ELECTIONS
EFFECT OF PERSONATION OF ELECTOR ON RIGHT TO VOTE
The Secretary, Department of Home Affairs asks to be advised on the following question:
An elector whose name appears on certified list of voters finds that another person has voted in his name-query-can the genuine elector vote if he establishes his identity to the satisfaction of the Presiding Officer.
NAVIGATION AND SHIPPING
SOURCES AND EXTENT OF COMMONWEALTH POWER : EXTENT OF POWER TO MAKE LAWS FOR PEACE. ORDER, AND GOOD GOVERNMENT OF COMMONWEALTH : POWERS OF BRITISH COLONIES GENERALLY : EFFECT OF IMPERIAL STATUTE ON COMMONWEALTH POWER : REPUGNANCY : EXTRATERRITORIALITY : INTERPRETATION OF CONSOLIDATING STATUTE
CONSTITUTION, ss.5I, 51 (i). 98 : COLONIAL LAWS VALIDITY ACT 1865 (IMP.) : MERCHANT SHIPPING ACT 1894 (IMP.). Parts I. II, III, V, VI, VIII, XI, XIII, XIV; ss. 264, 478. 713, 721, 735, 736
The Royal Commission on the Navigation Bill has forwarded, for consideration and reply, a memorandum by Mr R. E. Cunliffe, Solicitor to the Board of Trade, dated 14 October 1904(1), and has requested me to amplify the evidence(2) already given on the legal standing and powers of the Commonwealth in regard to navigation and shipping.
CUSTOMS
WHETHER COMMONWEALTH HAS POWER TO PROHIBIT SUNDAY WORKING OF VESSELS IN COASTING TRADE
CUSTOMS ACT 1901, ss. 28. 179, 270
The Minister for Trade and Customs asks to be advised whether there is power (section 179 of the Customs Act 1901) to prevent or regulate Sunday working in any or all of the following cases:
Section 179 of the Customs Act 1901 enacts:
TOBACCO INDUSTRY
WHETHER COMMONWEALTH HAS POWER TO TAKE OVER MANUFACTURE OR IMPORTATION
CONSTITUTION, s. 51 (i)
In your letter of 6 December 1905 you ask me, on behalf of the Select Committee of the Senate appointed to inquire into the existence of a tobacco monopoly, for my opinion on the following questions:
PUBLIC SERVANT
WHETHER DISGRACEFUL OR IMPROPER CONDUCT OUTSIDE OFFICIAL DUTY AMOUNTS TO OFFENCE
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46
The Secretary, Department of Home Affairs asks to be advised on the question stated in the following memo:
The accompanying papers are forwarded for favour of advice as to the Departmental procedure which should be followed. It would appear that Mr A. sequestrated his estate for the benefit of his creditors on 20 February 1901, when his sworn liabilities amounted to £.522.11.5 and his assets were 10s No application for a certificate has been made.
CUSTOMS DUTY
WHETHER PROPER TO PAY DEPOSIT FOR DISPUTED DUTY INTO REVENUE
AUDIT ACT 1901, s. 29 : CUSTOMS ACT 1901, s. 167
The Treasurer asks to be advised whether it would be legal to credit in the first instance to revenue deposits made under section 167 of the Customs Act 1901, with a view to refunding them afterwards if necessary-the amount of such refunds to be voted (see Attorney-General's opinion dated 3 November 1902(1).
EXTERNAL AFFAIRS
WHETHER COMMONWEALTH IS PROPER CHANNEL OF COMMUNICATION FOR DIPLOMATIC REPRESENTATIONS RELATING TO ACTIONS OF STATE GOVERNMENT
CONSTITUTION, s. 51 (xxix)
These papers are transmitted for information with a despatch dated 7 December 1905 from the Secretary of State for the Colonies.
The facts as now stated by Mr Lyttleton differ materially from the facts as stated in previous despatches, on which I advised(1)
It then appeared that the subject of correspondence was a petition of right addressed by American subjects to the King, and presented through the American Embassy.
ACQUISITION OF LAND
WHETHER STATE HAS POWER TO IMPOSE CONDITIONS ON GRANT
CONSTITUTION, s. 51 (xxxi) . PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901. Part II; ss. 3. 5
The Commonwealth Government purchased from the W.A. Government, by way of exchange, a site for a Customs building at Derby, W.A. When the deed of grant to the Commonwealth came to hand it was found to contain the following stipulation:
PROHIBITED IMPORTS
WHETHER COMMONWEALTH HAS POWER TO PREVENT INTRODUCTION OF CONTAGIOUS OR INFECTIOUS DISEASE : SCOPE OF QUARANTINE POWER
CONSTITUTION, s. 51 (i), (ixj : CUSTOMS ACT 1901, ss. 52, 56
The following letter has been written to the Prime Minister:
Sydney Labor Council.
Trades Hall, Goulburn Street, Sydney
16 February 1906.
Sir,
MACQUARIE AND KING ISLANDS
WHETHER PART OF COMMONWEALTH
FISHERIES ACT 1889 (TAS.)
The Minister for Customs asks to be advised whether Macquarie Island, King Island and other islands more or less subject to the control of the various States form part of the Commonwealth.
Both King Island and Macquarie Island are within the description of the Colony of Tasmania and its Dependencies as set out in the Letters Patent constituting the Office of Governor of that Colony.