The Assistant Secretary, Department of the Treasury, has forwarded the following memorandum to me for advice:
Legal Opinions
Opinion Number. 1669
Subject
| Date
STATE HARBOUR DUES
WHETHER QUEENSLAND HARBOUR DUES PAYABLE IN RESPECT OF GOODS IMPORTED BY COMMONWEALTH: WHETHER tax on property belonging to Commonwealth: ‘TAX ON PROPERTY’: dues payable because goods are brought into, taken out of, or transshipped in a harbour
Key Legislation
Harbour Boards Acts 1892 (Qld) s 140: Constitution s 114: Customs Tariff 1902
Opinion Number. 1670
Subject
| Date
STATE STAMP DUTIES
WHEAT ACQUISITION: WHETHER CHEQUES AND RECEIPTS GIVEN BY AUSTRALIAN WHEAT BOARD ARE SUBJECT TO QUEENSLAND STAMP DUTY: whether Australian Wheat Board entitled to immunity of Crown in right of Commonwealth
Key Legislation
Stamp Act 1894 (Qld): Stamp Duties Act 1898 (NSW): National Security (Wheat Acquisition) Regulations regs 4, 26
The Secretary, Department of Commerce, has forwarded the following memorandum to me for advice:
State Stamp Duty on Wheat Board Cheques
The following letter has been received from the Australian Wheat Board:
In accordance with verbal advice received from the Commonwealth Law Authorities, instructions have been issued by my Board to our State Superintendents that cheques drawn and receipts issued by them need not bear State Stamp Duty.
Opinion Number. 1671
Subject
| Date
DEFENCE
POWER OF COMMONWEALTH TO MAKE REGULATION SPECIFYING POWERS OF SENTRIES IN RELation to challenged persons: power to authorize sentries to fire on persons committing, suspected of having committed, or of being about to commit an offence against National Security Act
Key Legislation
Australian Military Regulations reg 27(1): Defence Act 1903: National Security (General) Regulations regs 4-7: National Security Act 1939 s 13
The Secretary, Department of Defence Co-ordination has forwarded to me for advice the following memorandum:
Opinion Number. 1672
Subject
| Date
nationality
whether DECLARATIONS OF ALIENAgE can be made DURING time of war: divestiture of british nationality: whether registration validates invalid declaration of alienage
Key Legislation
Nationality Act 1920 ss 10, 22: Naturalization Regulations reg 12: Defence Act 1903 ss 32A(3), 59: British Nationality and Status of Aliens Act 1914 (U.K.) (4 & 5 Geo. V c. 17) s 14
The Secretary, Department of the Interior, has forwarded the following memorandum to me for advice:
Sections 10 and 2 of the Nationality Act read as follows:
Section 10:
Opinion Number. 1673
Subject
| Date
wheat acquisition
Wheat industry stabilisation plan: implementation of plan: acquisition on just terms: guaranteed price: state co-operation: use of excise to repay commonwealth: licensing of wheat growers
Key Legislation
National Security (Wheat Acquisition) Regulations: CONSTITUTION s 51(xxxi)
The Secretary, Department of Commerce, has forwarded a draft submission concerning the wheat industry which the Minister for Commerce proposes to place before Cabinet and has requested my advice as to the constitutional validity of certain aspects of the scheme proposed in the draft submission.
So far as is material for this Opinion the proposed plan is adequately summarised in paragraph 23 of the submission, which is as follows:
The proposed plan of stabilization is as follows:
Opinion Number. 1674
Subject
| Date
control of hire purchase agreements and cash orders
Whether proposals to regulate hire purchase agreements and cash orders are within commonwealth power: defence power: national security legislation
Key Legislation
National Security Act 1939 s 5: Constitution s 51(vi)
I am in receipt of your memorandum dated 14th November, 1940, setting out certain proposals which have been put forward for the control of hire purchase agreements and cash orders and requesting me to consider whether the National Security Act is sufficiently wide to enable them to be put into operation.
Opinion Number. 1675
Subject
| Date
aliens
ISSUE OF MINERS’ RIGHTS TO ENEMY ALIENS: effect of restriction of right of enemy aliens to acquire land
Key Legislation
National Security (Aliens Control) Regulations 1939: National Security (Land Transfer) Regulations 1940: Mining Ordinance 1939 (NT)
I refer to your memorandum of 13th November. The only question upon which my advice appears to be required is whether enemy aliens are ‘entitled’ to be issued with miners’ rights.