High Court of Australia
fiw lary Ree | Teneo tee, ERA 246 HIGH COURT {HIGH COURT OF AUSTRALIA.) THE STATE OF NEW SOUTH WALES . pee:
H.C. or A. Constitutional Law—Validity of Commonwealth legislation—State funds—"
1932. oS Sypnry, April 18, 22; May 3.
Gavan Duffy C.J., Rich, Starke, Dixon, Evatt and McTiernan JJ.
AGAINST
THE COMMONWEALTH AND OTHERS
[No. 3.]
standing to the credit of the State" at bank—Attachment by Commonwea Validity—Trust moneys— Public moneys" —Cestuis que trust—Rights aga State—Relation between State and its bankers——The Constitution (63 Vict. c. 12), sec. 1054—Constitution Alteration (State Debts) 1928 (No 1929), sec, 2—Financial Agreements Enforcement Act 1932 (No. 3 of 1 sec, 15*—Acts Interpretation Act 1901-1930 (No. 1 of 1901—No. 23 of 199)
sec. 15a—Andit Act 1902 (N.S.W.) (No. 26 of 1902), secs. 5, 17-21, 30.
Sec. 15 of the Financial Agreements Enforcement Act 1932 is expres empower the Treasurer of the Commonwealth, during the curren¢ proclamation under sec. 7 of that Act, to require the chief executive offi
*The Financial Agreements Enforce- ment Act 1932 provides, by sec. 15, that "(1) At any time during the currency of any proclamation, the 'Treasurer may serve, or cause to be served, upon the chief executive officer in Australia of any corporation carrying on the business of banking, a notice in writing requiring that officer (a) to render forthwith to the Treasurer or to an authorized person a return of the amount of the balance standing to the credit of the State to which the pro- clamation relates, in the books of the corporation, whether upon fixed deposit, current account or otherwise, specifying the amount of the balance standing to the credit of the State under each of
é those heads; and (6) to pay Treasurer or authorized person fo with, or within such period. « is specified in the notice, the who that amount or such part of it specified by the Treasurer in the m and thereafter to pay to the or authorized person, within or to an amount specified in the any further moneys subseq| ceived by the corporation
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