Legal Opinions

Opinion Number. 1687

Subject

COMPENSATION OF INTERNEES
PAYMENT OF COMPENSATION ON ACCOUNT OF INTERNEES KILLED OR INJURED IN THE COURSE OF WORK: APPLICATION TO INTERNEES OF COMMONWEALTH EMPLOYEES COMPENSATION ACT: ‘EMPLOYEES’: PRACTICE IN OTHER COUNTRIES

AuthorKNOWLES George Shaw | Date
Key Legislation

COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930: NATIONAL SECURITY (INTERNMENT CAMPS) REGULATIONS regs 6(2), 15(1), 18(3): EMPLOYERS AND EMPLOYEES’ ACT 1928 (Vic) Part III

In reference to your memorandum of 30th June, the first question which calls for consideration is the possible application to internees of the Commonwealth Employee’s Compensation Act 1930.

Opinion Number. 1688

Subject

COMMONWEALTH RAILWAYS
PROPOSAL TO SERVE WINES ON TRANS-AUSTRALIAN RAILWAY TO PASSENGERS PARTAKING OF MEALS: POWER TO MAKE BY-LAW PURPORTING TO AUTHORISE DISPOSAL OF WINE IN THIS MANNER: REQUIREMENT FOR LEGISLATION CONFERRING POWER TO SUPPLY WINE WITHOUT CONTRAVENING STATE LEGISLATION

AuthorKNOWLES George Shaw | Date
Key Legislation

COMMONWEALTH RAILWAYS ACT 1917

I am in receipt of your memorandum No. C.R. 7700 dated the 23rd July, 1941, relative to the proposal to serve wines on the Trans-Australian railway to passengers partaking of meals.

Opinion Number. 1689

Subject

COMMONWEALTH BANK
COMMONWEALTH BANK BOARD: ACCEPTANCE OF MEMBERHIP BY MEMBER OF VICTORIAN STATE LEGISLATIVE COUNCIL: WHETHER office or place of profit under Crown, or perforMANCE OF duty or transactION OF business for or on behalf of Crown for or in expectation of fee gain or reward: VACATION OF SEAT: ‘CROWN’

AuthorKNOWLES George Shaw | Date
Key Legislation

Constitution Act Amendment Act 1928 (Vic) ss 25, 27, 28

I have been asked to advise whether, in the event of a member of the Legislative Council of Victoria being appointed as a member of the Commonwealth Bank Board, he would incur the penalties prescribed by sections 25 and 27 of the Constitution Act Amendment Act 1928 of the State of Victoria.

Opinion Number. 1690

Subject

LAND TAX
TAXATION: POWER TO PEG VALUE OF LAND FOR LAND TAX PURPOSES BY REGULATION UNDER NATIONAL SECURITY ACT: IMPOSITION OF TAXATION: DELEGATION OF POWER TO IMPOSE TAXATION

AuthorMITCHELL Ernest Meyer, SUGERMAN Bernard | Date
Key Legislation

LAND TAX ASSESSMENT ACT 1910 ss 17, 18, 20: LAND TAX ACT 1910 s 3: NATIONAL SECURITY ACT 1939 ss 5(1), 18: NATIONAL SECURITY (APPLE AND PEAR ACQUISITION) REGULATIONS reg 2: CONSTITUTION s 53

By section 20 of the Land Tax Assessment Act as amended assessments of Land Tax are to be made in respect of triennial periods. The current triennial period will expire on June 30th 1942, and unless the present statutory provisions are altered a fresh assessment will have to be made for the triennial period beginning on July 1st 1942.

Opinion Number. 1691

Subject

CHILD ENDOWMENT
CHILD ENDOWMENT: PAYMENT TO CHILDREN OF ABORIGINES AND HALF-CASTES: MEANING OF ‘NOMADIC’: ABORIGINAL NATIVES LIVING AT OR ASSISTED BY MISSION STATIONS

AuthorKNOWLES George Shaw | Date
Key Legislation

CHILD ENDOWMENT ACT 1941 ss 4, 13, 15, 20: CHILD ENDOWMENT REGULATIONS regs 4, 7(2), 16

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

In considering applications by Aboriginal Missions for the approval of the Minister to the recognition of their organizations as Institutions for the purposes of the Child Endowment Act it has been learned that, apart from those on Government Settlements, aboriginal children may be grouped as follows:

Group 1. Those wholly fed, clothed, housed and maintained by the Mission.

Opinion Number. 1692

Subject

REINSTATEMENT IN CIVIL EMPLOYMENT
WHETHER EMPLOYEE WHO RESIGNS EMPLOYMENT PRIOR TO AND WITH VIEW TO VOLUNTEERING FOR WAR SERVICE MAY BE REGARDED AS HAVING BEEN EMPLOYED IMMEDIATELY PRIOR TO DATE UPON WHICH HE VOLUNTEERED FOR WAR SERVICE

AuthorKNOWLES George Shaw | Date
Key Legislation

NATIONAL SECURITY (REINSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS reg 3

I refer to your memorandum of 28th October, 1941 (No. 220/14/18) requesting to know whether an employee who resigns his employment prior to and with a view to volunteering for war service may be regarded as having been ‘employed immediately prior to the date upon which he volunteered for war service’ for the purpose of regulation 3 of the National Security (Reinstatement in Civil Employment) Regulations.

Opinion Number. 1693

Subject

PRIZE LAW
PROPOSED CHANGES IN PROCEDURE WITH RESPECT TO PRIZES TAKEN BY UNITED STATES NAVAL FORCES IN FOREIGN WATERS: WHETHER COMMONWEALTH GOVERNMENT SHOULD SIGNIFY ITS WILLINGNESS TO CONCUR IN PROPOSALS: COURTS’ JURISDICTION IN PRIZE CASES WITHOUT HAVING RES BROUGHT BEFORE COURTS: REQUISITION OF PRIZES

AuthorKNOWLES George Shaw | Date
Key Legislation

I refer to your minute of 19th February, 1942, forwarding copy of a letter from the American Legation on the subject of certain proposed changes in the procedure with respect to prizes taken by the United States Naval Forces in foreign waters.

I would suggest that the matter is one in which uniformity of policy between all parts of the King’s dominions is highly desirable, and which should be settled, therefore, in consultation with the United Kingdom Government.

Opinion Number. 1694

Subject

DISALLOWANCE OF REGULATIONS
WHETHER NECESSARY FOR REGULATIONS TO BE LAID ON TABLE OF SENATE BEFORE MEMBER OF SENATE CAN MOVE FOR DISALLOWANCE

AuthorCASTIEAU John Gilbert Buckley | Date
Key Legislation

ACTS INTERPRETATION ACT 1901 ss 10, 48: SENATE STANDING ORDER 364

I refer to your memorandum dated 24th March, 1942, requesting advice on the question whether it is necessary for regulations to be laid on the table of the Senate before any member of the Senate can move for their disallowance.

In 1931 in the case of Dignan v. Australian Steamships Pty. Ltd. (45 C.L.R. 188) the High Court by a majority (Rich, Starke and Dixon J.J. (Gavan Duffy, C.J. and Evatt J. dissenting)) held that it was not a condition essential to the validity or operation of a resolution of disallowance that the regulations should first be laid before the House.

Opinion Number. 1695

Subject

NETHERLANDS INDIES
EFFECT OF NETHERLANDS ROYAL DECREE VESTING IN ROYAL NETHERLANDS GOVERNMENT CLAIMS AND RIGHTS REGARDING ASSETS BELONGING TO RESIDENTS AND COMPANIES OF NETHERLANDS INDIES: POWER OF COMMONWEALTH TO REQUISITION GOODS IN AUSTRALIA AND PAY COMPENSATION TO ROYAL NETHERLANDS GOVERNMENT: GOLD AND BANK CREDITS

AuthorBEASLEY John Albert | Date
Key Legislation

I refer to the question of the disposal of goods now in Australia or to arrive in Australia and consigned either to the Royal Netherlands Indies Government or to persons or companies domiciled in the Netherlands Indies: also to the question of the transfer to the Royal Netherlands Government of certain gold held in Australia on behalf of banks in the Netherlands Indies and of certain credits in Australian banks in the name of certain banks in the Netherlands Indies.

Opinion Number. 1696

Subject

PROPOSED UNIFORM FEDERAL INCOME TAX SCHEME
PROPOSED UNIFORM FEDERAL INCOME TAX: VALIDITY OF PROPOSAL TO GIVE PRIORITY TO PAYMENT OF FEDERAL INCOME TAX AND GRANTS TO STATES THAT DO NOT RAISE INCOME TAX: POWER TO PREVENT RAISNG OF INCOME TAX BY STATES: WHETHER IMPLIED INTENTION: REQUISITION OF SERVICES OF STATE PERSONNEL AND ASSETS

AuthorMITCHELL Ernest Meyer | Date
Key Legislation

Draft Bill for INCOME TAX ASSESSMENT ACT 1942: Draft Bill for INCOME TAX (WAR-TIME ARRANGEMENTS) ACT 1942

This draft Bill(1) is based on the assumption that it is not permissible directly and explicitly to exclude the States from their right to impose a State Income Tax.

For present purposes we accept that assumption, but we have not independently examined this matter for ourselves.

To get the purposes of the draft War–time Arrangements Bill into proper perspective it should not be considered merely in isolation but as a link in a larger plan.