Legal Opinions

The question on which the Minister for Defence asks to be advised is whether there is sufficient power under the Defence Act for the Commonwealth to accept the re-sponsibility of guaranteeing that it can at any time, in time of war (in the Imperial sense) place State railway rolling-stock at the disposal of the Imperial Government for service outside Australia.

The Constitution, section 51 (xxxii), empowers the Commonwealth to make laws in respect to The control of railways with respect to transport for the naval and mili-tary purposes of the Commonwealth'.

I am asked to advise on the question raised in the following minute by the Chief Electoral Officer:

I desire to request that, as a matter of urgency, the opinion of the Attorney-General be obtained upon the undermentioned matter.

A writ for a By-election for the Division of Kalgoorlie in the State of Western Australia was issued on the 5th instant.

The day fixed for the nomination is the 22nd instant.

The Commonwealth Electoral Officer for the State has forwarded a telegram in re-spect to a nomination, which reads as follows:

The Comptroller-General of Customs has forwarded the following memorandum for advice:

The S.S. Karoola arrived at Melbourne from Sydney on July 14th 1913. The vessel was boarded in Hobson's Bay on arrival and cleared-a certificate of pra-tique was not issued.

The passengers who were booked to Melbourne left the ship in the ordinary way and dispersed to their various destinations.

On the next day, July 15th, a case of smallpox was discovered in the person of a through passenger booked for Adelaide.

The Secretary, Department of Defence has forwarded the following memorandum for advice:

The favour of advice is requested with regard to the following:

The Secretary, Department of Home Affairs has forwarded the following memor-andum from the Deputy Engineer-in-Chief for Commonwealth Railways for advice:

I would like the opinion of the Honourable the Attorney-General on the question as to whether a duty stamp is payable by traders doing business with the Railways of this De-partment, in connection with their request for a monthly credit account as per the attached form.

I am desirous of having this form printed almost immediately, and would be pleased if this matter could be dealt with urgently.

Article 7 (bis) of the International Convention for the Protection of Industrial Pro-perty⁽¹⁾ (to which the Commonwealth has not yet adhered) is, in the English trans-lation, as follows:

The Contracting Countries undertake to allow the registration of and to protect trade marks belonging to associations the existence of which is not contrary to the law of the country of origin, even if such associations do not possess an industrial or commercial establishment.

The Secretary, Postmaster-General's Department has forwarded a copy of the fol-lowing telegram from the Deputy Postmaster-General, Perth, and requested to be advised thereon:

State Treasurer advises that under Stamp Act Amendment Act which came into oper-ation 1st instant it is necessary that stamped receipts be obtained for all payments over £.2 made by Department to claimants other than for salaries or wages. Kindly instruct stamped receipts not hitherto required.

The Secretary, Department of Defence, has forwarded the following case for opinion:

1. Section 116 of the Defence Act prescribes:

'116. Any member of the Defence Force sentenced to be imprisoned for any naval or military offence may, if the Governor-General by regulation or otherwise directs, be imprisoned in any place appointed by the Governor-General instead of in a prison'.

The following memorandum has been forwarded by the Secretary to the Department of External Affairs for advice:

On 25 June last the period of the proclamation of the Fergusson 'New' Goldfield expired, but on 4 July such period was by a subsequent proclamation extended to 25 July 1915.

On 12 May last the period of the proclamation of the Jenberrie 'New' Goldfield expired, but on 4 July such period was extended by a subsequent proclamation to 12 May 1915.

The Secretary to the Treasury has forwarded a letter received by him from the Governor of the Commonwealth Bank asking for advice as to whether the provisions of the Workers' Compensation Act 1914 of the State of Victoria apply to the employees of the Commonwealth Bank of Australia.

Section 4 of the Act in question is as follows:
4.