ACQUISITION OF LAND
WHETHER TRANSFER SHOULD BE IN NAME OF KING OR COMMONWEALTH OF AUSTRALIA
Certain land at Cobram in the State of Victoria has been purchased by the Commonwealth as a site for a Post Office.
The seller has executed a transfer of the land to the King, and now claims the purchase money.
My opinion is asked whether the transfer is in order, and whether the Department of Home Affairs would be justified in paying the account for the purchase money. I am of opinion:
IMPOSITION OF UNIFORM DUTIES OF CUSTOMS
CREDITING OF CUSTOMS REVENUE
CONSTITUTION, ss. 89,93
The Auditor-General asks for my opinion upon the following question:
Where duties of customs have been paid in any State of the Commonwealth before the imposition of uniform duties, and the goods upon which the duties have been paid pass into another State for consumption, should the duty be taken to have been collected not in the former but in the latter State, and be credited to the latter State accordingly?
CUSTOMS
WHETHER DETENTION AND SALE OF GOODS BY STATE HARBOUR BOARD INTERFERES WITH CONTROL
CONSTITUTION, ss. 52 (ii), 69, 86, 90 : CUSTOMS ACT 1901, s. 33
A Bill has been introduced into the Legislative Assembly of Queensland to constitute a Harbour Board for the Harbour of Brisbane.
NATURALIZATION
WHETHER, PRIOR TO ESTABLISHMENT OF FREEDOM OF INTERSTATE TRADE, ALIEN NATURALIZED IN ONE STATE MAY PASS INTO ANOTHER STATE WITHOUT HINDRANCE
CONSTITUTION, ss. 108, 117, 118
The question is whether under section 117 of the Constitution a Chinese naturalized in Victoria is entitled to pass into New South Wales without being subjected to any hindrance occasioned by the Immigration Restriction and Chinese Acts of New South Wales.
Section 117 of the Constitution is as follows:
A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.
EXECUTIVE GOVERNMENT OF COMMONWEALTH
WHETHER MINISTER HAS POWER OF TEMPORARY APPOINTMENT : POSITION OF CHIEF ELECTORAL OFFICER
CONSTITUTION, ss. 67, 70
In connection with the appointment of Mr George Lewis as Chief Electoral Officer of the Commonwealth the Auditor-General has raised the question whether such appointment ought not, under section 67 of the Constitution, to be made by the Governor-General in Council, unless the authority to appoint is delegated.
CUSTOMS DUTY
WHETHER STATE PURCHASING GOODS FROM BOND LIABLE
CONSTITUTION, s. 114 : CUSTOMS ACT 1901. s. 153: CUSTOMS TARIFF 1902
The Minister of Public Works of the State of New South Wales has purchased six hundred casks of cement in bond and asks for delivery of the cement free of duty.
The State Attorney-General has given an opinion that under section 114 of the Constitution no customs duties can be charged on goods the property in which has passed to the State before the duty has been paid.
Section 114 of the Constitution provides that the Commonwealth shall not 'impose any tax on property of any kind belonging to a State'.
COMMONWEALTH OFFICER
WHETHER STATE OFFICER HAS POWER TO MAKE REQUISITION TO : DEMAND BY SOUTH AUSTRALIAN COMMISSIONER OF TAXES FOR RETURN BY COLLECTOR OF CUSTOMS
TAXATION ACT 1884 (S.A.)
The Deputy Commissioner of Taxes, South Australia, has forwarded to the Collector of Customs, Port Adelaide, a notice requiring him, in pursuance of the Taxation Act 1884 and the amendments thereof, and the regulations thereunder, to make a return of all persons employed by him or under his control during 1901, whose salary or wages amounted to £200, under a penalty not exceeding £20 on neglect to do so.
SPECIAL APPROPRIATION
PARLIAMENTARY ALLOWANCES : PENSIONS OF TRANSFERRED OFFICERS : SALARIES OF GOVERNOR-GENERAL AND MINISTERS : PAYMENTS TO STATES AFTER CREDITING REVENUE AND DEBITING EXPENDITURE
CONSTITUTION, ss. 3, 48,51 (xxxvi), 66, 81, 83,84,89, 93 : A UDIT ACT 1901, s. 32
The Auditor-General asks for an opinion as to whether section 84 of the Constitution forms an appropriation sufficient to allow the issue of warrants under section 32 of the Audit Act 1901.
At a first view I was inclined to think that it was not; but as similar questions have arisen under other sections of the Constitution, it seems advisable to reconsider the point in view of all the provisions of the Constitution which may be deemed to create special appropriations.
CUSTOMS
SHIP ENTERING PORT WITH SEALS BROKEN
CONSTITUTION, coveringcl. 5; ss. 69, 86 : CUSTOMS ACT 1901, ss. 30, 31, 36, 51, 68-75, 127, 163, 187, 190, 191, 192
Before the Supreme Court of Victoria(1) the argument turned mainly on sections 192 and 127 of the Customs Act; and the chief arguments for the defendant were:
It was contended that section 127 was also ultra vires.
DESERTERS FROM FOREIGN SHIPS
WHETHER ARE PROHIBITED IMMIGRANTS OR SHOULD BE DEALT WITH ACCORDING TO TREATY : WHETHER COMMONWEALTH BOUND BY UNDERTAKING BY NEW SOUTH WALES THAT TREATY APPLIES : WHETHER COMMONWEALTH ACT IN CONFLICT WITH TREATIES BETWEEN GREAT BRITAIN AND UNITED STATES OF AMERICA AND GREAT BRITAIN AND GERMANY
IMMIGRATION RESTRICTION ACT 1901, ss. 3, 9 : CHINESE RESTRICTION AND REGULATION ACT OF IS88 (N.S.W.), s. 13 : IMMIGRATION RESTRICTION ACT 1898 (N.S.W.)
In 1899 three coloured seamen deserted from the U.S. Ship Carrollton in the port of Newcastle, N.S.W.
Under section 8 of the New South Wales Immigration Restriction Act, the ship was refused a clearance and penalty of £300 was imposed on the master.
Section 2 of that Act exempts the officers and crew of a vessel landing during the stay of the vessel in any port of New South Wales; and contains no proviso like that in paragraph (k) of section 3 of the Commonwealth Act.