Legal Opinions

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101
1859
OVERSEAS TELECOMMUNICATIONS COMMISSION
LIABILITY OF OVERSEAS TELECOMMUNICATIONS COMMISSION TO CUSTOMS DUTY ON GOODS IMPORTED INTO PAPUA NEW GUINEA: WHETHER GOODS IMPORTED BY COMMISSION ARE IMPORTED ‘BY OR FOR THE USE OF THE COMMONWEALTH GOVERNMENT’ WITHIN THE MEANING OF CUSTOMS TARIFFS OF PAPUA AND NEW GUINEA
WATSON G.A.
07 June 1949
AUSTRALIAN BROADCASTING ACT 1942 s 34: OVERSEAS TELECOMMUNICATIONS ACT 1946 s 50: CUSTOMS TARIFF 1933 (NG) Item 15: CUSTOMS TARIFF 1948 (NG): CUSTOMS TARIFF 1934 (Papua) Item 115(a): CUSTOMS TARIFF (Papua) 1948: CUSTOMS ORDINANCE 1921 (NG) s 119

The Secretary, Department of External Territories has forwarded the following memorandum for advice: Attached is a copy of a communication received from the General Manager, Overseas Telecommunica...

102
1860
CUSTOMS
EXPORT OF FRESH FRUIT: WHETHER WHARF OWNERS MAY BE REQUIRED TO PROVIDE FACILITIES ON WHARVES FOR INSPECTION OF FRESH FRUIT INTENDED FOR EXPORT: MINISTER’S POWER TO REQUIRE ‘SHED ACCOMMODATION FOR THE PROTECTION OF GOODS’ UNDER CUSTOMS CONTROL: WHETHER ‘PROTECTION’ OF GOODS INCLUDES ‘INSPECTION’ OF GOODS: WHEN GOODS BECOME ‘SUBJECT TO THE CONTROL OF THE CUSTOMS’: MEANING OF ‘APPOINTED PLACE’: WHETHER FRESH FRUIT BROUGHT TO A WHARF FOR INSPECTION BEFORE EXPORT IS ‘BROUGHT INTO ANY PRESCRIBED PLACE FOR EXPORT’
WATSON G.A.
08 June 1949
CUSTOMS ACT 1901 ss 19, 30(d), 112: CUSTOMS REGULATIONS reg 23: EXPORTS (FRESH FRUIT) REGULATIONS regs 4, 6, 14, 15(1), 16, 20

The Secretary, Department of Commerce and Agriculture has forwarded the following memorandum for advice: The question has arisen as to whether wharf owners can be required, under the Customs Act, to...

103
1861
IMMIGRATION AND ALIENS
VALIDITY OF DRAFT IMMIGRATION BILL: VALIDITY OF DRAFT WAR-TIME REFUGEES REMOVAL BILL: RELEVANT PROVISIONS OF BILLS DEVELOPED IN RESPONSE TO HIGH COURT DECISION O’KEEFE V CALWELL (1949) 77 CLR 261: MEANING OF ‘IMMIGRATION’: MEANING OF ‘IMMIGRANT’: PROPOSED VALIDATION OF INVALID CERTIFICATE OF EXEMPTION ISSUED UNDER IMMIGRATION ACT 1901: PROCESS BY WHICH AN IMMIGRANT MAY BECOME A MEMBER OF THE COMMUNITY: POWER OF COMMONWEALTH PARLIAMENT TO LEGISLATE WITH RESPECT TO ACQUISITION BY IMMIGRANTS OF MEMBERSHIP OF THE COMMUNITY: POWER OF COMMONWEALTH PARLIAMENT TO MAKE RETROSPECTIVE LAWS: MEANING OF
GARRAN Robert Randolph
08 June 1949
CONSTITUTION s 51(vi), (xix), (xxvii): IMMIGRATION ACT 1901 ss 4, 5(2)

As to those two draft Bills, I am asked to advise— (a)  Whether the Immigration Bill is valid. (b)  Whether the War-Time Refugees Removal Bill is valid as to both classes of ...

104
1862
CUSTOMS
WHETHER s 51(XXXI) OF CONSTITUTION APPLIES TO PROVISION ON WHARFS OF OFFICE FOR CUSTOMS OFFICERS AND SHED ACCOMMODATION FOR PROTECTION OF GOODS: MEANING OF ‘ACQUISITION OF PROPERTY’: OPTION OF A LICENSING SYSTEM FOR WHARFS
BAILEY Kenneth Hamilton
10 August 1949
CONSTITUTION, s 51(xxxi): CUSTOMS ACT 1901, ss 19, 75

I refer to your memorandum (48/2931) of 3rd May, 1949, in which advice is requested as to the liability of your Department to make payment for office and shed accommodation provided by wharf-owners un...

105
1863
IMMIGRATION
VALIDITY OF IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946: PERIOD OF CONTROL OF IMMIGRANTS UNDER COMMONWEALTH POWER WITH RESPECT TO IMMIGRATION: OPERATION OF STATE CHILD WELFARE LAWS IN RELATION TO IMMIGRANT CHILDREN: WHETHER IMMIGRANT CHILDREN ARE WITHIN THE JURISDICTION OF STATES’ CHILDREN’S COURTS: WHETHER MINISTER SHOULD MAKE FRESH DELEGATIONS OF POWERS FOLLOWING AMENDMENT OF ACT
, UNKNOWN
06 September 1949
CONSTITUTION s 51(xxvii): IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946 ss 4, 6, 7, 8, 11, 12: IMMIGRATION (GUARDIANSHIP OF CHILDREN) REGULATIONS regs 4, 6: CHILD WELFARE ACT 1939 (NSW) ss 148, 149

I refer to your memorandum (48/5/63) dated 16th June, 1949, and to earlier correspondence regarding the validity of the abovementioned Act and difficulties arising out of the operation of the Act in r...

106
1864
NORTHERN TERRITORY LEGISLATIVE COUNCIL
POWER OF NORTHERN TERRITORY LEGISLATIVE COUNCIL TO REGULATE ITS PROCEEDINGS: POWER OF LEGISLATIVE COUNCIL TO HOLD SECRET PROCEEDINGS AND TO PROHIBIT DISCLOSURE OF PROCEEDINGS
BAILEY Kenneth Hamilton
23 September 1949
NORTHERN TERRITORY ADMINISTRATION ACT 1910 ss 4R, 4T

I refer to your memorandum dated 4th May, 1949, regarding the question asked by the Administrator of the Northern Territory as to prohibition of the publication of proceedings of secret sessions of th...

107
1865
COMMONWEALTH–STATE ARRANGEMENT
ARRANGEMENT FOR PERFORMANCE OF DUTIES UNDER COMMONWEALTH LAW BY STATE OFFICER
LYONS L.D.
04 October 1949
CENSUS AND STATISTICS ACT 1905 s 6(1): PUBLIC SERVICE ACT 1922 s 78

Your memorandum dated 25th August, 1949, states the Governor-General in Council has approved the making of an arrangement under section 78 of the Commonwealth Public Service Act 1922–1948 for th...

108
1866
NORTHERN TERRITORY
WHETHER A MEMBER OF THE NORTHERN TERRITORY LEGISLATIVE COUNCIL HOLDS AN OFFICE OF PROFIT UNDER THE CROWN: WHETHER RECEIPT OF PARLIAMENTARY ALLOWANCE BY THE MEMBER OF THE COMMONWEALTH PARLIAMENT FOR THE NORTHERN TERRITORY IS THE TAKING OF A ‘FEE OR HONORARIUM FOR SERVICES RENDERED TO THE TERRITORY’: ROLE OF ATTORNEY-GENERAL’S DEPARTMENT IN ADVISING ON s 44 OF CONSTITUTION: MEANING OF ‘HOLDS ANY OFFICE OF PROFIT UNDER THE CROWN’
BAILEY Kenneth Hamilton
10 October 1949
CONSTITUTION ss 44 (iv), 46: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910 ss 4H, 4K

I refer to your memorandum dated 28th June, 1949, addressed to the Crown Solicitor, in regard to the following questions: (1)  Is an elected member of the Northern Territory Legislative C...

109
1867
WHEAT STABILISATION
PRICE AT WHICH WHEAT MAY BE SUPPLIED BY AUSTRALIAN WHEAT BOARD FOR SALE IN TASMANIA: WHETHER AUSTRALIAN WHEAT BOARD MAY SUPPLY WHEAT FOR CONSUMPTION IN TASMANIA BY SALE IN OTHER STATES: WHETHER MINISTER HAS POWER TO DIRECT AUSTRALIAN WHEAT BOARD TO SUPPLY TASMANIAN MARKET FOR WHEAT FROM STOCKS IN TASMANIA: FREEDOM OF INTERSTATE TRADE: COMMONWEALTH–STATE COOPERATIVE SCHEME: PRICE FOR SUPPLY BY AUSTRALIAN WHEAT BOARD OF WHEAT FOR CONSUMPTION IN AUSTRALIA
, BAILEY Kenneth Hamilton
26 October 1949
CONSTITUTION s 92: WHEAT STABILIZATION ACT 1948 s 13: WHEAT STABILIZATION ACT 1948 (SA): WHEAT STABILIZATION ACT 1948 (Tas): WHEAT STABILIZATION ACT 1948 (Vic) ss 4, 14S

I refer to your memorandum dated 18th October, 1949, regarding the price at which wheat is to be supplied by the Australian Wheat Board for sale in Tasmania. (2)  Included in your memorandu...

110
1868
AUSTRALIAN NATIONAL UNIVERSITY
WHETHER AUSTRALIAN NATIONAL UNIVERSITY IS A COMMONWEALTH AUTHORITY FOR PURPOSES OF COMMONWEALTH EMPLOYEES’ FURLOUGH ACT 1943: FACTORS RELEVANT TO WHETHER A STATUTORY BODY IS A COMMONWEALTH AUTHORITY
RENFREE H.E.
02 December 1949
AUSTRALIAN NATIONAL UNIVERSITY ACT 1946 ss 23, 24: COMMONWEALTH EMPLOYEES’ FURLOUGH ACT 1943 s 5

I refer to your letter dated 30th September, 1949, requesting my advice whether the Australian National University is an authority of the Commonwealth for the purposes of section 5 of the Commonwealth...

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