PUBLIC SERVANT
WHETHER STATE PUBLIC SERVANT MAY CONDUCT CANDIDATURE FOR AND BE NOMINATED FOR COMMONWEALTH PARLIAMENT : CRITERIA FOR REJECTION OF NOMINATION BY RETURNING OFFICER
CONSTITUTION, s. 44 : COMMONWEALTH ELECTORAL ACT 1902-1911. s. 95
The following memorandum by the Chief Electoral Officer has been referred by the Secretary to the Department of Home Affairs to me for advice:
The Commonwealth Electoral Officers and Divisional Returning Officers desire legal advice in the following matters:
POLLING PLACES
WHETHER COMMONWEALTH HAS POWER TO APPOINT FOR SENATE ELECTIONS
CONSTITUTION, s.9 : COMMONWEALTH ELECTORAL ACT 1902-1911, s. 25 : SENATORS' ELECTIONS ACT 1903 (N.S.W.) : SENATE ELECTIONS (TIMES AND PLACES) ACT 1903 (VIC.) : THE ELECTION OF SENATORS ACT OF 1903 (QLD) : THE ELECTION OF SENATORS ACT 1903 (S.A.) : ELECTION OF SENATORS ACT 1903 (W.A.) : THE ELECTION OF SENATORS ACT 1903 (TAS.)
The Secretary, Department of Home Affairs, forwards for opinion the following memorandum by the Chief Electoral Officer:
Polling places for the purposes of Senate elections are appointed by the State Execu-tive under the provisions of The Election of Senators Act 1903 (Tasmania), which pro-vides that:
'The Governor shall by Proclamation to be published in the Hobart Gazette not less than seven days before the issue of the writ for any Election of Senators for the State of Tasmania fix:
The Places at which such Election shall be held:
COMMONWEALTH BANK
WHETHER SUBJECT TO TAXATION BY STATE OR STATE AUTHORITY : WATER AND SEWERAGE RATES : LIABILITY FOR SERVICES RENDERED
CONSTITUTION, s. 114
The Governor of the Commonwealth Bank has received from the Metropolitan Board of Water Supply and Sewerage, Sydney, an account for value of water supplied and sewerage services rendered to the Bank.
The statement attached to the account (which relates to the half year ending on 30 June next) shows that the amount of the account is arrived at by means of a fixed rate upon a certain assessment.
The Treasurer desires to be advised as to whether this and similar accounts for water and sewerage should be paid by the Bank.
COMMONWEALTH BANK
WHETHER PROPERTY OF BANK IS COMMONWEALTH PROPERTY : WHETHER SUBJECT TO MUNICIPAL RATES
CONSTITUTION s. 114
The Treasurer has forwarded the following communication from the Governor of the Commonwealth Bank for advice:
I have the honour to hand you herewith, notice of valuation from the City of Brisbane on property purchased in Queen Street for the Commonwealth Bank of Australia; also notice from the City of Sydney for City rate of the premises recently acquired by the Com-monwealth Government for the Commonwealth Bank, and I will be glad if you will kindly get the opinion of the Attorney-General as to whether we are liable to pay same.
SERVICE AND EXECUTION OF PROCESS
WHETHER COMMONWEALTH LEGISLATION EXTENDS TO PAPUA : WHETHER TERRITORIES POWER ALLOWS FOR SERVICE AND EXECUTION THROUGHOUT COMMONWEALTH OF PROCESS AND JUDGMENTS OF PAPUA
CONSTITUTION, ss. 51 (xxiv), (xxxix), 122 : SERVICE AND EXECUTION OF PROCESS ACT 1901-1912
The Secretary, Department of External Affairs has forwarded the following letter for consideration:
ELECTIONS : REFERENDUMS
EFFECT OF DESTRUCTION OF BALLOT-PAPERS ON COUNTING OF VOTES
The Secretary, Department of Home Affairs,forwards the following memorandum by the Chief Electoral Officer for advice:
The Emmaville polling booth in the Subdivision of Emmaville Division of New England was destroyed by fire at 5 a.m. on Sunday the 1 st instant. The Assistant Returning Officer at Emmaville has reported-
that the whole of the ballot-papers and other documents used in connection with the elections and referendums were lost;
FREEDOM OF INTERSTATE MOVEMENT
POLICE POWERS OF STATES : WHETHER STATES HAVE POWER TO EXCLUDE BLIND PERSONS
CONSTITUTION, ss. 92. 107. 108
On 1 February 1913(1) I advised the Secretary, Department of External Affairs on the question of the power of the States to exclude blind persons from going from one State to another State.
At that time the case of R. v. Smithers; Ex parte Benson(2), which was decided by the High Court in December 1912, had not been reported.
This case has now been reported and the papers have been referred to me again for con-sideration in the light of the judgments of the members of the High Court in the above case.
BORROWING BY COMMONWEALTH
WHETHER TREASURER HAS POWER TO AUTHORISE PAYMENT FROM PUBLIC ACCOUNT WITHOUT APPROPRIATION : WHETHER ARRANGEMENT BY COMMONWEALTH FOR ADVANCE PAYABLE TO CREDITORS AMOUNTS TO PAYMENT FROM PUBLIC ACCOUNT
AUDIT ACT 1901-1912, ss. 31,32,33.34
The Treasurer forwards the following memorandum for advice:
The Departments have approached me for funds for payment of wages due on the 4th instant in accordance with decisions of Labour Boards and the State Arbitration Courts.
In view of sections 31, 32,33, 34 (2) of the Audit Act 1901-1909, it appears to me that I have no power to authorise or to arrange for the payment of such wages without a parlia-mentary appropriation.
As the matter is an important one, I should be glad of your opinion.
SPECIAL APPROPRIATION
WHETHER PROVISION FOR REMUNERATION OF MEMBERS OF INTER-STATE COMMISSION AMOUNTS TO
CONSTITUTION ss. 48, 103 : INTER-STATE COMMISSION ACT 1912. s. 7
The Secretary to the Treasury asks to be advised in regard to the following memor-andum by the Auditor-General:
Draft Warrant No. 7 enclosed herewith deals with the salaries of the Inter-State Com-missioners under section 7 of the Inter-State Commission Act 1912. The provisions of this section, however, do not contain the usual words referring to the fund from which the payments are to be made.
COMMONWEALTH PLACES
NATURE OF RIGHTS ACCRUING TO COMMONWEALTH ON ACQUISITION OF PROPERTY : EXTENT TO WHICH STATE JURISDICTION AFFECTED
CONSTITUTION, s. 52
The Secretary, Department of Home Affairs, asks for advice upon the following memorandum by the Engineer-in-Chief for Commonwealth Railways:
The question has been raised as to what jurisdiction the State Police officials have on Commonwealth property.
It appears to me that the Commonwealth do not possess sovereign rights, but only freehold rights as any private citizen has over purchased or inherited property.