INTERSTATE AND OVERSEAS SHIPPING
WHETHER COMMONWEALTH DEPARTMENT MAY OPERATE INTERSTATE, OVERSEAS AND TERRITORIES SHIPPING SERVICE: WHETHER COMMONWEALTH MAY ENGAGE IN INTERSTATE TRADE AND COMMERCE AS AN EXERCISE OF EXECUTIVE POWER OR REQUIRES STATUTORY AUTHORISATION OTHER THAN APPROPRIATION ACT: SCOPE OF EXECUTIVE POWER OF COMMONWEALTH: APPROPRIATION ‘FOR THE PURPOSES OF THE COMMONWEALTH’: APPROPRIATION FOR CONDUCT BY COMMONWEALTH EXECUTIVE OF A SHIPPING SERVICE: WHETHER ADMINISTRATIVE ARRANGEMENTS ORDER SHOULD REFER TO DEPARTMENTAL FUNCTION OF PROVISION OF SHIPPING SERVICES
CONSTITUTION ss 61, 64, 81: SHIPPING ACT 1949: NATIONAL SECURITY (SHIPPING CO-ORDINATION) REGULATIONS
I have received the following memorandum from the Secretary, Department of Fuel, Shipping and Transport, for advice:
The Government is at present considering the possibility of its continuing to operate Commonwealth owned and chartered vessels which are at the moment being operated by the Australian Shipping Board, constituted under the National Security (Shipping Co-ordination) Regulations.
PHARMACEUTICAL BENEFITS
PROVISION OF PHARMACEUTICAL BENEFITS TO HOSPITAL PATIENTS: WHETHER PROVISION MAY BE MADE UNDER NATIONAL HEALTH SERVICE ACT 1948: WHETHER PROVISION CONSTITUTES ‘MEDICAL SERVICES’: OVERLAPPING NATURE OF PHARMACEUTICAL BENEFITS, SICKNESS BENEFITS, HOSPITAL BENEFITS, MEDICAL SERVICES AND DENTAL SERVICES IN s (xxiiiA) OF CONSTITUTION
CONSTITUTION s 51(xxiiiA): NATIONAL HEALTH SERVICE ACT 1948 ss 7(1), 22(a)(i): PHARMACEUTICAL BENEFITS ACT 1944
I refer to your memorandum of 27th October, 1950, requesting advice whether the provision of pharmaceutical benefits to patients in non-public wards of approved hospitals could be achieved entirely by regulation under the National Health Service Act, without invoking any powers under the Pharmaceutical Benefits Act or Regulations at all. I would answer this question in the affirmative.
ACQUISITION OF PROPERTY
VALIDITY OF CONTROL OF DEFENCE AREAS REGULATIONS: WHETHER PROHIBITION ON BUILDING OIL STORAGE OR LIMITS ON BUILDING HEIGHTS EFFECTS AN ACQUISITION OF PROPERTY: MEANING OF ‘ACQUISITION OF PROPERTY’: EFFECT OF REPEAL OF REGULATION-MAKING POWER ON REGULATIONS MADE UNDER THE POWER
CONSTITUTION s 51(xxxi): CONTROL OF DEFENCE AREAS REGULATIONS regs 6, 7
I refer to previous correspondence in which you sought my advice as to whether the Control of Defence Areas Regulations might be invalid because they are a law with respect to the acquisition of property and at the same time fail to satisfy the constitutional requirement of just terms.
BORROWING BY COMMONWEALTH
LOAN AGREEMENT BETWEEN COMMONWEALTH AND INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT: OPINION REQUIRED BY BANK THAT COMMONWEALTH’S OBLIGATIONS UNDER AGREEMENT ARE VALID AND BINDING: STEPS REQUIRED FOR LOAN AGREEMENT TO BE BINDING ON COMMONWEALTH: OPERATION OF s 105A OF CONSTITUTION: SCOPE OF 1927 FINANCIAL AGREEMENT BETWEEN COMMONWEALTH AND STATES: WHETHER LOANS FOR DEFENCE PURPOSES ARE WITHIN SCOPE OF FINANCIAL AGREEMENT: FUNCTIONS OF AUSTRALIAN LOAN COUNCIL: SCOPE OF COMMONWEALTH EXECUTIVE POWER: ENFORCEMENT ACTION BY BONDHOLDER AGAINST COMMONWEALTH
CONSTITUTION ss 51(iv), 83, 105A: FINANCIAL AGREEMENT ACT 1944 s 4: FINANCIAL AGREEMENT VALIDATION ACT 1929: JUDICIARY ACT 1903 ss 56, 64: Loan Agreement between Commonwealth of Australia and International Bank for Reconstruction and Development dated 22 August 1950: FINANCIAL AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA, THE STATE OF NEW SOUTH WALES, THE STATE OF VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF SOUTH AUSTRALIA, THE STATE OF WESTERN AUSTRALIA and THE STATE OF TASMANIA dated 12 December 1927 cll 3, 4, 13
Under a decision of the Australian Loan Council, the Commonwealth is to borrow from the International Bank for Reconstruction and Development the sum of 100,000,000 dollars. The terms and conditions upon which the borrowing will be made are contained in a Loan Agreement entered into by the Commonwealth with the Bank on 22 August, 1950.1 Loan Regulations No. 3 of the Bank have been accepted by the parties to the Agreement, with the same force and effect as if the Regulations were fully set forth in the Agreement (section 1.02 of Agreement).
SHIPPING
COMMONWEALTH POWER TO LEGISLATE WITH RESPECT TO COMPENSATION FOR PLUNDER OF WRECKS: SCOPE OF INTERSTATE AND OVERSEAS TRADE AND COMMERCE POWER
CONSTITUTION ss 51(i), 81, 98: NAVIGATION ACT 1912 ss 2(2), 329: MERCHANT SHIPPING ACT 1894 (UK) s 515
The Secretary, Department of Fuel, Shipping and Transport, has forwarded for advice the following memorandum:
IMPLIED REPEAL BY LATER ACT
WHETHER CONCILIATION AND ARBITRATION ACT 1904 REPEALED TRADE UNION ACT 1876 (SA) IN ITS APPLICATION TO NORTHERN TERRITORY AND TRADE UNION ORDINANCE 1922: WHETHER TRADE UNION ACT 1876 (SA) IN ITS APPLICATION TO NORTHERN TERRITORY AND TRADE UNION ORDINANCE 1922 SHOULD BE REPEALED
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904 ss 66–96: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910: TRADE UNION ACT 1876 (SA) ss 2, 3, 6–12: TRADE UNION ORDINANCE 1922
I refer to your memorandum of 23rd November 1950, in which you ask my advice as to whether the Trade Union Act 1876 (South Australia) in its application to the Territory, as modified and added to by the Trade Union Ordinance 1922, has been superseded by the Commonwealth Conciliation and Arbitration Act 1904–1947, which applies to the Territory by virtue of section 6 of the Northern Territory (Administration) Act 1910–1947.