The Comptroller-General of Customs forwards the following memorandum for advice:
Legal Opinions
Opinion Number. 395
Subject
| Date
IMMIGRATION
WHETHER MEMBER OF SHIPS CREW ENTERING AUSTRALIA UNDER COMPULSION OF PROSECUTION AND IMPRISONMENT IS IMMIGRANT : EXTENT OF POWER TO COMPEL MASTER, OWNER, AGENT. CHARTERER TO PROVIDE PASSAGE FROM COMMONWEALTH
Key Legislation
CUSTOMS ACT 1901-1910. ss. 233. 233B : IMMIGRATION RESTRICTION ACT 1901-1910, s.8
Opinion Number. 396
Subject
| Date
PREFERENCE TO ONE STATE OVER ANOTHER STATE
WHETHER VARIATIONS IN POSTAGE RATES ARISING UNDER STATE LAWS ADMINISTERED BY COMMONWEALTH AMOUNT TO
Key Legislation
CONSTITUTION, ss. 99,108 : POST AND TELEGRAPH RATES ACT 1902 : POSTAL RATES ACT 1910
The Premier of the State of New South Wales has written to the Prime Minister in relation to the bringing into operation of the Postal Rates Act 1910. His letter is as follows:
I have the honour to inform you that this Government has lately given consideration to the probable effect, in view of the terms of the Constitution Act, of delaying the bringing into operation of the provisions of the Postal Rates Act.
Opinion Number. 397
Subject
| Date
DUAL NATIONALITY
EFFECT ON LIABILITY FOR MILITARY TRAINING UNDER COMMONWEALTH LAW
Key Legislation
DEFENCE ACT 1903-1910, s. 125
Mr A.B. has written to the Minister for Defence as follows:
I have just filled up my declaration for two of my sons re their Compulsory Military Service.
As my sons were both born here and registered as French citizens at the French Consulate, I beg to inquire if your law applies to them, for there is not the least doubt that they will be called upon to go back to France when they are 21 to fulfil their military duty there. An official reply will oblige me, as I will require it to regularise the position of my boys before their mother country.
Opinion Number. 398
Subject
| Date
EXCISE DUTY
WHETHER PAYABLE ON PROPERTY OF COMMONWEALTH
Key Legislation
EXCISE ACT 1901. s. 161
A certain quantity of spirit for the official use of the Federal Analyst has been delivered free of Excise duty as being the property of the Commonwealth.
The Auditor-General thinks that the duty should be provided for.
The Secretary to the Treasury has referred the matter to me for advice.
According to the rules of construction relating to the subject, the Crown receives and does not pay duties and taxes. Therefore, in the absence of any express provision in the Excise Acts to the contrary, Excise duties are not payable on spirits the property of the Commonwealth.
Opinion Number. 399
Subject
| Date
FISHERIES IN AUSTRALIAN WATERS BEYOND TERRITORIAL LIMITS
EXTENT OF AUSTRALIAN WATERS AND COMMONWEALTH JURISDICTION THEREIN : WHETHER CATCHES ARE SUBJECT TO CUSTOMS DUTY AND TO STATE LAWS
Key Legislation
CONSTITUTION, s.5I(x) : CUSTOMS TARIFF 1908-1910: FISHERIES ACT 1902 (N.S.W.), s. 23
The following minute by the Director of Fisheries has been referred to me by the Comptroller-General of Customs for advice:
Opinion Number. 400
Subject
| Date
NAVAL FORCES OF COMMONWEALTH
RECOGNITION OF VESSELS AS WARSHIPS OF BRITISH EMPIRE
Key Legislation
CONSTITUTION, ss. 2,51 (vi), 61 : NAVAL DEFENCE ACT 1910
The Minister for Defence has asked for a memorandum setting out the measures that are considered necessary to give to the Naval Forces of the Commonwealth the international status of warships of a sovereign state.
Westlake, in the work on International Law, states in Part I, p. 164:
Opinion Number. 401
Subject
| Date
WRECKS
CONFERRAL OF CROWN RIGHTS IN VICTORIA : EXTENT OF STATE AND COMMONWEALTH CONTROL
Key Legislation
CUSTOMS ACT 1901-1910 : THE VICTORIA CONSTITUTION ACT 1855 (IMP.). Schedule 1. s. 47 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 523
Mr A.B.C. has discovered an ancient wreck between Warrnambool and Port Fairy* and has reported his discovery to the Customs. He claims the wreck as discoverer.
His solicitors write saying that he proposes to begin work on the wreck at once and, in order to salve it, to build a sand bag ring around it. To do this, he would have to occupy a portion of the foreshore. His solicitors wish to know if there is any objection to his proposals.
A minute has been prepared as a basis for a reply, and is as follows:
Opinion Number. 402
Subject
| Date
BOUNTIES
WHETHER COMMONWEALTH HAS POWER TO GRANT ON GOODS MADE BY THE BLIND
Key Legislation
CONSTITUTION, s. 51 (iii)
The Comptroller-General of Customs forwards the following case for opinion:
Opinion Number. 403
Subject
| Date
FREED0M 0F INTERSTATE TRADE
WHETHER STATE HAS POWER TO FORBID IMPORT OR EXPORT OF GOODS UNTIL FURNISHING OF STATISTICAL RETURNS
Key Legislation
CONSTITUTION, s. 92 : THE MARINE BOARDS ACT AMENDMENT ACT 1910 (TAS.), s. 38
The Comptroller-General of Customs asks to be advised on the questions raised in the following memorandum:
Advice is desired whether the action of the Tasmanian Marine Boards in requiring the information specified herein is in conflict with the Constitution. The details of information, complaint of which is made, are not necessary for the purpose of collecting wharfage, but are obtained merely for statistical purposes and their insistence is undoubtedly a hindrance to trade and contrary to the intention of section 92 of the Constitution Act.
Opinion Number. 404
Subject
| Date
PUBLIC SERVANT
DATE TO WHICH SALARY SHOULD BE PAID IN CASE OF FORFEITURE OF OFFICE, DISMISSAL OR DEATH
Key Legislation
ACTS INTERPRETATION ACT 1901, s. 36 : COMMONWEALTH PUBLIC SERVICE ACT 1902-1909, s. 66
The Public Service Commissioner asks for advice on the question raised in the following memorandum by his Secretary:
I am directed to state that at the present time a uniform procedure is not observed by Departments in the payment of officers who have forfeited office under the provisions of section 66 of the Commonwealth Public Service Act, or who have been dismissed, or who have died.