MEMBER OF PARLIAMENT
WHETHER COMMONWEALTH PARLIAMENT HAS POWER TO DISQUALIFY MEMBERS OF STATE PARLIAMENTS FOR ELECTION TO COMMONWEALTH PARLIAMENT
CONSTITUTION, ss. 16. 34, 44 : COMMONWEALTH ELECTORAL ACT 1902, s. 96
The Prime Minister:
Mr Arthur Griffith, M.L.A., of New South Wales, in a letter to the Prime Minister raises the contention that section 96 of the Commonwealth Electoral Act 1902- providing that no member of a State Parliament shall be capable of being nominated as a senator or member of the House of Representatives-is unconstitutional. He says:
EXTRADITION
SOURCE OF POWER : CHOICE OF PROCEDURES AVAILABLE
CONSTITUTION, s. 51 (xxix) : EXTRADITION ACT 1903, ss. 6, 7
The Secretary, Department of External Affairs:
The Extradition Bill had already passed both Houses when Mr Irvine's(1) communication was received, and has since been assented to.
The question of the power of the Commonwealth Parliament to legislate on the subject of extradition was considered before the Bill was drafted. Extradition, it is submitted, is clearly within the subject of'External Affairs'.
CUSTOMS DUTY
WHETHER COMMONWEALTH MAY BY REGULATION DEFINE SHIPS' STORES LIABLE TO DUTY
CUSTOMS ACT 1901, s. 127 : CUSTOMS TARIFF 1902
The Minister for Trade and Customs :
It appears that under section 127 of the Customs Act 1901 it has been the practice under the Federal Tariff to levy duty on all dutiable articles consumed by the passengers and crew and all dutiable articles used in any way for the service of the ship-including (subject to Tariff exemption (ba), Div. VI) all fittings, renewals, and material for repairs and upkeep of ships.
Before Federation it was the practice in all the States to exempt from duty all articles required by ships for renovation, refitting, repairs, and renewals.
ELECTIONS
WHETHER LATE NOMINATION VALID COMMONWEALTH
ELECTORAL ACT 1902. ss. 101. 105
The Secretary, Department of Home Affairs:
I have perused Mr Lewis' further telegrams of 5 December and today's date.
The responsibility of declaring who is duly nominated rests with the Divisional Returning Officer-and the Commonwealth Electoral [Officer] should print on the ballot-papers the names of those candidates only whom the Returning Officer declares to have been duly nominated.
SENATE ELECTIONS
WHETHER COMMONWEALTH HAS POWER TO RESTRICT COMMONWEALTH ELECTORAL OFFICER TO CASTING VOTE
CONSTITUTION, ss. 8, 41 . COMMONWEALTH ELECTORAL ACT 1902, ss. 161. 174
The Secretary, Department of Home Affairs:
Mr F. L. Outtrim, the Commonwealth Electoral Officer for the State of Victoria, has written to the Chief Electoral Officer directing his attention to section 161 of the Commonwealth Electoral Act 1902, which purports to prevent him, as the Commonwealth Electoral Officer for the State, from voting at the election for the Senate except in the case of an equality of votes.
DEFENCE FORCES
EXTENT TO WHICH AUSTRALIAN TROOPS SERVING ABROAD ARE SUBJECT TO COMMONWEALTH OR IMPERIAL LAW
DEFENCE ACT 1903. ss. 55.86,87.98.106 : ARMY ACT (IMP.), ss. 122,177
The Minister for Defence:
With regard to the legal position of troops raised in the Commonwealth for service abroad with the Imperial Forces, the Minister for Defence asks to be advised upon the following questions:
IMMIGRATION
WHETHER FOREIGN PEARLERS UNDERTAKING VOYAGES ORIGINATING AND TERMINATING IN COMMONWEALTH ARE SUBJECT TO IMMIGRATION LAWS
CONSTITUTION, covering cl. 5 : IMMIGRATION RESTRICTION ACT 1901, s. 3
The Prime Minister:
The Prime Minister asks to be advised on the following matter:
Certain Asiatics were admitted to the Commonwealth before any Restriction Acts came into force, and they then signed articles to serve as members of the crew of pearling vessels working on the Northern and N. Western Coasts of Australia.
The articles are generally for a period of 12 months and not for any particular voyage.
PARLIAMENT
EXTENSION OF TIME FOR RETURN OF WRITS . WHETHER PERIOD FOR SUMMONING PARLIAMENT RUNS FROM ORIGINAL RETURN DATE OR EXTENDED DATE
CONSTITUTION, s. 5 : COMMONWEALTH ELECTORAL ACT 1902, ss. 86, 89, 91, 168
The Prime Minister:
The Commonwealth Electoral Act 1902 gives power to extend the time named, in writs for the election of members of the House of Representatives, for the return of the writs.
The Prime Minister asks to be advised whether, if that power is exercised, the thirty days mentioned in section 5 of the Constitution as the time within which Parliament must be summoned to meet run from the expiry of the extended time or from the date originally fixed.
Section 5 of the Constitution provides that:
PETITIONS
WHETHER PUBLIC SERVANT MAY PETITION GOVERNOR-GENERAL : SUBJECT'S RIGHT TO PETITION CROWN FOR REDRESS
The Public Service Commissioner asks for advice on the question raised in the following minute:
On 17 August 1903, the Crown Solicitor furnished an opinion on this case at the instance of the Comptroller-General of Customs. The appellant has now lodged a petition for presentation to the Governor-General praying that his former status and salary may be restored to him, and the Public Service Commissioner has been asked to advise the Department whether Mr A. has the right to insist upon his petition being placed before the Governor-General.
BRITISH SUBJECT
WHETHER INCLUDES PERSON OF BRITISH DESCENT BORN IN FOREIGN COUNTRY
NATURALIZATION ACT 1903, s. 3 : THE BRITISH NATIONALITY ACT 1730 (IMP.) . THE BRITISH NATIONALITY ACT 1772 (IMP.)
The Secretary, Department of External Affairs:
The Secretary, Department of External Affairs, asks to be advised whether a person born in the United States of America, of British parents who married in America, is a natural-born British subject within the meaning of section 3 of the Naturalization Act 1903.