FREEDOM OF INTERSTATE TRADE
WHETHER STATE POLICE POWER EXTENDS TO EXCLUSION OF GOODS IN PREVENTING INTRODUCTION OF DISEASE : SCOPE OF POLICE POWER : WHETHER POLICE POWER INCONSISTENT WITH FEDERAL QUARANTINE LAWS
CONSTITUTION, ss. 51 (i), (ix), 92, 109, 112 : QUARANTINE ACT 1908, s. 13; Part V : THE VINE, FRUIT, AND VEGETABLE PROTECTION ACT 1885 (S.A.), ss. 3.4
The South Australian Vine, Fruit, and Vegetable Protection Act 1885 (No. 345) defines 'disease' as meaning-
any of the diseases caused by insects (as defined in this section), and any other disease affecting trees, plants, or vegetables, which the Governor shall from time to time, by Proclamation in the Government Gazette, declare to be a disease within the meaning of this Act.
PARDONING POWER
APPLICATION TO OFFENCES AGAINST COMMONWEALTH, IMPERIAL AND STATE LAWS : WHETHER GOVERNOR-GENERALS POWER EXCLUDES EXERCISE BY STATE GOVERNORS
CONSTITUTION, covering cl. 5; ss. 2,61; Chapter V : JUDICIARY ACT 1903-1907, s. 71
The Prime Minister, whose attention I have called to the fact that a petition in this matter addressed to Your Excellency had been forwarded, through inadvertence, to the Governor of Victoria, will, doubtless, take steps to prevent any future deviation from the established practice.
On the question submitted, I beg to express my opinion that the prerogative of pardon for offences against the Constitution or the laws made thereunder is exercisable within the Commonwealth by the Governor-General, to the exclusion of the Governors of the States.
SEAT OF GOVERNMENT
EFFECT OF SURRENDER OF TERRITORY ON PROPRIETARY RIGHTS
CONSTITUTION, s. 125 : SEAT OF GOVERNMENT ACCEPTANCE ACT 1909. ss. 7. 10 : SEAT OF GOVERNMENT SURRENDER ACT 1909 (N.S.W.), s. 6
I have perused the Seat of Government Surrender Bill(1) as introduced into the New South Wales Parliament.
Paragraph 2 of clause 6(2) of the Bill is open to objection on constitutional grounds.
It is taken from section 7 of The Northern Territory Surrender Act 1907 of South Australia-where similar words, not included in the Bill as introduced, were inserted in Committee. The Government of South Australia, on representations from this Government, have undertaken to introduce a Bill for their omission.
STATISTICS
WHETHER COMMONWEALTH STATISTICIAN MAY REQUIRE INFORMATION FROM STATE AUTHORITIES
CENSUS AND STATISTICS ACT 1905, s. 6
The Minister for Home Affairs has referred the following questions, stated by the Commonwealth Statistician, to me for opinion:
TRADE MARKS
CRITERIA FOR EXERCISE OF REGISTRARS DISCRETION : EXTENT TO WHICH MINISTER MAY INTERVENE
TRADE MARKS ACT 1905, ss. 32, 33, 43, 44, 45. 47
The Minister for Trade and Customs:
With reference to the opinion of the Crown Solicitor of 15 July 1907 and of the Secretary, Attorney-General's Department, 6 October 1909(1), the Minister for Customs forwards the file with the following memo:
SENATE
WHETHER SELECT COMMITTEE HAS POWER TO REQUIRE WITNESS TO TESTIFY : PROCEDURE TO COMPEL TESTIMONY
CONSTITUTION, ss. 49.50
On 22 October, the Senate resolved that 'the Committee(1) have power to send for persons, papers and records'.
On 9 November, L. C. Mackinnon, a witness before the Committee being examined by the Chairman, declined to answer certain questions. The questions do not appear to have been then pressed and answers were not insisted on.
I am asked to advise the Committee as to the steps the Committee should take with a view to obtaining the evidence sought from the witness.
SENATE
PROCEDURE UPON REFUSAL OF WITNESS TO ANSWER QUESTION BY SELECT COMMITTEE : EXTENT OF POWER TO PUNISH FOR CONTEMPT
CONSTITUTION, ss. 49.50
ELECTORAL EXPENSES
WHETHER COST OF CLERICAL WORK AMOUNTS TO : WHETHER CANDIDATE MAY HIRE SECRETARY IN CONNECTION WITH ELECTION : MEANING OF PERSONAL AND REASONABLE LIVING AND TRAVELLING EXPENSES'
COMMONWEALTH ELECTORAL ACT 1902-1909, ss. 170, 171
The following memorandum by the Chief Electoral Officer has been submitted to me by the Minister for Home Affairs:
The following questions arise under Part XIV of the Commonwealth Electoral Acts 1902-1906-
CUSTOMS DUTY
WHETHER GOODS MAY BE DELIVERED FREE OR AT REDUCED RATES FOR MANUFACTURE IN BOND
CUSTOMS ACT 1901. s. 89
The following case has, by direction of the Minister for Trade and Customs, been submitted to me for opinion:
Section 89 of the Customs Act 1901 provides that-in all prescribed cases warehoused goods in manufacturing warehouses may in manner prescribed be utilised for manufacturing purposes and the manufactured article may be delivered for home consumption subject only to the payment of such duty (if any) as may be prescribed.'
ROYAL ASSENT
EFFECT OF PURPORTED ASSENT TO ORDINANCE NOT DULY RESERVED
PAPUA ACT 1905, s. 41 : THE SURVEY FEES ORDINANCE OF 1909 (PAPUA) : COLONIAL ACTS CONFIRMATION ACT 1901 (IMP.)
I am asked to advise whether The Survey Fees Ordinance of 1909 of the Territory of Papua comes within section 41, paragraph 2, of the Papua Act 1905, and, if so, as to what is the effect of the Lieutenant-Governor having assented to the Ordinance.