Legal Opinions

Opinion Number. 1809

Subject

ELECTIONS: DISQUALIFICATION FROM SITTING AS SENATORACCEPTANCE BY SENATOR OF SEAT ON BOARD OF DIRECTORS OF A HOLDING COMPANY: WHETHER SENATOR WOULD HAVE A DIRECT OR INDIRECT PECUNIARY INTEREST IN AGREEMENT WITH PUBLIC SERVICE OF COMMONWEALTH IF SUBSIDIARY OF HOLDING COMPANY SELLS GOODS TO COMMONWEALTH

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

CONSTITUTION ss 44, 45: LOCAL GOVERNMENT ACT 1906 (NSW) s 70

I refer to your letter of 5th June, 1947, requesting my advice on the question of whether the acceptance by you of a seat on the Board of Directors of a certain company would endanger your qualification to remain a member of the Senate. It is noted that the company is in the nature of a holding company, holding the controlling interest in four trading companies, one of which will probably supply, among other customers, Government Departments with some electrical goods.

Opinion Number. 1810

Subject

PARLIAMENTARY ALLOWANCESEFFECTIVENESS OF DEED EXECUTED BY MEMBER OF HOUSE OF REPRESENTATIVES RENOUNCING INCREASES IN PARLIAMENTARY ALLOWANCES WHILE COMMONWEALTH WAGE RESTRICTIONS ARE IN FORCE

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

PARLIAMENTARY ALLOWANCES ACT 1947

I refer to your memorandum J. 207/149 with regard to a deed executed by the Hon A.B., MP and purporting to renounce all right to a portion of the Parliamentary allowance becoming due to him.

(2)  It may be convenient to set out the text of the deed in full:

Opinion Number. 1811

Subject

PENSIONSRELIEF PAYMENTS MADE BY UNITED KINGDOM FOREIGN OFFICE AT REQUEST OF AUSTRALIA TO AUSTRALIANS IN OCCUPIED COUNTRIES: WHETHER PAYMENTS SO MADE ARE DEDUCTIBLE FROM ARREARS OF PENSION: REIMBURSEMENT BY AUSTRALIA OF UNITED KINGDOM FOREIGN OFFICE: INALIENABILITY OF PENSION: WHETHER RELIEF PAYMENTS CONSTITUTE PAYMENT OF PENSION

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

AUSTRALIAN SOLDIERS REPATRIATION ACT 1920 s 52

I refer to your memorandum, dated 23rd December, 1946, in regard to the above-mentioned question.

(2)  It appears that the Foreign Office, at the request of the Deputy Commissioner of Pensions, London, made maintenance payments to Australian pensions while in enemy occupied countries. The question has been asked whether it would be in order to reimburse the Foreign Office from arrears of pension due to the pensioners.

(3)  The cases may be divided into two classes, namely:

Opinion Number. 1812

Subject

POSSIBLE ALTERATION OF THE CONSTITUTIONSCOPE OF POSSIBLE PLACITUM IN s 51 OF CONSTITUTION WORDED AS ‘PRICES (INCLUDING RENTS)’: MEANING OF ‘PRICES’: MEANING OF ‘RENTS’: WHETHER WORD ‘PRICES’ INCLUDES REMUNERATION FOR SUPPLY OF SERVICES, PROFESSIONAL FEES, REMUNERATION UNDER CONTRACTS OF SERVICE, SHARE PRICES, INTEREST ON LOANS: WHETHER WAGES MAY BE CONTROLLED AS INCIDENTAL TO PRICE CONTROL: WHETHER EVICTIONS MAY BE CONTROLLED AS INCIDENTAL TO RENT CONTROL: WHETHER s 99 OF CONSTITUTION WOULD APPLY TO LAWS MADE UNDER A COMMONWEALTH POWER WITH RESPECT TO PRICES: FREEDOM OF INTERSTATE TRADE AND COMMERCE: APPROPRIATION POWER: INCIDENTAL POWER

AuthorCOMANS Charles | Date
Key Legislation

CONSTITUTION ss 81, 92, 99: NATIONAL SECURITY (ECONOMIC ORGANIZATION) REGULATIONS: NATIONAL SECURITY (LANDLORD AND TENANT) REGULATIONS: NATIONAL SECURITY (PRICES) REGULATIONS: MONOPOLIES ACT 1923 (NSW): PROFITEERING PREVENTION ACT 1920 (Qld): GOODS AND SERVICES (PRICE CONTROL) ACT 1941 (UK) ss 2, 20

The following observations are offered as to the probable scope of a placitum in section 51 of the Constitution worded ‘Prices (including rents)’.

 

SCOPE OF WORD ‘PRICES’.

1. General.

Opinion Number. 1813

Subject

PETITIONSWHETHER ANY RULE OF LAW OR CONSTITUTIONAL PRACTICE REQUIRES A PETITIONER TO BE GIVEN THE OPPORTUNITY TO SUBMIT A PETITION TO THE GOVERNOR-GENERAL IN PERSON AND TO MAKE ORAL STATEMENTS

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

I refer to your letter of 28th June, concerning the letter addressed to His Excellency the Governor-General by Mr. W. Currey, M.L.A. with reference to a petition proposed to be presented to His Excellency by Mr. X.

I am not aware of any rule either of law or constitutional practice which would require His Excellency to afford Mr. X. an opportunity of submitting a petition in person and to make an oral statement in regard thereto.

Opinion Number. 1814

Subject

FLAX INDUSTRYCOMMONWEALTH POWER WITH RESPECT TO REGULATION OF FLAX INDUSTRY: DEFENCE POWER

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

With reference to your memorandum dated 24th June, 1947, flax is, I understand, an essential raw material in defence equipment, being used for linen fabric for aeroplanes, parachute harness, web equipment, thread for boots and uniforms, canvas for tents, gun covers, hammocks, and fire hose, and for many kinds of cordage. In those circumstances it appears to me to be within the constitutional power of the Commonwealth to foster and develop the flax industry in Australia, so far as is necessary for defence purposes.

Opinion Number. 1815

Subject

SHIPPINGPOWERS OF MARITIME INDUSTRY COMMISSION: WHETHER MARITIME INDUSTRY COMMISSION HAS POWER TO MAKE AN ORDER APPLICABLE TO A SPECIFIC SHIP REQUIRING A WHOLLY AUSTRALIAN CREW: SCOPE OF DEFENCE POWER: COMMONWEALTH PARLIAMENT’S POWER TO LEGISLATE IN RELATION TO CREWS ON VESSELS ENGAGED IN OVERSEAS TRADE

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

CONSTITUTION s 51 (i), (vi): NATIONAL SECURITY (MARITIME INDUSTRY) REGULATIONS regs 2, 7

I refer to your memorandum, dated 30th November, 1946, concerning the employment of a white crew on the ‘Mangola’.

(2)  It is clear that the ‘Mangola’ is a ‘ship’ within the meaning of the National Security (Maritime Industry) Regulations.

(3)  The Maritime Industry Commission is authorized to make an order applicable to the ‘Mangola’ under regulation 7 in relation to any of the matters specified in paragraphs (a) to (1) of sub-regulation (1) for the purposes mentioned in regulation 2.

Opinion Number. 1816

Subject

TRANSFER OF STATE DEPARTMENTS TO COMMONWEALTHRECORDS HELD BY STATE DEPARTMENT THAT IS TRANSFERRED TO COMMONWEALTH: WHETHER COMMONWEALTH OR MITCHELL LIBRARY SYDNEY IS ENTITLED TO POSSESSION OF CREW AND PASSENGER SHIPPING RECORDS DATING FROM BEFORE 1922: EFFECT OF TRANSFER FROM CUSTOMS DEPARTMENT TO MITCHELL LIBRARY OF CERTAIN CREW AND PASSENGER SHIPPING RECORDS WITH COMMONWEALTH CONSENT: CIRCUMSTANCES IN WHICH STATE RECORDS HELD BY TRANSFERRED DEPARTMENT MAY VEST IN COMMONWEALTH: AGREEMENT BETWEEN COMMONWEALTH AND STATE TO TRANSFER STATE DEPARTMENT TO COMMONWEALTH: COMMONWEALTH AND NEW SOUTH WALES ARCHIVAL REPOSITORIES

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

CONSTITUTION ss 69, 85: NAVIGATION ACT 1912 s 13

The Librarian of the Parliament of the Commonwealth has forwarded to me for advice the following communication:

The question of disposal of records transferred from State to Commonwealth on the occasion of the transfer of departments has been raised recently and I would appreciate a legal opinion on the matter.

The following are the relevant facts:

Opinion Number. 1817

Subject

FLAX INDUSTRYCOMMONWEALTH POWER TO LEGISLATE TO IMPLEMENT SPECIFIC PROPOSALS FOR REGULATION OF THE FLAX INDUSTRY: WHETHER STATE REFERENCES IN RELATION TO THE FLAX INDUSTRY SHOULD BE SOUGHT: SCOPE OF DEFENCE POWER

AuthorMcKENNA N.K. | Date
Key Legislation

I refer to your letter dated 22nd July, 1947, in which you asked me to examine the question whether it is constitutionally possible for the Commonwealth to retain control over the flax industry. On 24th June, 1947, the Secretary of your Department, in a memorandum to the Secretary, Attorney-General’s Department, asked that this matter be considered and on 24th July, 1947, a memorandum was sent in reply.1 I attach a copy of the latter memorandum for convenience of reference.

Opinion Number. 1818

Subject

NATIONALITYEFFECT ON A PERSON’S STATUS AS A BRITISH SUBJECT UNDER AUSTRALIAN LAW OF BEING GRANTED A CERTIFICATE OF NATURALISATION IN GERMANY IN 1940Author: BAILEY Kenneth Hamilton

AuthorBAILEY Kenneth Hamilton | Date
Key Legislation

I refer to your letter herein of the 10th. March, last in which you request advice as to the nationality of X. I assume that X. was of British nationality by virtue of his birth in Australia. It appears that he was granted a certificate of naturalization in Germany in 1940.