EUROPEAN RACE OR DESCENT
MEANING OF 'OR DESCENT'
IMMIGRATION RESTRICTION ACT 1901, s. 9
The phrase persons 'of European race or descent' occurs in section 9 of the Immigration Restriction Act 1901 and in regulation 13 under the Act.
The State Collector for New South Wales reports that considerable doubt exists as to the application of the words 'or descent', and asks to be advised as to their interpretation for the guidance of officers generally.
The Minister for External Affairs forwards the papers to me for advice.
INTOXICATING LIQUIDS PASSING INTO STATE
WHETHER LAW RELATING TO SPIRITS DISTILLED IN VICTORIA APPLIES TO SPIRITS PRODUCED IN OTHER STATES AND INTRODUCED INTO VICTORIA
CONSTITUTION, ss. 109, 113 : DISTILLATION ACT 1901. Part V : CUSTOMS AND EXCISE DUTIES ACT 1890 (VIC.) : LICENSING ACT 1890 (VIC.)
Messrs Joshua Brothers Proprietary Limited in a letter to the Minister for Trade and Customs state that by a provision of the licensing law of Victoria no spirits for purposes of human consumption may leave the distillery till they have been at least six months in bond, and that to the best of their knowledge no such rule applies to spirits distilled in other States and imported into Victoria and that as a consequence their competitors in other States are enabled to send out their product brand new and by saving the heavy expense of six months bonding can and do undersell them (Joshua Bros)
PROHIBITED IMMIGRANT
RECOVERY OF PENALTY AGAINST MASTER OF VESSEL
CONSTITUTION, covering cl. 5 : PUNISHMENT OF OFFENCES ACT 1901, s. 3 : IMMIGRATION RESTRICTION ACT 1901, ss. 7, 9, 10, 18 : JUSTICES ACT 1896 (VIC), s. 2
In connection with proposed proceedings against the master of the P & O steamship Australian under section 9 of the Immigration Restriction Act, the Crown Solicitor of Victoria has given an opinion dated 22 July 1902 to the effect-
CUSTOMS DUTY
WHETHER PAYABLE ON IMPORTED HULK ON BEING SOLD FOR BREAKING UP
CUSTOMS ACT 1901, s. 132 : CUSTOMS TARIFF 1902 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 742
Messrs Burns Philp and Company recently sold a hulk in Townsville to Messrs Murray and Hoare, the intention of the purchasers being to break her up. It appears that the Sub-Collector has demanded 25 per cent duty on the purchase money.
PROHIBITED IMMIGRANT
REFUSAL OF CLEARANCE TO MASTER OF VESSEL : DETENTION OF VESSEL CUSTOMS
ACT 1901, s. 122 : IMMIGRATION RESTRICTION ACT 1901, s. 10
With reference to my opinion of 19 May last(1) in connection with the refusal of a clearance to the ship Henry Failing, the Collector of Customs at Sydney has written to the Secretary, Department of External Affairs, stating that this opinion reopens the question of refusing clearance to masters instead of detaining the ship under the express provisions of section 10 of the Immigration Restriction Act 1901. The refusal of a clearance being a much simpler method, and attaining the same result with far less trouble, he asks that the question should be considered.
COMMONWEALTH PROPERTY
WHETHER COMMONWEALTH LIABLE FOR INTEREST ON MONEY DUE FOR SERVICES SUPPLIED
MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1890 (VIC), s. 116 : MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1897 (VIC), s. 6
The Melbourne and Metropolitan Board of Works has sent in an account against the Commonwealth for 8s Id for interest at 5 per cent, from 6 January 1902 to 5 April 1902 (date of payment of principal) on £33.4.6, the cost of additional sewerage connections at the Commonwealth Offices, Spring Street.
COURTS-MARTIAL
POWER OF GOVERNOR-GENERAL TO CONVENE AND CONFIRM FINDINGS
ARMY ACT (IMP.), ss. 122, 176, 177, 190
In this matter I advised, on 2 June 1902(1), that neither the Constitution, the Letters Patent constituting the office of Governor-General, nor the Commission of His Excellency, constituted an authority from His Majesty to convene or confirm the findings of general courts-martial under the Army Act, but that the Governor-General was a 'qualified officer' under section 122 of the Army Act to whom a warrant for that purpose might be issued.
CUSTOMS DUTY
WHETHER, WHERE WESTERN AUSTRALIAN DUTY IS HIGHER THAN UNIFORM DUTY, IT IS PERMISSIBLE NOT TO COLLECT HIGHER DUTY IF LIKE GOODS ARE NOT PRODUCED IN AUSTRALIA . WHETHER DATE OF IMPOSITION OF UNIFORM DUTIES IS DATE OF IMPOSITION BY LAW OR OF EARLIER COLLECTION UNDER EXECUTIVE AUTHORITY : WHETHER RECEIPTS FROM WESTERN AUSTRALIAN STATE TARIFF ARE PART OF NET REVENUE OF COMMONWEALTH : RETROSPECTIVE LEGISLATION
CONSTITUTION, ss. 70, 81, 86, 87, 89, 95 : CUSTOMS ACT 1901 : CUSTOMS CONSOLIDATION ACT 1892 (W.A.),s. 115
On 14 February I gave an opinion(1) that under section 95 of the Constitution where the West Australian duty was higher than the uniform duty imposed by the Federal Parliament, the higher duty is charged on the importation into Western Australia, whether the like article is produced in Australia or not. Duty is now being collected in accordance with this opinion.
CUSTOMS DUTY
STORES CONSUMED ON BOARD PUBLIC VESSEL : WHETHER NEW GUINEA GOVERNMENT VESSEL IS PUBLIC VESSEL AND PERMITTED TO SHIP STORES EX WAREHOUSE
CUSTOMS ACT 1901, Part VII
The State Collector, Queensland, on 6 August 1902, telegraphed to the Comptroller-General as follows:
Is the New Guinea Government steam vessel Merrie England used as a patrol vessel amongst the Islands to be allowed to ship stores ex warehouse for use of crew on the Australian coast? Prior to federation, she was allowed use of stores same as vessel of war.
The Minister for Trade and Customs referred the matter to the Minister for External Affairs, asking, 'Does the Merrie England belong to the Commonwealth, or how does the matter stand?'
PROHIBITED IMMIGRANT
WHETHER AUTHORITY GIVEN TO COLLECTOR OF CUSTOMS TO AUTHORISE OFFICERS TO DETAIN VESSELS MAY BE EXERCISED BY ACTING COLLECTOR
ACTS INTERPRETATION ACT 1901, ss. 20, 32 : IMMIGRATION RESTRICTION ACT 1901, s. 10
The Minister for External Affairs has given to the Collector of Customs, New South Wales, an authority under section 10 of the Immigration Restriction Act 190 \ to authorise any Customs officer to detain ships. The authority is in the following form:
Melbourne, 8 April 1902