Legal Opinions

An opinion was given on 29 March 1906⁽¹⁾ that Macquarie Island was part of the State of Tasmania and therefore part of the Commonwealth.

An opinion is now desired as to whether the Island should be included in some Electoral Division of the Commonwealth for the State of Tasmania.

Tasmania had been divided into Electoral Divisions before the opinion above referred to had been given.

Macquarie Island or more properly the Macquarie group comprises several small islands and is about 1000 miles distant from Hobart.

An Order in Council dated 19 May 1898, and made 'in exercise of the powers by the Colonial Boundaries Act, 1895, or otherwise in Her Majesty vested' provides as follows:

Under section 63 of the Excise Act 1901 scales may be prescribed showing the quantity of excisable goods which shall be deemed to have been produced from a given quantity of material.

No scale has yet been prescribed for showing the quantity of tobacco which shall be deemed to have been produced from a given quantity of tobacco leaf but it is considered advisable to prescribe such a scale.

The following scale has been suggested:

The Minister for Home Affairs asks to be advised on the question raised in the following minute by the Chief Electoral Officer:

Mr Watkins, M.H.R., has brought the following newspaper cutting under the notice of the Prime Minister and asks whether the proposal specified in the cutting is not equal to a bonus and whether it does not conflict with the Federal Constitution:

QUEENSLAND PILOTAGE REBATES

The Prime Minister asks to be advised on a question which has arisen as to whether there is anything unconstitutional in the distinction made by the Victorian Pilotage Regulations, as regards exemption from pilotage rates, between vessels owned and registered in Victoria and other vessels.

The text of the Regulations is not submitted, but the facts are stated in the following memo by the Comptroller-General of Customs:

The position in regard to this matter is this:

The Minister for Home Affairs asks to be advised on the question raised in the following minute by the Chief Electoral Officer:

It would appear to be desirable when proclaiming the names and boundaries of the new Divisions, under the distribution schemes adopted by Parliament, to appoint at the same time the Divisional Returning Officers (section 7), the Electoral Registrars (section 9), and the polling places (section 25).

The Department of Defence asks to be advised on the question stated in the following minute:

The Imperial Government instituted, by Royal Warrants, certain medals and decorations for award to members of Colonial Forces, and such medals and decorations are now being issued, under Regulations approved by the Imperial Government, to members of the Naval and Military Forces of the Commonwealth.

The favour of an opinion is desired as to whether the Commonwealth Government has power-

The Minister for Trade and Customs asks for my opinion on the following case:

The local Marine Boards of Tasmania under the State law have power subject to executive approval to fix the wharfage rates to be paid on goods landed in any 'port' in their jurisdiction-but do not levy these rates on goods brought from point to point within the limits of a 'port'. (There seems however to be no express exemption in the State Act.)

The Chief Electoral Officer has asked the following question:

In cases where a soldier is absent on military duty from the Corio Division for from one to six months within the knowledge of the Registrar, is this officer justified in lodging an objection under section 69 on the ground that he is not residing in the Division of Corio, and is the Divisional Returning Officer justified in striking the name objected to off the Roll in view of an answer to the objection that the elector is only temporarily absent from Corio?