Legal Opinions

The Consul-General for France expresses the opinion that certain provisions of the Customs Act 1901 extend the jurisdiction of the Commonwealth beyond the limits fixed by international custom, and by the Territorial Waters Jurisdiction Act 1878, and that it purports to place under the jurisdiction of the Commonwealth acts committed on board French boats (especially tampering with seals) on the high seas outside the territorial waters of the Commonwealth.

The question is whether there is anything in the Constitution, or inherent in the nature of an excise, which requires that it should be charged only upon goods manufactured or grown after the imposition of the excise.

The words 'incurred solely for the maintenance or continuance, as at the time of transfer, of any department transferred', are vague and general. It is not easy to draw a definite line of demarcation between the two kinds of expenditure-that for 'maintenance or continuance' debited to the States and the 'other expenditure' debited to the Commonwealth. These may be designated as 'transferred' and 'other' expenditure.

Section 736 of the Merchant Shipping Act 1894 provides that the legislature of a British possession may by Act regulate the coasting trade of the possession, subject to certain conditions which may be summarized as follows:

1. The first question is whether at the approaching Telegraph Conference the States of the Commonwealth are entitled to separate representation, or whether the Commonwealth should be represented as a whole.

   Article 16 of the International Telegraphic Convention of St Petersburg⁽¹⁾ declares that:
   
   

Section 90 of the Constitution provides that on the imposition of uniform duties of customs (1) the power of the Federal Parliament to impose duties of excise shall become exclusive; and (2) all laws of the several States imposing duties of excise shall cease to have effect.

The question of law, as to which the Right Honourable the Prime Minister desires my opinion, apparently is whether the President of the Legislative Council and the Speaker of the Legislative Assembly of Victoria have any rights of precedence conferred upon them by section 1 of the Victorian Act of 1857 [20 Vic. No. 1 ] defining the privileges, immunities and powers of those Houses.

The confidential circular dispatch of the Right Honourable the Secretary of State for the Colonies states that His Majesty's Government have recently had under their consideration the question of the power of a Colonial Governor to pardon prisoners sentenced by courts-martial held within the limits of his colony; and that they are advised that the powers of pardon conferred by the Royal Instructions on the Governor-General do not apply to the cases of persons sentenced by courts-martial either military or naval.

I am asked by the Right Honourable the Prime Minister to advise:

In response to a further query from the Right Honourable the Prime Minister I may add that whether Mr Crooke⁽¹⁾ is entitled to be considered a responsible Minister of the Crown is a difficult question. As a member of the Cabinet he is responsible to Parliament since he leaves office with his colleagues so soon as they fail to command the confidence of the Victorian Assembly. This is his only responsibility except that of joining with his colleagues in tendering advice to His Excellency while they continue in office.

The Perth Chamber of Commerce has passed resolutions protesting against the form of bill of lading adopted by the interstate shipping owners and praying that Federal legislation be adopted by which it will be made illegal for ship-owners to contract themselves out of their liability as common carriers.

The Right Honourable the Minister for Trade and Customs asks me to advise whether the Commonwealth has any power to deal with the subject.