. 1647
Subject
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NATIONALITY
POWER TO ENACT THAT aliens arriving in Australia must become naturaliSed within two years after admission: ISSUE OF LIMITED FORM OF NATURALISATION HAVING EFFECT ONLY IN AUSTRALIA: POTENTIAL PRACTICAL DIFFICULTIES
Key Legislation
Nationality Act 1920: Constitution s 51(xix)
I am in receipt of your memorandum of the 27th April, 1939, requesting to be furnished with advice and with my views on a proposal for the amendment of the Nationality Act to provide that aliens arriving in Australia must become naturalized within two years after admission.
Opinion Number. 1648
Subject
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PREFERENCE TO UNIONISTS
CONCILIATION AND ARBITRATION: POWER OF Commonwealth Court of Conciliation and Arbitration TO ORDER PREFERENCE TO UNIONISTS: INHERENT POWER OF COURT: STATUTORY POWER: RETURNED SERVICEMEN: jurisdiction OF Court to make award governing terms of employment of non-unionists
Key Legislation
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904 ss 40, 81A
I refer to your memorandum of 17th May, 1939, referring to me a letter received from the General Secretary-Treasurer of the Amalgamated Clothing and Allied Trades Union of Australasia suggesting that the Commonwealth Court of Conciliation and Arbitration should be given discretionary powers to enable it to award preference to unionists in the clothing industry, and requesting my advice for the purposes of the report to be furnished to the Prime Minister.