The Secretary, Department of Home Affairs:
The following memorandum by the Chief Electoral Officer has been referred to me for advice:
Legal Opinions
Opinion Number. 298
Subject
| Date
SENATE ELECTIONS
WHETHER PROPER TO USE ROLLS IN EXISTENCE AT DATE OF WRIT CONSEQUENT UPON PARTIAL FAILURE OF ELECTION
Key Legislation
Opinion Number. 299
Subject
| Date
MEMBER OF PARLIAMENT
WHETHER SUCCESSFUL CANDIDATE AT VOID ELECTION ENTITLED TO ALLOW
Key Legislation
CONSTITUTION, ss. 48, 83
The following letter has been submitted to me for opinion by the Auditor-General:
Opinion Number. 300
Subject
| Date
FREED0M OF INTERSTATE TRADE
WHETHER STATE HAS POWER TO PROHIBIT INTRODUCTION OF LIVESTOCK FROM STATE SUSPECTED OF HAVING DISEASE
Key Legislation
CONSTITUTION, s. 92
Mr Frazer, M.H.R. has written to the Minister for Customs pointing out that the Governments of South Australia, Victoria and New South Wales have prohibited the introduction of horses and other stock from Western Australia for the reason that some camels landed in the north-west of that State were alleged to have 'Surra'. Mr Frazer, while recognising the rights of the States in question to keep themselves free from disease, thinks they have gone too far and have brought themselves into conflict with the provisions of the Constitution relating to the freedom of interstate trade.
Opinion Number. 301
Subject
| Date
TREATIES AFFECTING COMMONWEALTH AT FEDERATION
WHETHER APPROPRIATE TO TERMINATE APPLICATION TO QUEENSLAND OF TREATY BETWEEN UNITED KINGDOM AND JAPAN
Key Legislation
The Prime Minister forwards to me a copy of the Secretary of State's despatch dated 17 January 1908, in reference to the Anglo-Japanese Treaty of 1894(1). He proposes to give twelve months' notice to terminate the Treaty as regards Queensland, and asks for any remarks that I may desire to offer.
Opinion Number. 302
Subject
| Date
SURPLUS REVENUE OF COMMONWEALTH
NATURE OF LIABILITIES FOR WHICH COMMONWEALTH HAS POWER DURING TRANSITION PERIOD TO MAKE PROVISION BY APPROPRIATION TO TRUST FUND : WHETHER APPROPRIATION TO TRUST FUND MUST BE FOR SPECIFIC PURPOSE : WHETHER COMMONWEALTH HAS POWER TO DETERMINE TRANSITION PERIOD
Key Legislation
CONSTITUTION, ss. 51 (xxxvi), 81,87,89. 93, 94.105 : AUDIT ACTS 1901-1906, s. 62A
The following memorandum has been referred to me for an opinion:
Opinion Number. 303
Subject
| Date
MEMBER OF PARLIAMENT
WHETHER ELECTION SUBSEQUENT TO VOID ELECTION ENTITLES MEMBER TO PARLIAMENTARY ALLOWANCE FROM DATE SEAT BECAME VACANT : WHETHER PARLIAMENT HAS OTHERWISE PROVIDED'
Key Legislation
CONSTITUTION, ss. 48. 51 (xxxvi) : PARLIAMENTARY ALLOWANCES ACT 1902. s. 2 : PARLIAMENTARY ALLOWANCES ACT 1907
Senator Vardon was a candidate for election as a Senator for South Australia in an election held in 1906 to fill a place becoming vacant in 1907, and was returned as elected.
The election was disputed, and in May 1907 the Court of Disputed Returns held that Mr Vardon's election was absolutely void.(1)
Opinion Number. 304
Subject
| Date
COURTS-MARTIAL
WHETHER EMPOWERED TO SENTENCE SOLDIER TO DISMISSAL OR DISCHARGE FROM DEFENCE FORCE
Key Legislation
DEFENCE ACTS 1903-1904, ss. 97, 124
The following memorandum has been referred to me for advice:
I am directed to ask your advice upon the following point with reference to the interpretation of sections 4 ('member'), 97 (a) and 124 (g) of the Defence Act and paragraphs 237 (b) and 474 (d) of the Commonwealth Military Regulations.
Opinion Number. 305
Subject
| Date
FINANCE
WHETHER COST OF DRAFT TO TRANSMIT FUNDS IS CHARGEABLE TO VOTE: WHETHER PROFIT ARISING OUT OF PURCHASE OF DRAFT IS REVENUE
Key Legislation
CONSTITUTION, s. 81
The Treasury has asked for my opinion as to whether the provisions of section 81 of the Constitution forbid the Treasurer from charging to the vote the amount expended in the purchase of a draft, whether at a premium or discount.
Section 81 of the Constitution simply defines what moneys are to form part of the Consolidated Revenue Fund, and declares the purposes for which that Fund is to be appropriated. In the form in which the question is stated it is difficult to see how the section touches the question of charging amounts to votes.
Opinion Number. 306
Subject
| Date
AGRICULTURE
WHETHER COMMONWEALTH HAS POWER TO ESTABLISH AND APPROPRIATE REVENUE FOR DEPARTMENT OF AGRICULTURE
Key Legislation
CONSTITUTION, ss. 51 (i), (ii), (iii), (v), (viii). (ix), (xi), (xxvii), (xxix). 52 (ii). 69,81,86, 90, 98,122
The question naturally arises whether the Commonwealth has power to establish an Australian Bureau of Agriculture. It is submitted that ample power is contained in the Constitution to enact the necessary measures. Our power in this respect is similar to that of the Congress of the United States. Under section 51 of the Commonwealth Constitution, sub-section (ii)-
Opinion Number. 307
Subject
| Date
CUSTOMS DUTY
WHETHER GOODS IMPORTED OR ISSUED FROM BOND FOR NAVAL DEPOT AND ROYAL NAVY SHIPS ARE DUTIABLE
Key Legislation
CUSTOMS TARIFF 1908
It having been brought to the notice of the Auditor-General that articles imported by and for the use of the British Navy or issued from bond for consumption on board His Majesty's ships or the Naval Depot in Sydney are being allowed free of duty, he asked the Comptroller-General for information why the imports and issues from bond referred to are being allowed free of duty.