Legal Opinions

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91
1849
BANKING
APPEAL TO PRIVY COUNCIL FROM DECISION OF HIGH COURT IN BANK OF NSW V COMMONWEALTH (1948): JOINT OPINION OF J.D. HOLMES AND B.P. MACFARLAN RELATING TO SEVERABILITY OF s 46 OF BANKING ACT 1947: APPLICATION OF COMMON LAW PRINCIPLES, s 15A OF ACTS INTERPRETATION ACT 1901 AND s 6 OF BANKING ACT 1947 TO SEVERABILITY OF s 46 OF BANKING ACT
, HOLMES J.D., MACFARLAN B.P.
24 January 1949
CONSTITUTION s 74: ACTS INTERPRETATION ACT 1901 ss 2(1), 15A: BANKING ACT 1947 ss 6, 46

THE BANKING ACT 1947 JOINT OPINION We have been asked to prepare a memorandum of the arguments which we think could be put advantageously for the appellants and of the appellants’ attitude ge...

92
1850
BANKING
APPEAL TO PRIVY COUNCIL FROM DECISION OF HIGH COURT IN BANK OF NSW V COMMONWEALTH (1948): JOINT OPINION OF J.D. HOLMES AND B.P. MACFARLAN RELATING TO VALIDITY OF s 46 OF BANKING ACT 1947 CONSIDERED IN LIGHT OF PRINCIPLE OF IMPLIED CONSTITUTIONAL IMMUNITIES OF THE STATES FROM COMMONWEALTH LEGISLATION AND s 105A OF CONSTITUTION AND FINANCIAL AGREEMENT 1927: FEDERALISM IN CONSTITUTIONAL INTERPRETATION: CONSTITUTIONAL IMPLICATIONS: STATE BANKING
HOLMES J.D., MACFARLAN B.P.
28 January 1949
CONSTITUTION ss 51(xiii), 105A: BANKING ACT 1947 ss 46, 48: FINANCIAL AGREEMENT made 12 December 1927 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 cl 5(9)

THE BANKING ACT 1947 JOINT OPINION We are asked to prepare a Memorandum of the arguments which we think could be put advantageously for the appellants, and on the appellants’ attitude generally ...

93
1851
SNOWY RIVER DIVERSION SCHEME
COMMONWEALTH POWER TO IMPLEMENT PROPOSED SNOWY RIVER DIVERSION SCHEME: WHETHER SCHEME FALLS WITHIN DEFENCE POWER: REFERRALS OF POWER BY NEW SOUTH WALES AND VICTORIA IN RELATION TO PROPOSED SCHEME
BAILEY Kenneth Hamilton
12 February 1949
CONSTITUTION s 51(vi), (xxxvii)

On 10th February I attended, by the Attorney-General’s direction (in his unavoidable absence), a meeting of the Cabinet Sub-Committee appointed to consider the various Snowy River Diversion Sche...

94
1852
IMMIGRATION
WHETHER CERTAIN PERSONS MAY BE DEPORTED TO PAPUA OR NEW GUINEA: MEANING OF ‘THE COMMONWEALTH’: WHETHER AN ORDER DEPORTING A PERSON TO PAPUA OR NEW GUINEA IS AN ORDER DEPORTING THE PERSON FROM COMMONWEALTH
BAILEY Kenneth Hamilton
25 February 1949
CONSTITUTION covering cll 3, 6: ACTS INTERPRETATION ACT 1901 s 17: IMMIGRATION ACT 1901 s 4

I refer to your memorandum dated 4th February, 1947, requesting advice whether persons whose certificates of exemption under section 4 of the Immigration Act have expired could, with the agreement of ...

95
1853
STEVEDORING
WHETHER STEVEDORING INDUSTRY COMMISSION HAS POWER TO PROVIDE FOR ESTABLISHMENT OF MEDICAL CLINICS FOR WATERSIDE WORKERS: FUNCTIONS AND POWERS OF STEVEDORING INDUSTRY COMMISSION
BAILEY Kenneth Hamilton
01 March 1949
STEVEDORING INDUSTRY ACT 1947 ss 12, 14, 18

I refer to your memorandum dated 11th November, 1948, concerning the question whether the Stevedoring Industry Commission has power to provide for the establishment of medical clinics for use by water...

96
1854
ALIENS
STATUS OF ENEMY ALIEN MADE STATELESS BY LAW OF ENEMY COUNTRY DURING WAR: TERMINATION OF WAR WITH AUSTRIA
LYONS L.D.
01 April 1949

I refer to my memorandum of 3rd March,1 in reply to your memorandum No. 1399 of 20th January. (2)  I should point out that in the case of the King v. The Home Secretary, ex parte L., reporte...

97
1855
ELECTIONS
HOUSE OF REPRESENTATIVES ELECTION: WHETHER A CANDIDATE MAY ACT AS HIS OWN SCRUTINEER: MEANING OF ‘REPRESENT’ A PERSON
WATSON G.A.
09 May 1949
COMMONWEALTH ELECTORAL ACT 1918 ss 108, 110, 130

The Chief Electoral Officer for the Commonwealth has forwarded to me for advice the following communication: At the last General Election the question arose whether a candidate at a House of Represe...

98
1856
SNOWY MOUNTAINS SCHEME
VALIDITY OF SNOWY MOUNTAINS HYDRO-ELECTRIC POWER BILL: COMMONWEALTH CONSTITUTIONAL POWERS SUPPORTING BILL: SCOPE OF DEFENCE POWER: FUNCTIONS OF PROPOSED SNOWY MOUNTAINS HYDRO-ELECTRIC AUTHORITY
, MACFARLAN B.P., TAYLOR Alan Russell
13 May 1949
CONSTITUTION ss 51(vi), (xxxi), (xxxix), 122: SNOWY MOUNTAINS HYDRO-ELECTRIC BILL

We have considered the terms of the Bill relating to the Construction and Operation of Works for the Generation of Hydro-electric Power in the Snowy Mountains Area and the notes which were submitted t...

99
1857
ALIENS
WHETHER ALIEN CHILDREN ARE REQUIRED TO BE REGISTERED UNDER ALIENS ACT 1947 UPON ATTAINING AGE OF SIXTEEN
LYONS L.D.
20 May 1949
ALIENS ACT 1947 ss 4, 7, 8

I refer to your memorandum dated 6th May, 1949, wherein you seek advice as to whether the provisions of the Aliens Act 1947 require the registration of alien children upon their attaining the age of s...

100
1858
TERRITORIES: HEARD AND MACDONALD ISLANDS
WHETHER LAWS OF AUSTRALIAN CAPITAL TERRITORY SHOULD BE APPLIED TO HEARD AND MACDONALD ISLANDS: LAW APPLICABLE TO TERRITORY ACQUIRED BY OCCUPATION: WHETHER SAME LAW SHOULD BE APPLIED TO HEARD AND MACDONALD ISLANDS AS APPLIES TO MACQUARIE ISLAND: LAW IN FORCE ON MACQUARIE ISLAND: LAW PROPOSED TO APPLY IN AUSTRALIAN ANTARCTIC TERRITORY
LYONS L.D.
01 June 1949

I refer to your memorandum, dated 15th January, 1949, in which you request my comments on the suggestion that the laws to be applied to the Islands mentioned should be the laws of the Australian Capit...

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