PRIMARY PRODUCTS: POTATO INDUSTRY: COMMONWEALTH POWER
PROPOSED POSTWAR ORGANISATION OF POTATO INDUSTRY: COMMONWEALTH POWER TO REGULATE POTATO INDUSTRY: FUNCTIONS AND POWERS OF PROPOSED FEDERAL CONTROLLING COMMITTEE, INCLUDING WITH RESPECT TO STATE AUTHORITIES: SCOPE OF COMMONWEALTH’S APPROPRIATION POWER
CONSTITUTION ss 51(i), (vi), 81, 92, 96
I refer to your memorandum dated 7th January, 1946, forwarding for consideration a plan for the post-war organization of the potato industry. The plan appears to comprise four principal matters, as follows:
The Commonwealth has no constitutional power with respect to (a).
CHEQUES AND PROMISSORY NOTES: MONETARY TRANSACTIONS BETWEEN PRISONERS OF WAR
WHETHER CHEQUES AND PROMISSORY NOTES GIVEN IN RESPECT OF TRANSACTIONS BETWEEN PRISONERS OF WAR IN MALAYA ARE ENFORCEABLE IN AUSTRALIA: WHETHER COMMONWEALTH HAS POWER TO MODIFY OR CANCEL RELEVANT OBLIGATIONS
CONSTITUTION s 51(xvi): BILLS OF EXCHANGE ACT 1909 s 77: AUSTRALIAN MILITARY REGULATIONS AND ORDERS para 322A
I refer to your memorandum of 14th November, 1945, asking for advice as to the legal position in regard to certain transactions between prisoners of war in Malaya.
The legal aspects of the matter appear to be –
With regard to the first question, the following considerations appear to be relevant.
AUSTRALIAN NAVAL RESERVE
ROYAL AUSTRALIAN NAVAL VOLUNTEER RESERVE: DURATION OF PERIOD OF ENLISTMENT OF RATINGS ENLISTED DURING WORLD WAR 2: ‘TIME OF WAR’ AND ‘WAR’ IN NAVAL DEFENCE ACT 1901: ‘DURATION OF WAR’ IN TERMS OF ENGAGEMENT OF RATINGS: WHETHER HIS MAJESTY IS STILL ENGAGED IN WAR
NAVAL DEFENCE ACT 1910 s 3
The Secretary, Department of the Navy, has forwarded to me, for advice, the following memorandum:
I desire to inform you that, during hostilities, the period of enlistment for ratings of the Royal Australian Naval Volunteer Reserve was stated in the form of engagement as being for three years or the duration of the war and six months thereafter whichever is the longer.
UNITED NATIONS
DRAFT CONVENTION ON PRIVILEGES AND IMMUNITIES FOR THE UNITED NATIONS: POWER OF COMMONWEALTH TO IMPLEMENT CONVENTION
CONSTITUTION s 51(xxix): CHARTER OF THE UNITED NATIONS art 105
I refer to your memorandum of 18th January, 1946, concerning the draft Convention on privileges and immunities for the United Nations, its officials and representatives of its members.
The only aspect of the matter which appears directly to concern this Department is the question of the power of the Commonwealth to implement, by legislation, the provisions of the Convention.
The provisions of the draft Convention include—
PATENTS
ACQUISITION BY AUSTRALIAN GOVERNMENT OR AUSTRALIAN CITIZENS OF RIGHTS TO PATENTS REGISTERED IN GERMANY: RIGHTS IN AUSTRALIA TO GERMAN PATENTS ALREADY SECURED BY AUSTRALIAN CITIZENS: WHETHER GERMAN REPARATIONS MIGHT ARISE FROM CERTAIN GERMAN PATENTS: PATENTS GRANTED IN AUSTRALIA TO GERMAN CITIZENS OR GERMAN COMPANIES: POSITION WHERE AUSTRALIAN CITIZENS HAVE RIGHT TO USE GERMAN PATENTS ON PAYMENT OF ROYALTIES: POWER OF CONTROLLER OF ENEMY PROPERTY WITH RESPECT TO ROYALTIES PAYABLE BY AUSTRALIAN CITIZENS FOR USE OF GERMAN PATENTS
NATIONAL SECURITY (ENEMY PROPERTY) REGULATIONS
I refer to your memorandum of 12th February, 1946, relating to the decision of Cabinet on Agendum No. 1059 and to outward cablegram No. O.3515 of 28th February.
The matters as to which my views are sought appear to be
STATE CROWN
PUBLIC TRUSTEE OF NEW SOUTH WALES: IMMUNITY OF CROWN IN RIGHT OF NEW SOUTH WALES: WHETHER PUBLIC TRUSTEE OF NEW SOUTH WALES ENJOYS IMMUNITY OF CROWN IN RIGHT OF NEW SOUTH WALES FROM OPERATION OF NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS
NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS
I refer to your recent letter in which you asked, in effect, whether the Public Trustee of New South Wales shares the immunity of the Crown in right of the State from the operation of the National Security (Landlord and Tenant) Regulations. The principle that the Crown is not bound by legislation, unless expressly named, is in recognition of the fact that private interests are subordinate to the public needs.
COMMONWEALTH FINANCIAL ASSISTANCE
PROPOSED COMMONWEALTH GRANTS OF FINANCIAL ASSISTANCE FOR RESEARCH IN RELATION TO AGRICULTURAL MACHINERY AND FOR AGRICULTURAL MACHINERY POOLING SCHEME: WHETHER RESEARCH IS WITHIN THE FUNCTIONS OF THE COMMONWEALTH: FINANCIAL ASSISTANCE TO STATES FOR LONGER-TERM PLAN FOR MACHINERY POOLING: WHETHER INTERIM PLAN FOR MACHINERY POOLING IS WITHIN DEFENCE POWER: SCOPE OF COMMONWEALTH APPROPRIATION POWER
CONSTITUTION ss 51(i), (vi), 81, 96
I refer to your memorandum dated 13th March, 1946, in regard to two draft Cabinet Minutes in relation to Farm Mechanization and Machinery Pooling, respectively.
GUARDIANSHIP OF IMMIGRANT CHILDREN
POWER OF COMMONWEALTH AND STATES TO ENACT LAWS PROVIDING FOR GUARDIANSHIP OF CHILD IMMIGRANTS FROM UNITED KINGDOM: COMMONWEALTH LEGISLATIVE POWER WITH RESPECT TO IMMIGRATION
CONSTITUTION s 51(xxvii): NATIONAL SECURITY (OVERSEAS CHILDREN) REGULATIONS
I refer to your memorandum of 8th March, 1946, asking for advice as to the power of the Commonwealth to enact legislation empowering your Minister to act as the legal guardian of children evacuated to Australia from the United Kingdom under the National Security (Overseas Children) Regulations until they are twenty-one years of age.
Subject: COMMONWEALTH OF AUSTRALIA: STATUS AS A SOVEREIGN NATION
COMMONWEALTH’S STATUS AS A SOVEREIGN NATION IN INTERNATIONAL AND INTER-IMPERIAL RELATIONS: COMMONWEALTH’S STATUS AS A PARTY TO PROCEEDINGS IN ENGLISH COURTS: COMMONWEALTH POLICY IN RELATION TO SUBMISSION TO JURISDICTION OF ENGLISH COURTS: PROCEEDINGS TO BE IN NAME OF THE COMMONWEALTH OF AUSTRALIA: ‘CROWN’ IN UNITED KINGDOM LAWS: WHETHER COMMONWEALTH IS ‘CROWN’ FOR PURPOSES OF MARITIME CONVENTIONS ACT 1911 (UK): SOVEREIGNTY OF BRITISH DOMINIONS: STATUTE OF WESTMINSTER, 1931: BALFOUR DECLARATION 1926: COMMONWEALTH’S STATUS PRIOR TO ADOPTION OF STATUTE OF WESTMINSTER: CONSTITUTIONAL EVOLUTION OF COMMONWEALTH AND OTHER BRITISH DOMINIONS: DOCTRINE OF UNITY OF CROWN THROUGHOUT BRITISH EMPIRE: DOCTRINE OF AUTOMATIC BELLIGERENCY OF BRITISH DOMINIONS: SIGNIFICANCE OF MANNER IN WHICH AUSTRALIA ENTERED WORLD WAR 2 AGAINST GERMANY, JAPAN, ROMANIA, HUNGARY AND FINLAND: SIGNIFICANCE OF AUSTRALIA’S MEMBERSHIP OF UNITED NATIONS: LAWS GOVERNING AGREEMENTS TO WHICH COMMONWEALTH IS A PARTY
CHARTER OF THE UNITED NATIONS ACT 1945: MARITIME CONVENTIONS ACT 1911 (UK): Resolutions passed by Imperial Conferences held in 1926 and 1930: STATUTE OF WESTMINSTER, 1931: STATUTE OF WESTMINSTER ADOPTION ACT 1942
Your letter of the 25th January was duly received, and I confirm my message by cablegram to the High Commissioner for you as follows:
Historian and Port Auckland. Commonwealth is sovereign state and consequence is that Commonwealth is not Crown for purposes Maritime Conventions Act stop Point taken that it is Crown should be abandoned stop Please arrange with Australia House for consultation with Dr. Evatt Attorney-General who is about to leave for London stop Am writing you fully also Australia House.
TRADE AND COMMERCE: ENEMY TERRITORY: ALBANIA
CUSTOMS PROCLAMATION PROHIBITING TRADE WITH PERSONS CARRYING ON BUSINESS IN ‘ENEMY TERRITORY’: WHETHER ALBANIA IS ENEMY TERRITORY
Customs Proclamation No. 498
I refer to your memorandum dated 6th February, 1946, on the above subject.
On 24th July, 1940, the Governor-General, by Customs Proclamation No. 498, prohibited trading with persons carrying on business in enemy territory.
‘Enemy territory’ is defined therein as—
(a) any area which is under the sovereignty of a Power with which His Majesty is for the time being at war, not being an area in the occupation of His Majesty or of a Power allied with His Majesty;