Legal Opinions

The Auditor-General:

By Executive Minute dated 15 December 1902, His Excellency the Governor-General approved of authority being conferred on Senator the Hon. R. E. O'Connor, Vice-President of the Executive Council, to summon and preside at meetings of the Executive Council to be held in Sydney as occasion may arise, and of authority being given to the senior member of the Executive Council in Melbourne to summon and preside at meetings in Melbourne of the Executive Council as occasion may arise.

The Minister for Trade and Customs:

The Minister for Trade and Customs forwards the following memorandum re section 166 of the Customs Act 1901:

I will be glad to be advised as to the full meaning of section 166.

Will it not apply to a case in which the practice before alteration was incorrect?

Or does it only apply to cases in which an alteration is a relaxation of the proper duty?

The Prime Minister:

A difference of opinion exists between the Consul-General for France and the Government of New South Wales with respect to the course to be followed in apprehending deserters from French ships.

The Prime Minister:

The Administrator of the Government of Tasmania, by proclamation dated 21 August 1900, made under the State Customs Act 1897, section 187, prohibited the exportation from Tasmania to China of arms, ammunition, gunpowder, and warlike stores.

The Secretary of State for the Colonies, by telegraphic despatch to the Governor-General, for transmission to the State Governors, stated that the Imperial proclamation against the export of arms, etc. to China would be removed, and requested that any similar colonial proclamations should be repealed.

The Postmaster-General:

The Postmaster-General asks to be advised on the questions raised in the following memo by the Secretary, Postmaster-General's Department:

The Minister for Trade and Customs:

The State Collector has written the following minute to the Comptroller-General:

There being considerable doubt as to whether certain vessels are liable to tonnage dues the papers are herewith submitted.

Tonnage dues are payable 'on all ships arriving in any port in Victoria'-Marine Act 1890 section 88, Part V Div. 3; exemptions in sections 3 and 5. It is presumed that vessels trading within the limits of and not going outside a port are also exempt, e.g. the Gem and the Queen.

The Minister for Home Affairs:

The Chief Electoral Officer has asked for an opinion whether additional facilities may be provided by regulation to enable electors to vote at elections for members of the House of Representatives outside the Divisions for which they are enrolled.

The Minister for Home Affairs has referred the matter to me for advice.

Section 138 of the Electoral Act provides that an elector is only entitled to vote for the Division in which he lives and for which he is enrolled.

The Prime Minister:

Section 8 of the Judiciary Act provides that:

A Justice of the High Court shall not be capable of accepting or holding any other office or any other place of profit within the Commonwealth, except any such judicial office as may be conferred upon him by or under any law of the Commonwealth.

The Minister for Trade and Customs:

The State Government of New South Wales is demanding payment of licence fees from brewers, in terms of the New South Wales Liquor Act 1898, although such brewers hold licences under the provisions of the Beer Excise Act 1901, and the Minister for Trade and Customs wishes to be advised whether the action of the New South Wales Government in demanding the payment of such fees is consistent with the Commonwealth Act mentioned, and whether the provisions of the State Act as to such fees are not invalid.

The Prime Minister:

In this matter, in which an opinion was given on 8 September 1903⁽¹⁾, the papers are returned with an intimation that the Prime Minister desires to have my views on the additional point raised in the further letter from the Consul-General for France dated 23 September 1903.