Legal Opinions

The Chairman of the Royal Commission on Stripper Harvesters and Drills has asked for my opinion on the following points:

The following case has been submitted to me by the Treasury for opinion:

The question of charging the vote with premiums on remittances and of crediting the vote with discounts on remittances, is resubmitted by direction for the opinion of the Attorney-General.

It may be further explained that it is desired to charge the vote in every instance with the cost of the draft.

The full expense of payment in London is charged to the vote if the premium is demanded by the bank on the remittance.

The Consul-General for France writes to the Governor-General, informing him that Mr Page, ex-Consular Agent for France at Adelaide, though repeatedly advised of the revocation of his appointment (notice of which was gazetted on 30 January 1909), continues to exercise the functions of Consular Agent, and to collect fees for documents which he illegally draws up; and also insists on keeping in his possession the seal, registers and archives which are the property of the French Government.

The Commonwealth occupies three distinct portions of the Rialto Building as offices for the Commonwealth Statistician, the Patents Office, and a Post Office, respectively.

In each of the three leases there is a covenant in the following terms:

And the Lessor hereby agrees to pay all rates taxes and other outgoings of every kind for the time being payable in respect to the demised premises.

The Minister for Home Affairs asks, in connection with the provisional alteration of Public Service Regulation 41, to be advised on the question whether public servants are debarred from being candidates for Parliament (provided they conduct such candidature in their own time).

The matter is not dealt with by the Public Service Regulations as they at present stand.

But section 44 of the Constitution provides that any person who holds any office of profit under the Crown is incapable of being chosen or of sitting as a Senator or a Member of the House of Representatives.

Minister for Home Affairs asks for my advice on the constitutional questions raised in the following memorandum:

Section 12 of the Constitution Act provides that: 'The Governor of any State may cause writs to be issued for elections of senators for the State . . .'

The Borough Council, Stawell, has served upon the Postmaster of that town a demand for payment of rates in respect of the quarters occupied by him.

The quarters in question are the property of the Commonwealth and it is stated in the correspondence that the claim of the Borough Council is based on the decision of the Victorian Full Court in the case of Ferntree Gully Shire v. Johnston, and that other Councils in Victoria intend submitting similar claims for rates.

The Prime Minister asks for advice on the questions raised in"the following memo by the Secretary, Department of External Affairs:

The Minister has had under consideration the question of putting a stop to arrangements known to be made in other countries, notably the colonies of Hong Kong and Straits Settlements, for the purpose of illicitly introducing Chinese to Australia.

The Minister for Home Affairs asks for my opinion whether the Commonwealth Statistician has power to demand information from State Ministers for statistical purposes, and if so whether a regulation could be passed declaring State Ministers to be prescribed persons under section 17 of the Census and Statistics Act 1905.

The Census and Statistics Act 1905 by section 6 prescribes the method by which statistical information is to be obtained from State Government Departments, viz. by arrangement with the Governor of the State concerned.

By section 125 of the Constitution, the Seat of Government is to be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth, and shall be in the State of New South Wales, and not less than one hundred miles distant from Sydney. The area is to be not less than one hundred square miles, and such portion thereof as shall consist of Crown lands shall be granted without payment.