USE OF WORD ‘COMMONWEALTH’ IN NAMES OF COMPANIES
COMPANIES ACTS OF STATES: APPLICATIONS FOR REGISTRATION OF COMPANIES UNDER NAME WHICH INCLUDES ‘COMMONWEALTH’: ACTIONS TAKEN BY STATES TO PREVENT USE OF ‘COMMONWEALTH’ IN REGISTERED NAMES OF COMPANIES
COMPANIES ACT 1936 (NSW): COMPANIES ACT 1939 (Tas): COMPANIES ACT 1938 (Vic) ss 17(2), 353: COMPANIES ACT 1943 (WA): COMPANIES ACT AMENDMENT ACT 1939 (SA)
I refer to your letter of 28th February, 1946, relating to the use of the word ‘Commonwealth’ in the name of any company seeking registration under the Companies Act 1938 of Victoria.
In 1939 the Premier of your State asked for the expression of the views of the Commonwealth authorities on an application made by a company for the consent of the Governor-in-Council of Victoria to use the word ‘Commonwealth’ as part of its name.
WHALING
SCOPE OF COMMONWEALTH’S EXTERNAL AFFAIRS POWER: RATIFICATION BY AUSTRALIA OF AGREEMENTS AND PROTOCOLS RELATING TO WHALING: VALIDITY OF LEGISLATION GIVING EFFECT TO AGREEMENTS AND PROTOCOLS
CONSTITUTION s 51(xxix): INTERNATIONAL AGREEMENT FOR THE REGULATION OF WHALING done at London on 8 June 1937
I refer to your memorandum dated 25th January, 1946, in connexion with the ratification, by Australia, of certain Agreements and Protocols relating to whaling.
Under placitum (xxix) of section 51 of the Constitution, the Commonwealth has power to make laws for the peace, order and good government of the Commonwealth with respect to external affairs.
PARLIAMENTARY POWERS AND PRIVILEGES
BROADCASTING OF PROCEEDINGS OF HOUSE OF REPRESENTATIVES: WHETHER MEMBERS OF PARLIAMENT ARE PROTECTED IN RESPECT OF BROADCASTING OF DEFAMATORY STATEMENTS MADE DURING PARLIAMENTARY PROCEEDINGS: BILL TO PROTECT AUSTRALIAN BROADCASTING COMMISSION AND COMMONWEALTH AGAINST PROCEEDINGS IN RESPECT OF DEFAMATORY STATEMENTS IN BROADCASTS OF PARLIAMENTARY PROCEEDINGS: OWNERSHIP OF PHYSICAL RECORDS OF BROADCASTS OF PARLIAMENTARY PROCEEDINGS
I refer to your letter dated 26th June, 1946, in which you quote two questions asked by members of the House of Representatives concerning the experimental recordings now being made of the broadcasting of the proceedings of the House. You asked me to examine the questions and to advise you as to the legal position.
RE-ESTABLISHMENT AND EMPLOYMENT
WHETHER FOR PURPOSES OF s 10 OF RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 HIS MAJESTY HAS CEASED TO BE ENGAGED IN WAR AND WHETHER s 28 OF THAT ACT APPLIES ONLY TO A PERSON ENTITLED TO PREFERENCE
RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 ss 10, 28
I refer to your memorandum of 9th January, 1946, regarding the interpretation of sections 10 and 28 of the abovementioned Act.
The question in regard to section 10 is, in effect, whether His Majesty has ceased to be engaged in war. The view of this Department is that His Majesty is still engaged in war and will continue to be so engaged until some formal act is taken to end the present state of war.
INTERNATIONAL COURT OF JUSTICE
WHETHER AUSTRALIAN GOVERNMENT SHOULD SUPPORT PROPOSED APPLICATION BY SWITZERLAND TO BECOME A PARTY TO THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE: POSSIBLE CONDITIONS APPLICABLE TO BECOMING A PARTY: AUSTRALIAN GOVERNMENT POLICY SUPPORTING ENLARGEMENT OF PLACE OF LAW IN INTERNATIONAL AFFAIRS AND RESORT TO INTERNATIONAL COURT OF JUSTICE
CHARTER OF THE UNITED NATIONS arts 4, 93, ch XIV: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE art 4(3)
(1) In my opinion the Australian Government should support the proposed application by Switzerland to become a party to the Statute of the International Court of Justice, subject of course to conditions to be determined in accordance with Article 93 of the Charter. Australian policy as formulated by the Minister at San Francisco and elsewhere has included explicit enlargement of the place of law in international affairs, and of resort to the International Court in particular.
CONSTITUTIONAL AMENDMENT
PROPOSED LAWS TO ALTER THE CONSTITUTION PASSED BY SENATE AND HOUSE OF REPRESENTATIVES: OBJECT OF SUBMITTING PROPOSED LAWS TO GOVERNOR-GENERAL: EXERCISE OF GOVERNOR-GENERAL’S POWERS UNDER s 58 OF THE CONSTITUTION: WHETHER s 58 OF THE CONSTITUTION APPLIES IN RELATION TO PROPOSED LAWS TO ALTER THE CONSTITUTION
CONSTITUTION s 58: CONSTITUTION ALTERATION (POST-WAR RECONSTRUCTION AND DEMOCRATIC RIGHTS) 1944: REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 s 5
I have the honour to acknowledge receipt of a letter dated 24th June, 1946, from the Official Secretary to Your Royal Highness transmitting a copy of each of three proposed laws to alter the Constitution which have been passed by the Senate and the House of Representatives of the Commonwealth, and communicating to me Your Royal Highness’s desire that I should peruse the measures and furnish certain advice.1
BIRTHS, DEATHS AND MARRIAGES
COMMONWEALTH POWER TO LEGISLATE TO ESTABLISH REGISTER OF BIRTHS, DEATHS AND MARRIAGES: WHETHER COMMONWEALTH HAS POWER TO MAKE EXTRACTS FROM REGISTER PRIMA FACIE EVIDENCE IN COURTS: WHETHER STATE LEGISLATION WOULD ALSO BE NECESSARY: SCOPE OF COMMONWEALTH’S CENSUS AND STATISTICS POWER
CONSTITUTION s 51(xi)
I refer to your minute dated 14th June, 1946, forwarding correspondence in connexion with the suggestion of Mr. X that the Commonwealth take over the registration of births, deaths and marriages.
The general question as to the desirability of such action is one of policy which does not appear to come within the province of this Department, and I propose to confine myself to the legal aspects of the matter.
MANUFACTURE OF HOUSES
WHETHER COMMONWEALTH HAS POWER TO ENGAGE IN THE MANUFACTURE OF HOUSES: COMMONWEALTH REGULATION OF THE RIGHTS OF LANDLORDS AND TENANTS: DEFENCE POWER: EXTENT OF INCIDENTAL POWER: REFERRALS OF POWER TO COMMONWEALTH BY STATES
CONSTITUTION ss 51(vi), (xxxvii): NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS
I refer to your memorandum dated 3rd July, 1946, in which you asked for advice as to whether it is within the powers of the Commonwealth to enter into the manufacture of prefabricated houses. It is regretted that pressure of work arising from the present sittings of Parliament has prevented earlier consideration being given to your memorandum. For the like reason, I do not propose to furnish a formal opinion but shall state my views shortly in this memorandum.
AVIATION
REGULATION OF INTRASTATE AIR NAVIGATION: PROPOSAL FOR REFERRAL TO COMMONWEALTH BY STATE PARLIAMENTS OF MATTERS WITH RESPECT TO INTRASTATE AIR NAVIGATION: EFFECT WHERE ONLY SOME STATE PARLIAMENTS REFER POWER: WHETHER A STATE PARLIAMENT MAY UNILATERALLY REVOKE A REFERRAL
CONSTITUTION s 51 (xxxvii): COMMONWEALTH POWERS ACT 1943 (Vic)
I refer to your memorandum No. 192/101/1045 of 24th July requesting my advice on certain questions arising out of the proposal that the State Parliaments should refer matters with respect to intra-state air navigation to the Commonwealth Parliament.
The questions on which my advice is sought are:
(a) Whether in the event of any State Parliaments passing such legislation, the transference would be effective as regards those States which had passed the legislation even though other States may not have similarly referred matters to the Commonwealth.
PARLIAMENTARY POWERS AND PRIVILEGES
WHETHER PRIVILEGE EXTENDS TO PUBLICATION OF EXTRACTS FROM REPORTS OF PROCEEDINGS OF COMMONWEALTH PARLIAMENT OR COMMITTEES APPOINTED BY IT CONTAINING DEFAMATORY STATEMENTS: QUALIFIED PRIVILEGE PROVIDED BY STATE PARLIAMENTS FOR PUBLICATION OF EXTRACTS FROM PROCEEDINGS
PARLIAMENTARY PAPERS ACT 1940 (UK)
I refer to your oral request for advice as to whether any privilege can be claimed in respect of the publication of extracts from reports of proceedings of the Parliament of the Commonwealth or Committees appointed by it which contain defamatory statements.