DEFENCE FORCES
WHETHER CROWN MAY DISCHARGE SOLDIER AT ANY TIME : WHETHER LIABLE FOR PAY FOR UNEXPIRED TERM OF ENGAGEMENT
The Ministerfor Defence:
When the 5th Australian Commonwealth Horse were enlisted in April 1902, it was stated in General and District Orders that-
The term of engagement is for one year, or, if the war lasts longer, until the conclusion of the war.
The attestation form contained the following question:
Are you willing to serve for a period of 12 months, or for the duration of the war, in the Contingent for service in South Africa with His Majesty's forces?
CUSTOMS
WHETHER COLLECTOR MAY REQUIRE SECURITY FOR VALUE OF GOODS SEIZED BEFORE RELEASE : MEANING OF VALUE OF GOODS SEIZED
CUSTOMS ACT 1901, s. 206
The Comptroller-General of Customs:
By Customs Order 209 instructions have been given that when security is taken for goods delivered by the Customs, the amount of security is to be the value at the port where the goods are delivered.
It has been suggested by the State Collector of New South Wales that this would involve adding freight and insurance to the invoice value, which does not seem to be contemplated by the Act.
The Comptroller-General minutes this Department as follows:
FREEDOM OF INTERSTATE TRADE
WHETHER STATE MAY PROHIBIT IMPORTATION OF GOODS
CONSTITUTION, s. 92 : CUSTOMS ACT 1901, s. 55 : THE CUSTOMS CONSOLIDATION ACT 1892 (W.A.), s. 32
The Minister for Trade and Customs:
Section 32 of the West Australian Customs Consolidation Act 1892 prohibits the importation of (inter alia) 'Any article or goods, being a manufactured or natural product, the importation of which may be prohibited by order of the Governor'. On 19 August 1898 an Order in Council was made under this section prohibiting the importation of essences of wines into the Colony.
A case of such essences imported at Albany has been detained, and the State Collector has asked for instructions.
NAVIGATION AND SHIPPING
WHETHER REGISTRATION DOCUMENTS SUBJECT TO STATE STAMP DUTY MERCHANT
SHIPPING ACT 1894 (IMP.), ss. 24,31, 32, 37, 721
The Minister for Trade and Customs:
The State Collector, South Australia, has asked the Comptroller-General whether papers in connection with registration of shipping are subject to stamp duty.
Sir George Turner (for the Minister for Trade and Customs) directed that a full statement of the documents and necessary reference should be placed before the Attorney-General.
PUBLIC SERVANT
WHETHER COMMONWEALTH LIABLE FOR DEFALCATION BY ITS OFFICER WHILST CARRYING OUT STATE FUNCTIONS
The Treasurer:
CUSTOMS DUTY
WHETHER SHIP'S MAST-HEAD LAMP EXEMPT AS SHIPS' STORES
CUSTOMS ACT 1901, ss. 127,128,129,192 : CUSTOMS TARIFF 1902
The Minister for Trade and Customs
In April 1903 Messrs Currie and Company of Melbourne tendered an export entry for one mast-head light, as 'ships' stores', ex bond. The warehousekeeper declined to pass the entry, as in his opinion a mast-head light was not ships' stores within the meaning of the Customs Act and the Regulations.
Messrs Currie and Company then entered the light for export as cargo, per ship Euryalus, to Calcutta. The light was fitted to the ship's mast in Melbourne.
NAVIGATION AND SHIPPING
WHETHER COMMONWEALTH HAS POWER TO APPOINT SURVEYORS OF SHIPS : WHETHER STATES CONTINUE TO HAVE SUCH POWER
INTERPRETATION ACT 1889 (IMP.), s. 18 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 727
The Minister for Trade and Customs:
Section 727 of the Merchant Shipping Act 1894 provides that the Governor of a British possession may appoint and remove surveyors of ships within the limits of the possession for any purposes of that Act to be carried into effect in that possession.
The question has arisen whether surveyors should now be appointed by the Governor-General, or by a State Governor.
The Minister for Trade and Customs forwards the papers-
FREEDOM OF INTERSTATE TRADE
WHETHER STATE MAY IMPOSE WHARFAGE CHARGES ON INTERSTATE GOODS WHILE EXEMPTING DOMESTIC PRODUCE
CONSTITUTION, s. 92
The Ministerfor Trade and Customs:
Mr Hartnoll, M.P. has written to the Minister for Trade and Customs a letter from which the following is an extract:
CUSTOMS
AUTHORITY TO PRESCRIBE RATES OF OVERTIME PAYABLE TO CUSTOMS OFFICERS
CUSTOMS ACT 1901, SS. 29, 270 : COMMONWEALTH PUBLIC SERVICE ACT 1902
The Auditor-General:
The Auditor-General asks to be advised on the following questions:
CUSTOMS
WHETHER COMPTROLLER-GENERAL MAY RETURN FORFEITED GOODS TO OWNER, WITH OR WITHOUT CONDITIONS
CUSTOMS ACT 1901, ss. 208, 262, 264, 265
The Comptroller-General of Customs:
The Comptroller-General asks for advice on the following questions: