Legal Opinions

The Minister for Defence asks to be advised on the legal position of the Common-wealth with regard to the matter set out in the following minute by the Secretary, De-partment of Defence:

The General Secretary of the Australian Natives Association, Queensland, has written to the Prime Minister urging Commonwealth legislation on the lines of the Contagious Diseases Act⁽¹⁾ until recently in force in Queensland.

The Prime Minister asks to be advised whether the Commonwealth Parliament has power to pass such legislation.

The objects of the Act in question are the segregation and disinfection of prosti-tutes infected with venereal disease.

The means by which the Act seeks to attain these objects are-

The Auditor-General has asked for my opinion as to the sufficiency of the deposits made in connection with two vouchers forwarded by him.

In the case of one voucher, No. C. 255, Donald J. Cameron, f 56.2.0, authorised by 'Order No. 1', at the back of the voucher, to be paid to the account of the claimant at the Bank of New South Wales, St Arnaud, the amount was paid, upon a 'Remitting Warrant', into the Commonwealth Bank of Australia, Melbourne, for credit of 'Donald J. Cameron (New South Wales, St Arnaud)'.

The Secretary, Department of Defence, has asked for advice upon the matter referred to in the following minute:

With reference to the Regulations promulgated in Statutory Rule No. 29 of 1911 rela-tive to the landing of troops from foreign men-of-war and transports, and to the appoint-ment of State Governors to be the Deputies of the Governor-General in accordance with Part I of the Regulations.

The Auditor-General has asked for my opinion upon the question whether he is justified in accepting the signature of the Certifying Officer provided for upon Contin-gencies Account Forms (Form 9 under the Treasury Regulations) as sufficient to cover the certificate of the person incurring the expense, or whether both certificates should be signed as provided in sections 34 (1) and 34 (5) of the Audit Act 1901-1912.

Sections 34 (1) and (5) are as follow:

On 19 March 1913 the Premier of Queensland forwarded to the Prime Minister copy of a communication which had been received from the Commissioner of Police, Brisbane, relative to the character of certain Russians who had arrived in Queensland apparently without passports, and asked that the Commonwealth Government should in future exclude such immigrants.

Enquiry from the Russian Consulate disclosed the fact that by Russian law every Russian subject leaving Russia for a foreign country has to provide himself with a foreign passport.

The Public Service Commissioner asks for advice upon the question raised in the following memorandum:

Under the provisions of the Lighthouses Act 1911, power is conferred on the Commonwealth to enter into agreement with the States' Governments for the acquisition of lighthouses, etc. and it is proposed to exercise this power so far as ocean lights are con-cerned, allowing harbour lights to remain as heretofore within the jurisdiction of the States' Governments. No date has yet been fixed for the transfer of lighthouse services to the Commonwealth.

The Minister for Defence asks for advice on the question raised in the following minute by the Secretary, Department of Defence:

For many years the Admiral commanding the ships of the Royal Navy on the Aus-tralian Station has, by the Imperial Government, been designated the Naval Commander-in-Chief of the Australian Station.

The Australian Fleet is now composed of ships of the Royal Australian Navy, and its Commanding Officer is Rear-Admiral Sir George Patey, whose services are lent by the British Admiralty for a term of three years.

The Minister for External Affairs desires to be advised whether the Common-wealth Parliament has power to legislate in the manner desired in the following com-munication from the Premier of Western Australia:

I beg to draw your attention to the fact that last year the Parliament of this State, by Act No. 45 of 1912, amended and consolidated the Statutes relating to the Pearl Shell Fisheries. This Act (known as the Pearling Act 1912) came into force on 1 April 1913. A copy is attached hereto.

The Commissioner of Land Tax has forwarded the following memorandum for advice:

In the case set out hereunder the circumstances are, in my opinion, such as to warrant action under the provisions of section 48 of the Land Tax Assessment Act.

As this is the first case where penal action of this character is contemplated, I shall be glad to be fortified with your advice as to the proper procedure to be adopted in cases falling within the scope of this section.