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
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 on the question of State immunities and section 105A of the Constitution in the light of the decisions of the Justices of the High Court and of the arguments already put.
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
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 Schemes. There were present the Treasurer, and the Ministers for Defence, Interior, Post-War Reconstruction, Supply and Development, Shipping and Fuel and Works and Housing together with, in each case, their departmental officers.
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
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 the Department of External Territories, be deported to New Guinea or Papua pursuant to an order under sub-section (5) of that section. In furnishing advice, I shall assume that in any particular case a certificate of exemption has been validly issued and I shall, of course, confine myself to the consideration of the legal interpretation of the sub-section mentioned.
STEVEDORING
WHETHER STEVEDORING INDUSTRY COMMISSION HAS POWER TO PROVIDE FOR ESTABLISHMENT OF MEDICAL CLINICS FOR WATERSIDE WORKERS: FUNCTIONS AND POWERS OF STEVEDORING INDUSTRY COMMISSION
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 waterside workers.
(2)
ALIENS
STATUS OF ENEMY ALIEN MADE STATELESS BY LAW OF ENEMY COUNTRY DURING WAR: TERMINATION OF WAR WITH AUSTRIA
I refer to my memorandum of 3rd March,1 in reply to your memorandum No. 1399 of 20th January.
ELECTIONS
HOUSE OF REPRESENTATIVES ELECTION: WHETHER A CANDIDATE MAY ACT AS HIS OWN SCRUTINEER: MEANING OF ‘REPRESENT’ A PERSON
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 Representatives election could act as Scrutineer on his own behalf at the scrutiny of the votes at that election.
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
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 to us with it. We have also had the opportunity of discussion with the acting Parliamentary Draftsman concerning the legislative authority under which it is proposed that the Bill shall be enacted and also concerning the terms of the Bill.1
ALIENS
WHETHER ALIEN CHILDREN ARE REQUIRED TO BE REGISTERED UNDER ALIENS ACT 1947 UPON ATTAINING AGE OF SIXTEEN
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 sixteen years.
(2) Section 7 of the Act is as follows—
7. (1) Every alien in the Commonwealth at the date of the commencement of this section shall, within the prescribed time and in the prescribed manner, make application to be registered as an alien under this Act.
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
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 Capital Territory, so far as applicable to sub-antarctic areas.
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
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 Telecommunications Commission (Australia), concerning the payment of duty on the importation of goods into the Territory of Papua-New Guinea by the Commission.