DEFENCE SERVICE
SERVICE REQUIREMENT OF MEMBERS OF DEFENCE FORCE: MEANING OF ‘AUSTRALIA’: TERRITORIES: MANDATED TERRITORIES: WHETHER SERVICE IN MANDATED TERRITORY IS OVERSEAS SERVICE FOR DEFENCE PURPOSES
DEFENCE ACT 1903 Parts IV, V, XII, XIII, XIV, ss 5A, 49: ACTS INTERPRETATION ACT 1901 s 17(p)
I refer to the letter dated 24th August, 1942, from Mr. R.S.R. to the Prime Minister.
For the purposes of the Defence Act ‘Australia’ is defined to include the Territories of the Commonwealth to which that Act extends.
‘Territories of the Commonwealth’ by virtue of paragraph (p) of section 17 of the Acts Interpretation Act 1901–1941 includes any Territory governed by the Commonwealth under a mandate.
SECRETARYSHIP OF PARLIAMENTARY COMMITTEE
SECRETARYSHIP OF PARLIAMENTARY STANDING COMMITTEE ON BROADCASTING: WHETHER SECRETARY MAY BE APPOINTED WITHOUT BEING APPOINTED OFFICER OF BOTH HOUSES OF PARLIAMENT: APPLICATION OF PUBLIC SERVICE ACT: APPOINTMENT AS OFFICER OF BOTH HOUSES
COMMONWEALTH PUBLIC SERVICE ACT 1922 s 9(i)(c)
In reply to your letter of 11th instant in relation to the Secretaryship of the Parliamentary Standing Committee on Broadcasting, I have carefully considered the matter and my opinion is as follows:
acquisition of meat
acquisition of meat: assessment of just compensation: whether Commonwealth must distribute to persons from whom property has been acquired full amount obtained by sale of property less expenses of sale: review of determination OF PRICE by Commonwealth Prices Commissioner
NATIONAL SECURITY (AUSTRALIAN MEAT INDUSTRY COMMISSION) rEGULATIONS regs 32(a), (39(1): constitution ss 51(xxxi), 109: National Security (Apple and Pear Acquisition) Regulations
With reference to your memorandum of 4th November, 1942, whilst the Commission has power to purchase meat by voluntary agreement at any price (see regulation 32(a)), in my opinion as soon as the sale is made compulsory placitum (xxxi) of section 51 of the Constitution applies, and just terms must be given.
CONCILIATION AND ARBITRATION
CONCILIATION AND ARBITRATION: EFFECT OF COMMON RULE UNDER NATIONAL SECURITY (INDUSTRIAL PEACE) REGULATIONS: EFFECT AND ENFORCEABILITY AS IF ORDER OF CONCILIATION AND ARBITRATION COURT: WHETHER IMPORTATION OF PENALTIES PRESCRIBED BY COMMONWEALTH CONCILIATION AND ARBITRATION ACT
NATIONAL SECURITY (INDUSTRIAL PEACE) REGULATIONS regs 3, 7: COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904 s 44: NATIONAL SECURITY (COAL MINING INDUSTRY EMPLOYMENT) REGULATIONS: NATIONAL SECURITY (EMPLOYMENT OF WOMEN) REGULATIONS: NATIONAL SECURITY ACT 1940
I refer to your memorandum of 2nd July, 1942 (your 410/3/38) in which you ask for my opinion as to the significance of the judgment recently given by Judge O’Mara on the application under regulation 6 of the National Security (Industrial Peace) Regulations to have the Timber Workers’ Award declared a common rule.(1)
Without giving any final decision on the matter, the Judge, on page 3, said:
DISPOSAL OF FUNDS IN VOLUNTARY POOL
VALIDITY OF PROPOSAL TO GIVE MINISTER DISCRETIONARY POWER TO DISPOSE OF MONEYS STANDING TO CREDIT OF ANY FUND OR POOL: ENTITLEMENT OF TRADER TO RETURN OF MONEYS VOLUNTARILY PAID INTO POOL: COMPULSORY PAYMENT OF FIXED MAXIMUM PRICE INTO POOL UNEXPENDED BALANCE IN WHICH MIGHT BE PAID BY DIRECTION OF MINISTER INTO REVENUE CONSTITUTES TAX
NATIONAL SECURITY (PRICES) REGULATIONS proposed reg 50A
I refer to your memorandum dated 15th October, 1942, forwarding instructions for the amendment of the National Security (Prices) Regulations and I forward herewith twenty copies (including the Reader’s copy) of draft Regulations to give effect thereto.
RESTRICTION OF EMPLOYMENT of DOMESTIC SERVANTS
validity of RESTRICTION OF EMPLOYMENT (DOMESTIC SERVANTS) ORDER: whether regulation for securing the public safety and the defence of the Commonwealth and its Territories
NATIONAL SECURITY (GENERAL) REGULATIONS reg 59: NATIONAL SECURITY ACT 1940 s 5: NATIONAL SECURITY (MAN POWER) REGULATIONS regs 14A, 15
I draw your attention to the abovenamed Order, which was made by the Minister for War Organization of Industry on 2nd December, but has not yet been gazetted.
In making the order the Minister has purported to act under regulation 59 of the National Security (General) Regulations. That regulation contains, inter alia, the following provisions made by Statutory Rules 1942 No. 373:
referral of powers
RELATIONSHIP BETWEEN MATTERS REFERRED UNDER CONSTITUTION s 51 (xxxvii) AND REMAINDER OF CONSTITUTION: RESTRICTIONS AND LIMITATIONS UPON EXERCISE OF COMMONWEALTH POWERS: REFERRAL SUBJECT TO LIMITATION: ‘SUBJECT TO THIS CONSTITUTION’: REPEAL OF ENTRENCHING PROVISION: POWER TO FIX TIME LIMIT FOR REFERENCE: WITHDRAWAL OF REFERRED MATTER
CONSTITUTION ss 51(i), (ii), (iii), (xii), (xvi), (xx), (xxix), (xxx), (xxxi), (xxxiii), (xxxiv), (xxxvii), 92, 99, 105A, 114: proposed COMMONWEALTH POWERS BILL cll 2(b), 2(c), 2(e), 2(g), 2(h), 2(j), 3: COLONIAL LAWS VALIDITY ACT 1865 (U.K.) (28 &29 Vict. c. 63) s 5: STATUTE OF WESTMINSTER 1931 (U.K.) (22 & 23 Geo. V c. 4) s 10
When the States refer matters to the Commonwealth Parliament under section 51 (xxxvii) several legal questions arise which are not as yet covered by authority. This memorandum attempts an answer to some of the questions.
1. What is the relation between the matters ‘referred’ under section 51 (xxxvii) and the remainder of the Constitution?
commonwealth powers bill
commonwealth powers bill: reference of powers: whether bill effective to ensure that reference and laws enacted pursuant thereto are limited to specified five year period
COMMONWEALTH POWERS (WAR) ACT 1915 (NSW): CONSTITUTION s 51(xxxvii)
The Adelaide Advertiser of December 18th published the text of an opinion by Mr. Ligertwood, K.C., that the Commonwealth Powers Bill 1942 as drafted at the recent Convention does not give legal effect to the intention that the reference should be limited in time nor to the intention that laws passed under the reference should cease to have full force and effect after the expiration of the five-year period; and that this is the result of the form in which the Bill is drawn.
commonwealth powers bill
legislative powers of the parliament: reference of matters by states: reference for limited period: meaning of ‘matter’: limitations and conditions on power to legislate as to subject-matter: adoption by state of law on referred matter: revocation of adoption: revocation of reference
CONSTITUTION s 51(i), (ii), (iii), (xxxvii): FEDERAL COUNCIL OF AUSTRALASIA ACT 1885 (U.K.) (48 & 49 Vict. c. 60)
We have read the full text of the opinion given by Mr. Ham, K.C., on this matter on 12th January, 1943.
commonwealth powers bill
legislative powers of the parliament: reference of matters by states: MEANING OF ‘REFERRED’: EFFECT OF REFERRAL ON POWERS OF STATES: RELEVance of federal convention debates: validity of referral for limited period
CONSTITUTION ss 51(ii), (xxxvii), 96, 107, 108: FEDERAL COUNCIL OF AUSTRALASIA ACT 1885 (U.K.) (48 & 49 Vict. c. 60) ss 15, 16
Through the courtesy of the Honourable R.S. Richards, we have had an opportunity of reading a printer’s proof of a speech delivered by the Honourable R.J. Rudall(1) in the South Australian House of Assembly on 27th January last.