Legal Opinions

Opinion Number. 1757

Subject

DEFENCE FORCE
ADMINISTRATION OF THE AUSTRALIAN ARMY: RESPONSIBILITIES AND POWERS OF COMMANDER-IN- CHIEF OF THE AUSTRALIAN MILITARY FORCES AND PERMANENT HEAD OF THE DEPARTMENT OF THE ARMY: WHETHER AUSTRALIAN MILITARY FORCES FORM PART OF THE DEPARTMENT OF THE ARMY: ROLE OF THE MINISTER FOR THE ARMY:

AuthorEVATT Herbert Vere | Date
Key Legislation

CONSTITUTION ss 64, 68: DEFENCE ACT 1903 s 8: PUBLIC SERVICE ACT 1902 s 12(2): PUBLIC SERVICE ACT 1922 s 25(2)

I have considered the correspondence in relation to this matter of which you have forwarded a copy to me for my views.

Actually, two matters are discussed in the correspondence:

1.  The relative administrative responsibilities of the Commander-in-Chief and the Permanent Head;

2.  The system of store accounting and audit in the Army Ordnance Services.

Opinion Number. 1758

Subject

DISTRIBUTION OF COAL IN PEACE TIME: POWERS OF COMMONWEALTH AND STATES
POWERS OF COMMONWEALTH AND STATES TO CONTROL INTERSTATE AND INTRASTATE DISTRIBUTION OF COAL IN PEACE TIME: EXTENT TO WHICH COMMONWEALTH PARLIAMENT MAY RELY ON DEFENCE POWER TO CONTROL DISTRIBUTION IN PEACE TIME: POWER OF COMMONWEALTH OR STATUTORY BODY ESTABLISHED BY COMMONWEALTH TO ENGAGE IN INTERSTATE COAL TRADE: FREEDOM OF INTERSTATE TRADE: COMMONWEALTH POWER TO CONTROL DISTRIBUTION OF COAL BY TRADING CORPORATIONS: COMPULSORY ACQUISITION OF COAL BY A STATE: COMMONWEALTH POWER TO ESTABLISH A BODY TO CARRY ON BANKING BUSINESS: COMMONWEALTH POWER WITH RESPECT TO INSURANCE

Author | Date
Key Legislation

CONSTITUTION ss 51(i), (vi), (xiv), (xx), 92, 99, 109

NOTES ON POWER TO CONTROL DISTRIBUTION OF COAL IN PEACE TIME

Defence Power.

The defence power would not authorize general legislation to control the distribution of coal in peace time. The Commonwealth could, no doubt, enact suitable legislation to obtain supplies of coal for purposes directly within the defence power, as, for example, for use for naval shipping purposes or in munitions factories.

Trade and Commerce Power.