Legal Opinions

On further consideration, I am doubtful whether there is power to make a regulation under the National Security Act providing that a notification in the Gazette shall not be necessary where land is acquired under the Lands Acquisition Act for Defence purposes.

Regulations can be made under the National Security Act which override the provisions of other Commonwealth Acts, but I think that the words ‘other than land’ in paragraph (b) of section 5 of that Act would be construed as indicating an intention to exclude the power to make regulations authorising the acquisition of land.

I am in receipt of your memorandum of the 30th January, 1940, No. P. 40/309, requesting advice whether Commonwealth Government Departments are bound by Prices Regulations Orders issued under the National Security (Prices) Regulations.

I am in receipt of your memorandum dated 6th February, 1940, asking for my views as to whether it is possible, in order to stimulate the production of copper, to increase the domestic price of copper conditional on the producer maintaining a specified amount per ton in reserve–

The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice:

A letter has been received from the Australian Wheat Board, which is as follows:

Reference was made at a recent Meeting of my Board as to whether there was any constitutional or legal objection to a differentiation existing in the amounts received by growers in the different States as compensation for wheat acquired under the Wheat Plan.

The Secretary, Department of Commerce, has forwarded for my advice the following memorandum:

A letter as follows has been received from the Primary Producers’ Association of Western Australia concerning barley acquired from M.O.R. and I.B.R.

I have been instructed by Messrs. M.O.R. & I.B.R. of Coorow, Western Australia, members of this Association, to make application to you for compensation for 2,461 bushels of superior chev. barley acquired from them by the Barley Board constituted under the authority of the Commonwealth Government.

I am in receipt of your letter dated 15th February, 1940, enclosing departmental file relating to the protest made by Archbishop Le Fanu, Primate of Australia, against the entries in the telephone directories headed or commencing with the words ‘Catholic Church’.

I have received your letter dated 29th April, 1940, relating to the position of three young men living in Adelaide who have been called up for French military service, and assure you that I do not in any way regard it as an impertinence for you to write to me thereon.

I refer to my previous memoranda of 23rd October and 3rd November, 1939⁽¹⁾ (your G.39/10701), relative to the priority of Commonwealth debts on the winding-up of a company.

The Secretary, Department of Air, has forwarded the following memorandum to me for advice:

• Air Force Regulation 439 prescribes as follows:

A ship, boat, aircraft or person shall not come or remain within any area declared by proclamation to be an air fighting, gunnery, bombing or similar practice area whilst any such practice is in progress, or remain in any position so as to obscure such practice.

I refer to your memorandum No. W.51.1.15 of 6th August requesting further advice with regard to the requirement of ‘just terms’ contained in the Constitution.