PUBLIC SERVANT
WHETHER STATE OFFICER MAY PERFORM COMMONWEALTH DUTIES
ACTS INTERPRETATION ACT 1901, ss. 20, 33 : CUSTOMS ACT 1901, s. 4 : COMMONWEALTH PUBLIC SERVICE ACT 1902, ss. 35, 36
The Public Service Commissioner:
The Public Service Commissioner forwards the following memo for advice:
It being necessary for the protection of the Revenue to appoint a Customs Officer at Penola, South Australia, it is proposed to select for the position Mr A., the Postmaster at the place named.
NATURALIZATION
WHETHER NATURALIZATION BY STATE EXTENDS THROUGHOUT COMMONWEALTH : WHETHER PERSON SO NATURALIZED QUALIFIES AS COMMONWEALTH ELECTOR IN ANOTHER STATE
COMMONWEALTH FRANCHISE ACT 1902, s. 3
The Minister for Home Affairs:
Mr A.B.C, a native of Sweden, came to Australia in 1886. He became naturalized in South Australia, and subsequently in Western Australia, and is now resident in Sydney, New South Wales.
He has asked the Department of External Affairs to inform him 'What is his present position as a citizen of the Commonwealth?'
The matter has been referred to the Commonwealth Electoral Officer, who in a minute on the subject suggests that persons in the position of Mr C. should be enrolled as electors.
INTERNATIONAL RESPONSIBILITY
WHETHER COMPENSATION PAYABLE FOR OUTRAGES AGAINST FOREIGN NATIONALS WITHIN COMMONWEALTH
The Prime Minister:
CUSTOMS DUTY
CIRCUMSTANCES IN WHICH ROYALTY SHOULD BE TAKEN INTO ACCOUNT BY MINISTER IN DETERMINING VALUE OF GOODS
CUSTOMS ACT 1901, s. 160
The Ministerfor Trade and Customs:
The Dunlop Pneumatic Tyre Company of Australia Limited imported from the Dunlop Company in England a patented machine for the manufacture of tyres. It was invoiced at the English Company's cost price of manufacture. By agreement with the English Company, the Australasian Company pays a royalty on each tyre manufactured by the means of the machine.
It appears that the Australasian Company has since been manufacturing some similar machinery, including the patented parts.
ENTRY OF PERSONS INTO STATES
WHETHER STATE HAS POWER TO RESTRICT FROM INTERSTATE AND OVERSEAS : WHETHER PROPER FOR COMMONWEALTH TO ENFORCE STATE LAWS OF DOUBTFUL CONSTITUTIONALITY
CONSTITUTION, s. 92 : IMMIGRATION RESTRICTION ACT 1901 : THE PASSENGERS ACT 1885 (TAS.), s. 3
The Prime Minister:
The State Collector, Tasmania, has submitted the following memo to the Comptroller-General:
As the State Government desire this Department to continue the administration of the Passengers Act 1885 as heretofore with the object of excluding undesirable persons from this State who may arrive from other States of the Commonwealth-I shall be glad to have authority-as its operation-so applied-would seem to conflict with section 92 of the Commonwealth Constitution Act.
PUBLIC SERVANT
WHETHER COMMONWEALTH HAS POWER TO EXEMPT FROM STATE JURY SERVICE
CONSTITUTION, ss. 51 (xxxix), 52 : NORTHERN TERRITORY JURY ACT 1894 (S.A.)
The Collector at Port Darwin has reported to the State Collector, South Australia, that his department has been inconvenienced through the absence of two of his officers on jury service. The State Collector is advised by the Crown Solicitor, South Australia, that there is no law exempting Customs officers from service on juries.
The papers are forwarded to me with a minute by Sir George Turner (acting for the Minister for Trade and Customs) asking: 'if there is any power to include a clause in some Bill to exempt'.
ELECTORAL ENROLMENT
WHETHER CHINESE DULY ENROLLED FOR STATE ENTITLED TO COMMONWEALTH ENROLMENT
CONSTITUTION, s. 41 : COMMONWEALTH FRANCHISE ACT 1902
The Secretary, Department of Home Affairs:
Mr Haigh, Electoral Officer in Queensland, has telegraphed:
Are natives of China who are enrolled on State rolls entitled to enrolment Commonwealth.
The Secretary, Department of Home Affairs, forwards the matter to me for advice.
CUSTOMS
WHETHER COMMONWEALTH MAY REQUIRE STATE RAILWAYS TO OBTAIN LICENCE OR GIVE SECURITY FOR CARRIAGE OF GOODS
CUSTOMS ACT 1901, ss. 20, 21, 24
The Secretary to the Victorian Railways, having been required by the Customs to furnish security under section 21 of the Customs Act 1901, has replied, by the direction of the Acting Commissioner, that:
It is not considered that section 21 of the Customs Act 1901, as regards security in connection with the carriage of goods, subject to Customs control, by rail, was intended to apply to this Department, as the fact of the railways being the property of the State should, in itself, be sufficient guarantee.
APPROPRIATION
WHETHER COMMONWEALTH MAY TRANSFER MONEYS FROM ONE ITEM TO ANOTHER
AUDIT ACT 1901, s. 37
The Treasurer:
An Order in Council has recently been procured under section 37 of the Audit Act transferring an amount of f 11.2.9 under Division 22 Subdivision 1, Appropriation (Works and Buildings) Act 1902-3 from 'Victoria-External Affairs-Incidentals' to 'Victoria-External Affairs-Repairs and Maintenance', also an amount of £10 under Division 163 Subdivision 6 from 'Travelling Expenses' to 'Incidental and Petty Cash Expenditure'.
The Auditor-General has objected to the transfers on the ground that no amount had originally been voted under the items credited.
CUSTOMS
WHETHER STATE MAY AUTHORISE CUSTOMS OFFICERS TO SEIZE GOODS : EXTENT OF CONTROL OVER GOODS
CUSTOMS ACT 1901 : EXPLOSIVES ACT 1902 (N.S.W.), s. 12
The Comptroller-General of Customs:
The Explosives Department of the State of New South Wales has requested the Collector of Customs in that State to issue instructions to officers and publish a notice that explosive substances as defined by the Explosives Act 1902 (a State Act) are to be invariably detained unless notices under section 12 of the Act are duly lodged with the Landing Waiter.
The State Act mentioned is a consolidation of Acts 40 Vic. No. 1 and 48 Vic. No. 19, which it repeals. Section 12, sub-section (2) of the State Act provides as follows: