GREAT BARRIER REEF
WHETHER HAS BEEN ANNEXED TO QUEENSLAND
THE QUEENSLAND COAST ISLANDS ACT OF 1879 (QLD)
Mr J. B. Steel has written to the Prime Minister asking whether the Great Barrier Reef has been annexed to Queensland, and the Secretary to the Department of External Affairs has forwarded the matter to me for advice.
The facts with regard to the boundaries of Queensland are as follows:
By Letters Patent of 6 June 1859 the boundaries of Queensland were defined as including 'all the adjacent islands their members and appurtenances in the Pacific Ocean'.
FISHERIES IN AUSTRALIAN WATERS BEYOND TERRITORIAL LIMITS
WHETHER COMMONWEALTH HAS POWER TO REGULATE DISPOSAL OF FISH TAKEN OUTSIDE TERRITORIAL LIMITS : WHETHER CATCHES ARE SUBJECT TO STATE LAWS
CONSTITUTION, s. 51 (x), (xxxix) : FISHERIES ACT 1902 (N.S.W.), ss. 23, 26: FRESHWATER FISHERIES ACT 1878 (IMP.), s. 11
I have read the case referred to by Mr Dannsvig. It is the case of Olsen v. Paxino, reported in 22 W.N. page 199. It was heard before the Chief Justice sitting alone and does not appear to have been argued at any great length, as no authorities were cited or considered in connection with the main question.
DEFENCE PURPOSES
EXTENT OF POWER TO ENTER AND USE LAND : WHETHER LEGISLATION WITHIN EXCLUSIVE POWER OF COMMONWEALTH BINDS STATES WITHOUT EXPRESS MENTION
CONSTITUTION, ss.SI (vi), 52(H), 69, 114 : DEFENCE ACT 1903-1910, s.69
Section 69 of the Defence Act is as follows:
The Governor-General may give a general or particular authority to the Defence Force, or any part thereof, to enter upon and use any lands for training, manoeuvres, or other naval or military exercises or purposes, and compensation shall be made, in the manner prescribed, for any damage or loss sustained by the owner or occupier of the lands, by reason of such entry or use.
ELECTIONS
WHETHER PROPER FOR APPLICATION FOR POSTAL BALLOT-PAPER TO BE IDENTI
COMMONWEALTH ELECTORAL ACT 1902-1909. s. 110A
The Minister for Home Affairs asks for advice on the question raised in the following memo by the Chief Electoral Officer:
Political organisations apply for and obtain from the Post Offices or Returning Officers considerable numbers of 'K' forms-i.e. forms of application for postal vote certificates and postal ballot-papers which, it is believed, they distribute to persons who are regarded as supporters, and who it is thought will be absent from their homes, or the places for which they are enrolled, on polling day.
FINANCE
WHETHER PURPOSES OF APPROPRIATION AND TRUST ACCOUNT MUST BE IDENTICAL TO ENABLE PAYMENT OF MONEYS INTO ACCOUNT
AUDIT ACT 1901-1909, s. 62A: APPROPRIATION ACT 1910-1911
The Secretary to the Treasury has forwarded the following memorandum to me for advice:
It is proposed to close the 'Defence Clothing Material Account' included in the Schedule to the Audit Acts 1901-1909 and to establish a new Trust Account to be called the 'Defence Clothing Account', the purposes of the account to be defined as 'Purchase of material for Defence Uniforms also purchase of uniforms and other articles of Kit'.
STATE PROPERTY TRANSFERRED TO COMMONWEALTH
EFFECT OF TRANSFER : GRANT OF MINING LICENCES
CONSTITUTION, s. 85 : LANDS ACQUISITION ACT 1906, s. 62
Certain persons at Thursday Island state that they have discovered gold on a rifle range there, and have applied for permission to prospect their discovery.
The Defence Department has no objection to the application being granted, provided that the full use of the land for defence purposes is not interfered with, and that the Commonwealth is absolved from all liability in regard to risk or accident.
The rifle range is a transferred property under section 85 of the Constitution.
TAXATION : LAND TAX
NATURE, SCOPE, EXTENT OF TAXING POWER : LIMITS TO POWER : NATURE OF DISCRIMINATION BETWEEN STATES AND PARTS OF STATES : WHETHER LAND TENURE SUBJECT TO TAXATION : WHETHER DEMISE OF CROWN AFFECTS COMMONWEALTH PARLIAMENT : CONSTRUCTION OF STATUTES IN PARI MATERIA : SEVERABILITY
CONSTITUTION, ss. 7, 12, 13, 28. 32, 51, 51 (ii), (xxxi), (xxxix), 53, 55. 99. 114 : CUSTOMS ACT 1901-1910, s. 161 : LAND TAX ACT 1910. s. 2 : LAND TAX ASSESSMENT ACT 1910, ss. 10. 11. 13. 17. 30. 38. 39. 40, 41. 48. 63. 66. 69, 70. 71 : THE MEETING OF PARLIAMENT ACT 1797 (IMP.), s. 3 : DEMISE OF THE CROWN ACT 1901 (IMP.)
COMMONWEALTH ats. OSBORNE(1)–OBSERVATIONS
Grounds of invalidity that may be raised
IMMIGRATION
WHETHER ALIENS PERFORMING DUTIES EXCLUSIVELY AS SLAUGHTERMEN ON FOREIGN TRADE SHIP WHILE IN AUSTRALIAN PORT ARE IMMIGRANTS : WHETHER SUCH PERSONS ARE PART OF SHIPS CREW
IMMIGRATION RESTRICTION ACT 1901-1910. s. 3 . MERCHANT SHIPPING ACTS 1894 TO 1907 (IMP.)
On 14 February, the Premier of Western Australia telegraphed to the Prime Minister as follows:
In view of prohibition importation livestock into Manila local firm of livestock dealers propose sending a steamer Wyndham every two months slaughtering and freezing two thousand head of cattle on board each trip stop sixty coloured slaughtermen will be required stop presume your government has no objection stop matter is one of urgent importance to cattle breeders northern portion our State stop early and definite reply will be appreciated in view of great expense involved.
IMMIGRATION
WHETHER FORMER MEMBER OF SHIP'S CREW ON RELEASE FROM IMPRISONMENT BECOMES IMMIGRANT
IMMIGRATION RESTRICTION ACT 1901-1910. s. 5
The Secretary, Department of External Affairs forwards the following case for opinion:
With reference to the accompanying papers respecting the question of the deportation from the Commonwealth of Chinese members of crews who may be prosecuted for opium smuggling, and particularly as regards your opinion of 9 January last(1), please furnish me with advice as to whether such men do not become immigrants after their release from gaol-
PUBLIC SERVANT
WHETHER COMMONWEALTH LIABLE TO GRANT FURLOUGH
COMMONWEALTH PUBLIC SERVICE ACT 1902-1909, ss. 71, 79
The Public Service Commissioner has forwarded the following memorandum to me for opinion: