Legal Opinions

The Secretary, Department of Home Affairs, forwards the following minute for advice:

The Minister for Home Affairs instructed me to refer to the Auditor-General the questions set out in my memorandum of the 14th instant, which reads as follows:

'It has already been ruled that all moneys received by way of rent for the use of buildings the property of the Commonwealth must be properly accounted for and paid into the Consolidated Revenue Fund in accordance with the Audit Act 1901 and the Regulations made thereunder.

I. natural-born british subjects

The following are natural-born British subjects:

1. a person born in the British Dominions;
2. a person born abroad but whose father or paternal grandfather was born in the British Dominions.

But a woman being a natural-born British subject becomes an alien on marrying an alien, and continues to be a statutory alien during widowhood unless she obtains a certificate of readmission to British nationality or a certificate of naturalization.

The Comptroller-General of Customs asks to be advised whether, under section 523 of the Merchant Shipping Act 1894, the proceeds of wrecks should be paid to the Federal or the State Treasury.

There is some difficulty, in view of Imperial legislation, in answering this question.

Prior to 6 July 1863, what is now known as the Northern Territory was part of the State of New South Wales.

The Australian Constitutions Act 1842(5 & 6 Vic. c. 76), section 51 empowered the Queen, by Letters Patent, to separate from New South Wales any part of the territory of that colony lying to the northward of 26 degrees south latitude, and to erect the same into a separate colony or colonies.

The Secretary to the Treasury forwards the following memorandum for advice:

The Audit Act (section 62a) provides that moneys appropriated by law, for the purposes of any Trust Account may be paid to the credit of the Trust Account.

The Schedule to the Audit Act defines the purposes of the Small Arms Ammunition Account.

Apparently moneys may be transferred from Revenue to Trust Fund without Order in Council on the authority of the Audit Act.

The Auditor-General asks for my endorsement of the opinion given to the Secretary to the Treasury by the Secretary to this Department on 27 July⁽¹⁾ upon the question of'Trust Account-Audit Act-Surplus Revenue Act'.

The use of different words in the two Acts (62A (2) of Act 1901-1906⁽²⁾ and 5 of Surplus Revenue Act 1908) may seem to support the suggestion that a doubt exists as to whether the Trust Account.

I have considered Mr Wade's*1' letter of 5 August 1909 as desired.

On 31 May 1909, A.B.C., an officer of the Department of Trade and Customs, was charged with being guilty of improper and disgraceful conduct within the meaning of section 46 of the Commonwealth Public Service Act 1902.

The words of the section are 'any disgraceful or improper conduct'.

The Board of Inquiry found four of the ten charges proved, and that C.'s conduct in connection therewith was both improper and disgraceful and created a public scandal; but that such conduct was not connected with, and had not affected the efficient discharge of, his official duties.

The Prime Minister asks to be advised on the points raised in the following extract from a letter received from the Premier of New South Wales on the subject of the proposed transfer of Norfolk Island to the Commonwealth:

It appears that the Victorian Board of Health has recently issued a circular to shipowners informing them that certain provisions of the Victorian ship-berthing regulations must be observed in addition and supplementary to the regulations relating to rats and mice from vessels etc. under the Commonwealth Quarantine Act.

The Director of Quarantine has minuted the Comptroller-General as follows: