CUSTOMS DUTY
WHETHER REDUCTION OR REMISSION OF DUTY ON GOODS IMPORTED FROM BRITISH SETTLERS IN NEW HEBRIDES VIOLATES MOST FAVOURED NATION PROVISION IN TREATIES WITH FOREIGN COUNTRIES : WHETHER BRITISH SETTLERS IN NEW HEBRIDES ARE NATION OR STATE
In relation to a proposal that a reduction of customs duty should be made on the importation into the Commonwealth of goods the produce of British settlers in the New Hebrides, the following telegraphic correspondence has passed between the Secretary of State for the Colonies and the Governor-General:
Secretary of State for the Colonies to Governor-General, 29 September 1906:
CUSTOMS
CLEARANCE OF SHIP : CRITERIA FOR ASSISTING IN ENFORCEMENT OF STATE LAWS
CUSTOMS ACT 1901, s. 122
The Premier of New South Wales has written to the Prime Minister stating that owing to a new interpretation of the Customs Act 1901 the Lord Antrim was recently granted a clearance by the Acting Collector of Customs at Sydney, against the advice of the Department of Navigation in consequence of the conditions of the vessel's life-saving appliances. He directs attention to section 122 of the Customs Act 1901, which provides that a clearance shall not be granted ' . . .
ELECTIONS
WHETHER POSTAL VOTE BY ELECTOR WHO DIES BEFORE POLLING DAY IS VALID
COMMONWEALTH ELECTORAL ACTS 1902-1905, PartX
The following memorandum by the Chief Electoral Officer has been referred to me for advice:
The Commonwealth Electoral Officer for Queensland has submitted the following question which has been referred to him by one of his Returning Officers:
'Supposing an elector, after having availed himself of the facilities provided in Part X (Postal Voting) of the Electoral Acts, dies before polling day, is the vote recorded by that person allowable? I would be inclined to reject it.'
ELECTIONS
WHETHER CANDIDATE MAY WITHDRAW NOMINATION
COMMONWEALTH ELECTORAL ACTS 1902-1905, s. 105A: THE BALLOT ACT 1872 (IMP.), s. 1
The Secretary, Department of Home Affairs asks to be advised on the question raised in the following memo by the Chief Electoral Officer:
It is highly probable that several candidates who have been nominated for the forthcoming election and whose names will appear upon the ballot-papers will publicly withdraw prior to polling day, and intimate the fact to the Returning Officer concerned.
IMMIGRATION
WHETHER AUSTRALIAN-BORN CHINESE RETURNING TO AUSTRALIA FROM CHINA ARE IMMIGRANTS
CONSTITUTION, s. 51 (xxvii) : IMMIGRATION RESTRICTION ACTS 1901-1905
The Prime Minister asks to be advised on the following question:
Does the fact that a person has been born in Australia prevent him on returning after a lengthy absence from being considered an 'immigrant' within the meaning of the Immigration Restriction Acts 1901-1905?
ELECTIONS
WHETHER APPLICATION FOR POSTAL VOTE MAY BE SIGNED IN BRAILLE
COMMONWEALTH ELECTORAL ACTS 1902-1905, s. 109
The question whether an application for a Postal Vote Certificate on Form K under the Commonwealth Electoral Acts 1902-1905 with the signature in Braille character can be received has been referred to me for advice.
I am informed that a Braille signature is made with a machine by indentation of characters and that there is nothing to distinguish a given name written by one person or another unless witnessed.
Under the Electoral Acts 1902-1905, an application for a postal vote certificate must be signed by an elector in his own handwriting.
ELECTIONS
WHETHER CANDIDATE'S DEPOSIT LIABLE TO GARNISHMENT
COMMONWEALTH ELECTORAL ACTS 1902-1905, s. 103
The Metropolitan Gas Co. has served upon the Commonwealth Electoral Officer for the State of Victoria a garnishee order requiring him to pay to the Company so much of the debt due from him to A.C. as may be sufficient to satisfy a debt of £2.5.6 due by A. C. to the Company.
It appears that the moneys attempted to be garnisheed are the deposit of £25 lodged with the Electoral Officer by A.B.C., a candidate for the Senate.
The Secretary, Department of Home Affairs asks to be advised on the matter.
DEFENCE
WHETHER FORMATION WITHIN AUSTRALIA OF PARAMILITARY ORGANIZATION CONTRAVENES COMMONWEALTH LAW
DEFENCE ACTS 1903-1904
The Minister for Defence forwards a prospectus of the Legion of Frontiersmen, with correspondence, and asks to be advised on the following question:
Would such a military organization, separate entirely from Government control, be permissible under our Defence Act?
It is stated in the prospectus that-
TREATIES AFFECTING COMMONWEALTH AT FEDERATION
IMPERIAL TREATY-MAKING POWER : CONSEQUENCES OF FEDERATION ON STATE ADHERENCE TO IMPERIAL TREATIES : LIMITATIONS ON COMMONWEALTH POWER
CONSTITUTION, ss. 51 (xxixj, 99
Opinion is sought by the Prime Minister-
. . . as to how far the Commonwealth is bound by the commercial treaties of the Empire. These treaties may be divided for the present purposes into the following classes:
ELECTORAL ENROLMENT
WHETHER PERSON WRONGLY ENROLLED AS STATE ELECTOR ENTITLED TO : EFFECT OF SWEARING OATH OF ALLEGIANCE
CONSTITUTION, s. 41
A Mr A., who resides in Queensland, has made a claim to be enrolled on a Commonwealth Electoral Roll.
Mr A. was born in France and has not been naturalized; and in the absence of naturalization it appears to be assumed that he is not a British subject. He claims to be naturalized, so it is stated, on the ground of his having taken the oath of allegiance to the Queen when serving in the Defence Force of Queensland.
Apparently, his name has been enrolled on a State Electoral Roll in Queensland.