Legal Opinions

The Deputy Postmaster-General, Sydney, has reported that an authority given under section 8 of the Post and Telegraph Act 1901 over the signature of Senator Findley, Acting Postmaster-General, to institute proceedings in any court of com-petent jurisdiction in New South Wales in the name of the Postmaster-General has been questioned in court.

The Secretary, Postmaster-General's Department, desires advice as to whether the authority can be given by the Acting Postmaster-General.

Section 8 of the Post and Telegraph Act 1901 -1912 provides that:

His Excellency the Governor of the State of New South Wales has written to His Excellency the Governor-General asking for advice as to whether the instrument ap-pointing him to be the Deputy of the Governor-General for the purposes of the Extra-dition Act 1903 and the Imperial Extradition Acts extends to the Lieutenant-Governor of the State when acting as the Governor's Deputy only and also as to whether a Deputy has power to appoint a Deputy.

The papers in relation to the matter have been referred by the Secretary to the De-partment of External Affairs to me for advice.

The dates suggested by the Chief Electoral Officer for the purposes of the next gen-eral election have been submitted to me by direction of the Minister for Home Affairs for review. The Minister also desires to know whether the writs can be issued on the same date as the dissolution of Parliament.

The dates suggested appear to me to comply with the Electoral Act and the Constitution.

On 9 December 1911⁽¹⁾, I advised that fines under the Defence Act and Regulations belong to the Commonwealth and not to the States.

On 25 October 1912 the Military Commandant in Tasmania wrote a letter to the Secretary to the Tasmanian Crown Law Department as follows:

A question has arisen between the German and British Governments regarding the Papuan Ordinance⁽¹⁾ relating to pearl shell and beche-de-mer fishing.

On 30 December 1912 the S.S. Empire was at Cairns in the State of Queensland. Mr A., an officer of Customs, was, according to his report, on the wharf doing preven-tive work. He noticed a Chinaman, B.C. coming ashore from the vessel. He accosted B.C., suspecting he had opium in his possession, and asked him what he had under his coat. B.C. would not stop, and made no reply, but continued to walk on. A. walked alongside him, trying to persuade him to open his coat, when three constables dressed in plain clothes came up from behind A. The police said nothing to A.

It appears that certain senior cadets in Adelaide and Port Pirie were convicted and fined for failure to render personal service, and on refusal to pay the fines were com-mitted by the Magistrate to detention for a period in Adelaide Reformatory-which appears to be under the control of the State Children's Department.

The Department has sent in a claim for their maintenance, and the Defence De-partment asks to be advised as to the liability of the Commonwealth to pay the claim.

Section 120 of the Constitution provides that:

The following memorandum by the Chief Electoral Officer has been referred by the Secretary to the Department of Home Affairs to me for advice:

It is suggested that the steamer Excelsior shall be appointed a polling place, under the Commonwealth Electoral Act, for the Division of Capricornia, in the State of Queensland, and that the vessel shall call at-

The Secretary to the Treasury has submitted the following memorandum received by him from the Secretary to the Postmaster-General's Department to me for advice:

Certain property in Queen Street, Brisbane, was purchased by the Commonwealth Bank as bank premises.

The necessary transfer was prepared, and upon lodging the transfer for registration the Chief Commissioner of Stamps, Brisbane, claimed payment of stamp duty on the transfer.

The Treasurer desires to be advised whether the Commonwealth Bank is liable and should pay the duty claimed.