ROYAL ASSENT
WHETHER BILLS MUST BE ASSENTED TO BEFORE PARLIAMENT IS DISSOLVED
The Official Secretary to the Governor-General sought advice as to whether Bills must be assented to before Parliament dissolves.
The Official Secretary referred to Vol. 24 of Halsbury p. 268 para. 517 which deals with the effect of a prorogation on unsigned Bills. He stated that on the 15th September, 1937, the then Solicitor-General (Mr. Knowles) concurred in the views set out in the paragraph mentioned.1
Subject: CONTROL OF PRODUCTION AND DISTRIBUTION OF BUILDING MATERIALS
POWER OF COMMONWEALTH PARLIAMENT TO LEGISLATE TO GIVE A COMMONWEALTH AUTHORITY POWER WITH RESPECT TO PRODUCTION AND INTERSTATE DISTRIBUTION OF BUILDING MATERIALS: POWERS OF STATES WITH RESPECT TO INTERSTATE AND INTRASTATE DISTRIBUTION OF BUILDING MATERIALS: FREEDOM OF INTERSTATE TRADE; SCOPE OF DEFENCE POWER IN POST-WAR PERIOD: EXTENT TO WHICH CONTROL OF BUILDING MATERIALS IS WITHIN DEFENCE POWER: PROVISION OF HOUSING FOR RETURNED SERVICEMEN: WHETHER STATE LAW MAY DELEGATE POWER TO A COMMONWEALTH AUTHORITY TO CONTROL INTERSTATE DISTRIBUTION OF BUILDING MATERIALS
CONSTITUTION ss 51(i), (vi), (xxxvii), 92: NATIONAL SECURITY ACT 1939: NATIONAL SECURITY (FEMALE MINIMUM RATES) REGULATIONS: NATIONAL SECURITY (GENERAL) REGULATIONS reg 59: Control of Essential Materials Order made under NATIONAL SECURITY (GENERAL) REGULATIONS reg 59: BUILDING OPERATIONS AND BUILDING MATERIALS CONTROL ACT 1945 (NSW) ss 2, 17, 24
I refer to your telegram of 18th July, 1946, and your letter of 19th June, 1946, asking my advice on certain questions relating to the control of building materials.
The questions on which my advice is required appear to be—
HOUSING: LANDLORD AND TENANT CONTROLS
COMMONWEALTH POWER TO CONTINUE IN POSTWAR PERIOD WARTIME CONTROLS UNDER NATIONAL SECURITY (LANDLORD AND TENNANT) REGULATIONS: REFERRALS OF POWER BY STATE PARLIAMENTS TO COMMONWEALTH OF THE MATTERS OF RENT CONTROL AND TENANCY CONTROL: WHETHER REGULATION OF HOUSING RENTS AND EVICTIONS, AND GENERAL PRICE CONTROL, ARE WITHIN DEFENCE POWER DURING WARTIME AND IN POSTWAR PERIOD: POWERS OF STATES WITH RESPECT TO RENTS AND TENANCIES: WHETHER STATE LAWS RELATING TO RENTS AND TENANCIES MAY CONFER ADMINISTRATIVE POWERS ON COMMONWEALTH AUTHORITIES
CONSTITUTION s 51(vi), (xxxvii): NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS
I refer to your memorandum 540/44 of 23rd July, 1946, asking for advice on the question whether the Commonwealth has power to legislate for the continuance of the controls established under the National Security (Landlord and Tenant) Regulations and, if not, whether there are some alternative means—such as a reference of powers from the States—whereby such power could be obtained.
CONTROL OF LAND PRICES
COMMONWEALTH POWER TO CONTROL LAND PRICES AFTER EXPIRY OF NATIONAL SECURITY ACT 1939: COMMONWEALTH CONTROL OF LAND PRICES DURING WARTIME: SCOPE OF DEFENCE POWER: REFERRALS OF POWER BY STATE PARLIAMENTS TO COMMONWEALTH OF THE MATTER OF CONTROL OF LAND PRICES: REFERRALS BY PARLIAMENTS OF NEW SOUTH WALES, QUEENSLAND, SOUTH AUSTRALIA AND WESTERN AUSTRALIA OF CERTAIN MATTERS RELATING TO PRICES AND PROFITEERING: WHETHER EXISTING REFERRALS BY THOSE STATES WOULD ENABLE COMMONWEALTH TO CONTROL LAND PRICES: VARIATIONS IN TERMS AND DURATION OF STATE REFERRALS
CONSTITUTION s 51(vi), (xxxvii): NATIONAL SECURITY ACT 1939: NATIONAL SECURITY (ECONOMIC ORGANIZATION) REGULATIONS
(1) The Commonwealth has no general power to control land prices. During the war the Commonwealth brought into force, under the National Security (Economic Organization) Regulations, a system of control of the acquisition of land. The control was exercised in such a way as to peg the purchase price of land at the value as at 10th February, 1942.
STATE GOVERNOR ACTING AS ADMINISTRATOR UNDER DORMANT COMMISSION
WHETHER, IN CASE OF GOVERNOR-GENERAL LEAVING AUSTRALIA BEFORE SUCCESSOR IS READY TO TAKE OFFICE, STATE GOVERNOR ACTING AS ADMINISTRATOR FOR THE SECOND TIME UNDER DORMANT COMMISSION IS REQUIRED TO TAKE AGAIN THE OATH OF ALLEGIANCE AND THE OATH OF OFFICE: REQUIREMENT THAT ADMINISTRATOR CAUSE HIS COMMISSION TO BE READ AND PUBLISHED IN THE PRESENCE OF THE CHIEF JUSTICE OR A JUDGE OF THE HIGH COURT OR A STATE SUPREME COURT: ADMINISTRATION OF VICTORIAN GOVERNMENT
LETTERS PATENT CONSTITUTING THE OFFICE OF GOVERNOR-GENERAL dated 29 October 1900 cl VII: ROYAL INSTRUCTIONS TO THE GOVERNOR-GENERAL dated 29 October 1900 cll III and IV:
I refer to your request for my advice on the question whether, if His Royal Highness leaves Australia before a successor in the office of Governor-General is ready to take office, and the Governor of Victoria is called on under his dormant commission to act as Administrator until the new Governor-General takes office, it will be necessary for Sir Winston Dugan to take again the Oath of Allegiance and the Oath of Office which he has already taken on a previous occasion when he acted under his dormant commission.
PRIZE LAW
IMPERIAL ACTS GOVERNING PRIZE LAW IN AUSTRALIA: CIRCUMSTANCES IN WHICH STATE AND NORTHERN TERRITORY SUPREME COURTS MAY EXERCISE JURISDICTION AS PRIZE COURTS: ARRANGEMENTS MADE DURING WORLD WAR II BETWEEN THE UNITED STATES AND AUSTRALIA FOR THE EXERCISE OF CERTAIN JURISDICTION OF PRIZE COURTS
STATUTE OF WESTMINSTER ADOPTION ACT 1942: PROCLAMATION No. 2617 issued by President Roosevelt on 12 August 1944
With reference to your memorandum of 23rd November, 1945, the following information may be of use to Mr. Hogan.
Prize law in Australia is governed by Acts of the Imperial Parliament, although, since the adoption by the Commonwealth of the Statute of Westminster in 1942, the Commonwealth has power to repeal or amend any of those Acts in its application to Australia.
I enclose three copies of a bound volume prepared in 1939 containing copies of the relevant English legislation (with which Mr. Hogan is probably already familiar).
STATE CROWN
WHETHER NATIONAL SECURITY (REINSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS BIND THE CROWN IN RIGHT OF A STATE: POLICY ISSUES RELEVANT TO WHETHER NATIONAL SECURITY (REINSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS SHOULD BE AMENDED TO BIND STATE CROWN EXPRESSLY
NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS: NATIONAL SECURITY (RE-INSTATEMENT IN CIVIL EMPLOYMENT) REGULATIONS
Since the foregoing paragraphs were written1 the High Court has given judgment in Gulson’s case under the Landlord and Tenant Regulations.2 The Court held by majority (Rich, Stark and Williams JJ., Latham C.J. and McTiernan J. dissenting) that those Regulations do not bind the Crown in right of a State, in the absence of express words purporting to do so.
TRADE DESCRIPTIONS: ‘BUTTER SPREAD’
WHETHER THE WORD ‘BUTTER’ USED IN THE DESCRIPTION ‘BUTTER SPREAD’ CONSTITUTES A ‘FALSE TRADE DESCRIPTION’ WITHIN THE MEANING OF COMMERCE (TRADE DESCRIPTIONS) ACT 1905
COMMERCE (TRADE DESCRIPTIONS) ACT 1905
I refer to your memoranda of the 5th and 12th August, 1946, (No. M. 45/7/3) requesting an opinion as to whether the word ‘butter’ used in the description ‘butter spread’1 constitutes a ‘false trade description’ within the meaning of that expression as defined in the Commerce (Trade Descriptions) Act 1905–1933.
The relevant law is sufficiently set out in your memorandum of the 5th August.
ELECTIONS
SENATOR ELECT: DISQUALIFICATION FROM BEING CHOSEN OR SITTING AS A SENATOR: WHETHER A PERSON IS DISQUALIFIED FROM SITTING AS A SENATOR IF THE PERSON HOLDS AN OFFICE OF PROFIT UNDER THE CROWN AFTER DATE OF ELECTION AS A SENATOR AND BEFORE COMMENCEMENT OF TERM ON 1 JULY: ‘INCAPABLE OF BEING CHOSEN OR OF SITTING AS A SENATOR’: ‘HIS PLACE’: CASUAL VACANCIES
CONSTITUTION ss 7, 13, 15, 44, 45
I understand that advice is asked as to whether a person who has been elected as a senator and is desirous of accepting employment in the Commonwealth service for a period expiring not later than the 30th June next would, if he accepted such employment, be disqualified from sitting as a senator from the 1st July.
Hereunder I state my views for your consideration.
Sections 13, 44 and 45 of the Commonwealth Constitution provide (inter alia) as follows:
AUSTRALIAN BROADCASTING COMMISSION
WHETHER AUSTRALIAN BROADCASTING COMMISSION MAY USE OVERSEAS AND AUSTRALIAN NEWS AGENCIES TO COLLECT NEWS
AUSTRALIAN BROADCASTING ACT 1942 s 25
I refer to your letter of 3rd September, 1946, in which you request advice as to the interpretation of section 25 of the Australian Broadcasting Act 1942–1946.
Sub-section (1) of section 25 provides that the Commission shall broadcast daily from all national broadcasting stations regular sessions of news and information relating to current events within the Commonwealth and in other parts of the world.