The Prime Minister has forwarded to me for advice a letter addressed by Mr Richard A. Crouch to the Governor-General, from which the following is an extract: My Lord,
Legal Opinions
Opinion Number. 378
Subject
| Date
PARLIAMENT
WHETHER DEMISE OF CROWN RECONVENES . EXTENT OF GRANT TO COMMONWEALTH PARLIAMENT OF POWERS AND PRIVILEGES OF HOUSE OF COMMONS
Key Legislation
CONSTITUTION, s. 49 : THE SUCCESSION TO THE CROWN ACT 1707 (IMP.), s. 6 : THE MEETING OF PARLIAMENT ACT 1797 (IMP.), s. 3 : THE MEETING OF PARLIAMENT ACT 1870 (IMP.)
Opinion Number. 379
Subject
| Date
JERVIS BAY
EXTENT OF COMMONWEALTH POWER OVER WATERS OF AND WATERS BEYOND
Key Legislation
CONSTITUTION, covering cl. 5; s. 122 : SEAT OF GOVERNMENT ACCEPTANCE ACT 1909.s.5
The Secretary, Department of Home Affairs forwards the following memorandum:
Opinion Number. 380
Subject
| Date
SENATE ELECTIONS
WHETHER GOVERNOR MAY CERTIFY ELECTION OF SENATORS BY TELEGRAM
Key Legislation
CONSTITUTION, s. 7
Opinion Number. 381
Subject
| Date
FISHING BY FOREIGN VESSELS IN AUSTRALIAN WATERS
APPLICATION OF COMMONWEALTH AND STATE LAWS
Key Legislation
CUSTOMS ACT 1901, ss. 58-61, 64, 127-191129, 184-191192, 203, 228 : THE PEARL SHELL FISHERY ACT 1886 (W.A.). s. 2 : THE SHARKS BAY PEARL SHELL FISHERY ACT 1892 (W.A.) : ACT No. 19 OF 1897 (W.A.)
It has been reported that certain vessels from Koepang have since April last been working on the north-west coast of Western Australia collecting turtle shell, trocas shell and trepang.
The Assistant Comptroller-General of Customs has referred the matter to me for advice with the following minute:
Opinion Number. 382
Subject
| Date
NAVIGATION AND SHIPPING
WHETHER COMMONWEALTH HAS POWER TO REGULATE EMPLOYMENT OF SHIPS' CREWS ON WORK USUALLY PERFORMED BY SHORE WORKMEN
Key Legislation
CONSTITUTION, ss. 51 (i), 98
The Minister for External Affairs has referred a file for consideration of what legislative measures can be taken to regulate the employment of ships' crews on work usually performed by shore workmen, upon or in connection with ships, during times of industrial dispute or otherwise.
The file referred to is the file of the case of the S.S. Dollar which had a coloured crew and, during an industrial dispute, used the crew to discharge the cargo and to do work in connection therewith on the wharf.
Opinion Number. 383
Subject
| Date
PUBLIC SERVANT
WHETHER MAY PARTICIPATE IN STATE POLITICS
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902-1909
The Minister for Home Affairs has submitted the following memorandum by the Public Service Commissioner to me for advice:
A communication has been received from a elegraphist in Sydney inquiring, in view of the approach of the State elections, as to how far, if at all, officers are permitted to identify themselves with party politics.
The matter is not referred to specifically in the Public Service Act, but the code of Regulations as originally promulgated on 1 January 1903 contained a provision, Regulation 41, as follows:
Opinion Number. 384
Subject
| Date
ROYAL ASSENT
WHETHER GOVERNOR-GENERAL BEFORE ASSENTING TO BILL SUBMITTED TO ELECTORS SHOULD BE INFORMED AS TO WHETHER RESULT OF REFERENDUM IS IN DISPUTE : ROLE OF CLERK OF HOUSE OF REPRESENTATIVES : FORM OF CHIEF ELECTORAL OFFICER'S CERTIFICATE
Key Legislation
CONSTITUTION, ss. 58, 128 : REFERENDUM (CONSTITUTION ALTERATION) ACT 1906
The Clerk of the House of Representatives has forwarded the following memorandum to me for advice:
This proposed law(1) was forwarded to the Governor-General by the Speaker on 1 December 1909. It was submitted to a Referendum of the people on 13 April 1910. The Chief Electoral Officer's certificate as to the result of the Referendum appears in Gazette No. 38 of 3 June 1910.
Opinion Number. 385
Subject
| Date
DEFENCE
EXTENT OF POWER : EXTRATERRITORIALITY : WHETHER PERSONS WHO ENLIST OUTSIDE AUSTRALIA ARE SUBJECT TO COMMONWEALTH LAW
Key Legislation
CONSTITUTION, s. 51 (vi) : DEFENCE ACT 1903-1909. s. 48
The following memorandum has been submitted to me by the Minister for Defence for advice:
The Australian T.B. Destroyers Parramatta and Yarra will be leaving England shortly on their voyage to Australia. Their crews consist largely of members of the Permanent Naval Forces of the Commonwealth, sent to England for the purpose. In addition certain men will be loaned from the Royal Navy.
Opinion Number. 386
Subject
| Date
NATURALIZATION
STATUS OF WOMAN, BORN A BRITISH SUBJECT, UPON MARRIAGE TO ALIEN . WHETHER STATUS MAY BE CHANGED DURING MARRIAGE
Key Legislation
NATURALIZATION ACT 1903 : NATURALIZATION AND DENIZATION ACT OF NEW SOUTH WALES 1898 (N.S.W.), S.8 : THE NATURALIZATION ACT 1870 (IMP.), S. 10
Mrs A., who resides at Kurri Kurri, New South Wales, and is by birth a British subject, was married in 1895 at Newcastle, New South Wales, to a subject of the Ger-man Empire.
Her husband, who has not been naturalized as a British subject, met with an acci-dent some years ago, which occasioned him permanent mental injury, and rendered necessary his confinement in an asylum.
Mrs A. is desirous of being naturalized under the Commonwealth Naturalization Act 1903, and I am asked to advise on the following questions:
Opinion Number. 387
Subject
| Date
ELECTORAL EXPENSES
WHETHER UNSUCCESSFUL CANDIDATE SHOULD BE PROSECUTED FOR FAILING TO FILE RETURN : BY WHOM DISCRETION TO PROSECUTE EXERCISABLE : CRITERIA FOR CHANGE IN DEPARTMENTAL PRACTICE
Key Legislation
COMMONWEALTH ELECTORAL ACT 1902-1909. Part XIV
Mr A.B. was a candidate at the last Senate election in the State of New South Wales.
He has failed to file a return of his electoral expenses under the provisions of Part XIV of the Electoral Act 1902-1909.
Mt B.'s excuse for non-compliance is as follows: