CUSTOMS DUTY
WHETHER GOODS MAY BE DELIVERED FREE OR AT REDUCED RATES FOR MANUFACTURE IN BOND
CUSTOMS ACT 1901, s. 89 : CUSTOMS TARIFF 1908, s. 2
With reference to my opinion of 5 January 1910(1) the Minister for Customs forwards the following memo for advice:
I have given consideration to this matter and I am much impressed by the view that the establishment of factories in Australia for the making of handkerchiefs would be an industry much to the advantage of the country.
MEMBER OF PARLIAMENT
WHETHER MAY GO ABROAD BEFORE BEING SWORN . EFFECT ON PARLIAMENTARY ALLOWANCE . TIME LIMIT FOR TAKING SEAT
CONSTITUTION ss. 42. 48 : PARLIAMENTARY ALLOWANCES ACT 1907. s. 5
The Clerk of the House of Representatives asks for my advice on the following questions put by Mr Poynton, who wishes to go abroad immediately after the elections:
- Can I leave before being sworn in without invalidating my seat?
- Can'I obtain leave of absence without being sworn in?
- Would my leaving before being sworn in affect my parliamentary allowance?
My opinion upon the above questions is as follows:
CUSTOMS
EFFECT ON RIGHTS OF CONSIGNEES OF PERMIT TO UNSHIP GOODS BEFORE ENTRY PASSED : WAIVER OF BENEFIT OF STATUTE
CUSTOMS ACT 1901, s. 76: INSTRUMENTS ACT 1890 (VIC), s. 108
The Comptroller-General of Customs has referred to me for opinion the following case:
CRIMINAL LAW
WHETHER COMMONWEALTH HAS POWER TO MAKE LIBELS AGAINST COMMONWEALTH OR STATE PUNISHABLE : EXTENT OF POWER TO LEGISLATE WITH RESPECT TO CRIMINAL MATTERS : EXTRATERRITORIALITY
CONSTITUTION, s. 51 (i). (xxvii), (xxxix)
The Prime Minister asks to be advised whether there is power under the Constitution to pass a law to make libels on the Commonwealth or on a State punishable.
The Constitution confers no direct power on the Parliament to legislate with respect to criminal matters. But there is no doubt that the Commonwealth Parliament has power, incidentally to its various enumerated powers, to pass such criminal laws as it thinks necessary in relation to those powers.
STATUTORY DECLARATIONS
WHETHER STATE STAMP DUTY PAYABLE WHERE USED FOR COMMONWEALTH PURPOSES
IMMIGRATION RESTRICTION ACT 1901-1908, s. 4B : THE STAMP ACT AMENDMENT ACT 1902 (S.A.)
The Secretary, Department of External Affairs, forwards for advice the following memorandum from the Collector of Customs, Adelaide:
Under the South Australian State Stamp Duties Acts(1) Is stamp duty is required on each-
'Affidavit or declaration when sworn or declared and subscribed before a Special Magistrate, Justice of the Peace, Commissioner for taking Affidavits, or a Notary Public'.
ROYAL ASSENT
PROCEDURE FOR RESERVING ORDINANCE FOR GOVERNOR-GENERAL : WHETHER LEGISLATIVE COUNCIL OF TERRITORY HAS POWER TO GIVE ORDINANCE RETRO
THE SURVEY FEES ORDINANCE OF 1909 (PAPUA)
On 1 February 1910 the Attorney-General advised(1) that The Survey Fees Ordinance of 1909 of Papua came within section 41, paragraph (2), of the Papua Act and that as it did not contain a suspending clause the Lieutenant-Governor had no power to assent and that his assent thereto was invalid and of no effect.
On 17 March 1910 the Secretary to this Department advised(2) that reservation of the Ordinance by the Lieutenant-Governor for the Governor-General's assent should precede that assent.
HOUSE OF REPRESENTATIVES ELECTIONS
WHETHER DIVISIONAL RETURNING OFFICER SHOULD REJECT NOMINATION BY APPARENTLY INELIGIBLE CANDIDATE
CONSTITUTION, s. 44 : COMMONWEALTH ELECTORAL ACT 1902-1909, ss. 95, 100. 102, 105
It appears that Mr W. H. L. Smith, a candidate nominated for the Division of Denison, Tasmania, was at the time of nomination and up to polling day an officer in the Tasmanian Railway Service, but was on leave of absence without pay for two months from 4 March.
Mr Smith received the greatest number of votes at the election, and was returned as elected.
The Secretary, Department of Home Affairs forwards the papers for advice-
ELECTIONS
WHETHER ROLLS AT POLLING PLACES SHOULD BE COMPARED TO UNCOVER DOUBLE VOTING OR PERSONATION
COMMONWEALTH ELECTORAL ACT 1902-1909, Part XVI
Sir John Forrest has communicated with the Department of Home Affairs asking that the rolls used at each of the polling places be compared with one another so as to ascertain if any one voted more than once, and also with a view to detecting impersonation.
The Chief Electoral Officer in reporting on the request says:
REFERENDUMS
WHETHER INFORMAL VOTES SHOULD BE COUNTED IN ASCERTAINING TOTAL NUMBER OF ELECTORS VOTING
CONSTITUTION, s. 128 : REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1909
In the Sydney Daily Telegraph of 6 May 1910 a writer who signs himself 'Lex' expresses a doubt as to whether the Referendum on the Constitution Alteration (State Debts) Bill has been carried within the meaning of section 128 of the Constitution.
CENSUS
WHETHER HOUSEHOLDER'S SCHEDULE MAY CONSIST OF SERIES OF CARDS
CENSUS AND STATISTICS ACT 1905, s. 10
The Minister for Home Affairs asks to be advised on the question raised in the following minute by the Commonwealth Statistician:
Under section 10 (1) of the Census and Statistics Act 1905-
'For the purpose of taking the Census, a form called the Householder's Schedule shall be prepared, and left, in accordance with the regulations, at every dwelling throughout the Commonwealth.'