Opinion Number. 1688

Subject

COMMONWEALTH RAILWAYS PROPOSAL TO SERVE WINES ON TRANS-AUSTRALIAN RAILWAY TO PASSENGERS PARTAKING OF MEALS: POWER TO MAKE BY-LAW PURPORTING TO AUTHORISE DISPOSAL OF WINE IN THIS MANNER: REQUIREMENT FOR LEGISLATION CONFERRING POWER TO SUPPLY WINE WITHOUT CONTRAVENING STATE LEGISLATION

Key Legislation

COMMONWEALTH RAILWAYS ACT 1917

Date
Client
The Secretary, Commonwealth Railways

I am in receipt of your memorandum No. C.R. 7700 dated the 23rd July, 1941, relative to the proposal to serve wines on the Trans-Australian railway to passengers partaking of meals.

I concur in the view expressed by the Deputy Crown Solicitor that it is doubtful whether a by-law purporting to authorise the disposal of wine in this manner could validly be made and consider that an amendment of the Commonwealth Railways Act 1917–1936 conferring the powers sought to be exercised is necessary if wines are to be supplied without contravening State legislation. The opportunity might be taken to confer a direct power to supply meals, refreshments, and tobacco free from the operation of State legislation and I have drawn a Bill accordingly.

Four copies of the draft Bill are forwarded herewith.

[Vol. 34, p. 293]