CUSTOMS
OFFICE ACCOMMODATION ON WHARVES : CONSIDERATIONS APPLYING TO FAILURE OF WHARF-OWNER TO PROVIDE
CUSTOMS ACT 1901, ss. 4, 19 : THE MARINE BOARDS ACT 1889 (TAS.)
The Marine Board at Hobart has been asked by the Customs authorities to provide office accommodation for the use of a Customs officer at the Dunn Street Pier, Hobart, a pier which is used as a wharf and is under the control and management of the Marine Board.
The Marine Board, acting on legal advice, refused to provide the office accommodation required.
The matter has been referred to me for my opinion.
TREATIES AFFECTING COMMONWEALTH AT FEDERATION
EFFECT OF MOST FAVOURED NATION PROVISION IN TREATY BETWEEN UNITED KINGDOM AND JAPAN APPLIED TO QUEENSLAND
The question whether the Treaty of 1894 between Great Britain and Japan still operates with respect to Queensland was dealt with by Mr Attorney-General Deakin in an opinion of 16 January 1902.(1)
Mr Deakin was of opinion that, at least as regards immigration of Japanese, the Treaty as accepted by the Colony of Queensland was not binding upon the Commonwealth.
I observe that, upon receipt of telegraphic information of the purport of the opinion, the Secretary of State for the Colonies telegraphed as follows:
PUBLIC SERVANT
WHETHER FURLOUGH A LEGALLY ENFORCEABLE RIGHT
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 71
The Public Service Commissioner forwards the following case for opinion:
There are at present in the Commonwealth Public Service over 3,000 officers who are eligible for furlough by virtue of having had 20 years' service; and it will be understood that if any considerable number of these were to apply for furlough simultaneously the effect would be to seriously dislocate the working of the Departments and retard public business.
REFERRED MATTERS
EXTENT OF POWER OF COMMONWEALTH TO REQUIRE MAINTENANCE OF INSANE BY RELATIVES RESIDENT INTERSTATE
CONSTITUTION, s. 51 (xxxviij
The Premier of Western Australia has written the following letter to the Prime Minister:
I desire to direct your attention to a minute received by me from our Inspector-General of the Insane (of which I enclose a copy), dealing with the question of the maintenance of persons in our Hospitals for the Insane by their relatives resident in the Eastern States.
I shall be glad to learn that your Government sees its way clear to introduce and support a measure having the above object in view.
FINES AND PENALTIES
WHETHER REFUND OF FINE REMITTED BY GOVERNOR-GENERAL SUBJECT TO PARLIAMENTARY APPROPRIATION
CONSTITUTIONS, ss. 81, 83
A. B., steward of the R.M.S. Sonoma, was fined £100 and costs at the Water Police Court, Sydney, in 1903, for attempted smuggling. The fine was paid into Consolidated Revenue.
The Minister for Trade and Customs asks to be advised on the following questions:
TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER RECEIPT BY PRIVATE COMPANY OF MESSAGES FOR TRANSMISSION BY TELEGRAPH CONSTITUTES OFFENCE
POST AND TELEGRAPH ACT 1901, ss. 3, 80
The Eastern Extension Company having refused to accept the conditions imposed by resolution of the Houses of the Parliament(1) upon the ratification of the Cable Agreement, the Postmaster-General notified the Company that it was required to close its offices in Melbourne, so far as the receipt of cables and telegraph messages is concerned, and to discontinue the use of the special wire between Melbourne and Adelaide.
EXTERNAL AFFAIRS
WHETHER COMMONWEALTH HAS POWER PURSUANT TO ITS TREATY OBLIGATIONS TO LEGISLATE WITH RESPECT TO MATTERS ORDINARILY WITHIN COMPETENCE OF STATES : SCOPE OF POWER : EFFECT OF TREATIES ON COMMONWEALTH AND STATE LAWS
CONSTITUTION, s. 51 (i), (ii), (xv), (xvii), (xviii), (xix), (xxvi), (xxix), (xxxix)
The Prime Minister desires advice on the questions raised in the following memo from the Secretary, Department of External Affairs to the Secretary of this Department:
I am directed by the Prime Minister to inform you that it has been stated that a question has arisen in New South Wales with respect to the Convention between the United States and Great Britain(1), 1899-1911900 Hertslet, Vol. XXI, p. 1088.
MEMBER OF PARLIAMENT
WHETHER QUALIFICATION FOR ELECTION AS SENATOR OR MEMBER OF HOUSE OF REPRESENTATIVES EXTENDS TO STATE OR DIVISION OTHER THAN THAT IN WHICH PERSON RESIDES
CONSTITUTION, ss. 16,34,43,44
The Secretary, Department of Home Affairs asks to be advised whether a person otherwise qualified, within the meaning of sections 16, 34, 43 and 44 of the Commonwealth Constitution Act, to be elected as a senator or a member of the House
of Representatives, is capable of being chosen or of sitting in either capacity on behalf of a State, or Division thereof, of the Commonwealth other than that in which he resides and for which he is enrolled.
ELECTORAL ENROLMENT
WHETHER ELECTOR MAY BE ENROLLED BY ASSUMED NAME
The Secretary, Department of Home Affairs asks to be advised on the question raised in the following minute by the Chief Electoral Officer:
The Commonwealth Electoral Officer for Victoria submits the following question for decision:
'A person whose correct name is A.B. but who for years used the adopted name of CD. has completed and lodged, with the Commonwealth Electoral Registrar at Casterton, a claim form to enrolment.
HOUSE OF REPRESENTATIVES ELECTIONS
WHETHER PROPOSALS FOR DISTRIBUTION TABLED BUT NOT ADOPTED MAY BE REVIVED : LEGALITY OF ALTERATION OF NUMBER OF MEMBERS BY EXECUTIVE AUTHORITY
COMMONWEALTH ELECTORAL ACTS 1902-1905, s. 21 : REPRESENTATION ACT 1905
The Minister for Home Affairs asks to be advised on the questions raised in the following minute by the Chief Electoral Officer:
In August last the following question was submitted for the opinion of the Attorney-General:
'If the report of a Commissioner, under Part III of the Electoral Act, be laid upon the table under section 20 and be neither affirmed or rejected does the report lapse?' Mr Isaacs advised as follows in regard to the matter(1)