NAVIGATION AND SHIPPING
POWER OF FEDERAL PARLIAMENT TO MAKE LAWS WITH RESPECT TO REG
CONSTITUTION, ss. 51 (i), 98
The questions asked relate to the powers of the Commonwealth as to:
All shipping except that trading only within a State is subject to the trade and commerce powers.
All matters affecting ships and shipping including loading and unloading no doubt come within the very wide powers included under this head. Trade and commerce under section 98 includes navigation and shipping.
CUSTOMS
WHETHER MEN-OF-WAR AND TROOPSHIPS ARE SUBJECT TO REPORTING AND CLEARANCE : WHETHER STORES ON BOARD ARE LIABLE TO DUTY
CUSTOMS ACT 1901 : CUSTOMS TARIFF 1902
The Minister for Trade and Customs asks to be advised as to:
CUSTOMS
WHETHER REMOVAL OF ORIGINAL BRANDS FROM BOXES DURING TRANS-SHIPMENT AT AUSTRALIAN PORTS CONSTITUTES INTERFERENCE
CUSTOMS ACT 1901, ss. 30, 31, 33
The Acting Premier of New Zealand asks the Prime Minister to inform him whether any Commonwealth law exists forbidding removal of original brands from boxes containing New Zealand butter whilst being trans-shipped at any Commonwealth port.
Section 33 of the Customs Act provides that:
No goods subject to the control of the Customs shall be moved altered or interfered with except by authority and in accordance with this Act.
JEWELLERY VENDORS AND GOLD BUYERS
WHETHER COMMONWEALTH HAS POWER TO LEGISLATE FOR REGISTRATION AND LICENSING OF
The Secretary of the Working Jewellers' Society, Melbourne, asks for consideration of the question of legislation for the registration and license of jewellery vendors and gold buyers, 'with the object of preventing the undue grinding down of the workers and the protection of the public'.
The Minister for Trade and Customs asks to be advised whether this is a matter with which the Commonwealth can deal.
PUBLIC SERVANT
WHETHER SALARY CAN BE PAID BY TREASURY BEFORE APPOINTMENT BY GOVERNOR-GENERAL : POWER OF PAYING OFFICERS OF DEPARTMENTS : AUDITOR-GENERAL'S DUTY TO SURCHARGE TREASURER AND REPORT TO PARLIAMENT : RETROSPECTIVE APPOINTMENT
CONSTITUTION, s. 67 : A UDIT ACT 1901, ss. 34,42, 51
The Auditor-General asks to be advised upon the following questions:
QUEENSLAND'S TERRITORIAL WATERS
EXTENT : WHETHER COMMONWEALTH HAS CONTROL OVER FISHING IN AND BEYOND
CONSTITUTION, covering cl. 5; s. 51 (x) : THE QUEENSLAND COAST ISLANDS ACT OF 1879 (QLD) : COLONIAL BOUNDARIES ACT 1895 (IMP.)
In connection with Mr Salter's letter referring to the pearl fisheries of Thursday Island, the Minister for External Affairs asks to be advised on the following points:
CUSTOMS
WHETHER COMMONWEALTH LIABLE FOR REFUSAL TO GRANT CLEARANCE
CUSTOMS ACT 1901, ss. 118,122 : IMMIGRATION RESTRICTION ACT 1901, s. 3
On 11 March last a muster was held on the American ship Henry Failing, at Newcastle, New South Wales, under section 3 (k) of the Immigration Restriction Act 1901 when it was found that the Japanese cook who had been on board when the ship arrived at Newcastle was missing. The cook was not on the ship's articles, having been paid off a few days before at Sydney, where he had been tested under section 3 (a) and failed to pass.
COURTS-MARTIAL
POWER OF GOVERNOR-GENERAL TO CONVENE AND CONFIRM FINDINGS
CONSTITUTION, s. 68: ARMY ACT (IMP), ss.48,54,122
The papers in this matter are sent to me for advice on the question of the power of the Governor-General to convene, and confirm the findings of, general courts-martial-
PREFERENCE TO ONE STATE OVER ANOTHER STATE
WHETHER CONTRACT FOR CARRIAGE OF MAILS BETWEEN WESTERN AUSTRALIA AND SOUTH AUSTRALIA INVOLVING PASSENGER AND FREIGHT SUBSIDIES AMOUNTS TO
CONSTITUTION, ss. 51 (i), (v), 99 : POST AND TELEGRAPH ACT 1901, s. 15
It is proposed to call for tenders for a new contract for the conveyance of mails between Esperance (Western Australia) and a port in South Australia. The proposed contract embodies certain conditions which concern trade rather than strictly postal business.
The printed form of conditions enclosed with the papers contains clauses providing-
INCONSISTENCY
IMMIGRATION LAWS OF COMMONWEALTH AND STATES : POSITION BEFORE AND AFTER ESTABLISHMENT OF FREEDOM OF INTERSTATE TRADE
CONSTITUTION, ss. 51 (xxvii), 92, 108, 109 : IMMIGRATION RESTRICTION ACT 1901 : IMMIGRATION RESTRICTION ACT 1898 (TAS.), s. 7
A Chinese holding a Tasmanian naturalization paper arrived from China in the Chingtu. No obstacle was placed in his way at Melbourne, where he was considered as exempted from the Immigration Restriction Act 1901 (Commonwealth) on the ground of domicile (section 3 (n)).
Thence he trans-shipped to Tasmania, and on arrival in Launceston the local Customs Officer rejected him on the ground that he was not provided with a certificate under section 7 of the Tasmanian Immigration Restriction Act 1898. Subsequently such a permit was issued by the State authorities.