Legal Opinions

The Secretary, Department of External Affairs, has forwarded for advice the fol-lowing memorandum:

I attach copy of the laws of Norfolk Island and invite attention to section 3 of the Proclamation on page 7661.

2. The Department is asked to advise whether it is permissible for aliens to hold freehold lands in the Island. I see nothing in any of the particular laws referring to the matter and assume, therefore, that under the section mentioned the common law would prevail. I understand the effect of that law to be that aliens cannot hold freehold.

The question as to which the Minister for Trade and Customs desires advice appears to be whether there is any constitutional difficulty in the way of an Order in Council under the second proviso to section 7 of the Navigation Act 1912 declaring that the carrying of passengers or cargo between Darwin and other Australian ports shall not be deemed engaging in the coasting trade.

The following memoranda have been referred to me by the Secretary, Department of Home Affairs for advice:

The Seat of Government Acceptance Act 1909, section 10, provides as follows: '10. The provisions of the Lands Acquisition Act 1906 shall apply to the acqui-sition by the Commonwealth, for any public purpose, of any land owned in the Terri-tory by any person:

[On 17 June 1914 the following minute by the Chief Electoral Officer was, by direction of the Minister for Home Affairs, referred to the Attorney-General, Mr Irvine, for consideration and such action as might be necessary]:

The Associated Chambers of Commerce has forwarded to the Prime Minister, with a request that effect be given to it by legislation, the following resolution:

That the Federal Government be asked to render it, by regulation if possible, or if not possible by direct legislation, a criminal offence punishable by imprisonment only, to smoke in a vessel's hold.

The Minister for Trade and Customs asks to be advised whether such legislation is within the competence of the Federal Parliament.

Cabinet decided that no action should be taken in Parliament to disapprove the award⁽¹⁾ as a whole.

It appears to me, however, to be open to grave doubt whether provision contained in the award with reference to Boards of Reference has any legal validity. Parliament had no power to disapprove of this provision without disapproving of the award as a whole; but I think that it could be successfully challenged in a court of law.

The Secretary to the Treasury has asked for my advice upon a question raised by the Governor of the Commonwealth Bank, whether interest on deposits in the Savings Bank Department of the Commonwealth Bank is subject to the payment of income tax by a depositor in Queensland.

Section 6 of the Queensland Government Savings Bank Acts Amendment Act of 1912 is as follows:

6. After section one of The Savings Bank Amending Act of 1882, the following section is inserted:-

A.B.C., a native of India, born in the Punjab, has claimed to be enrolled as an elector for the Division of Adelaide, South Australia.

It is stated that claimant came to South Australia in 1896, and became qualified to be registered on the House of Assembly Roll of the State by virtue of the Electoral Laws Amendment Act 1904, No. 876, and first applied to be enrolled on 9 May 1911. I assume that he is still enrolled for the State.

The Chief Electoral Officer minutes the papers as follows:

The Secretary, Department of Defence, has forwarded the following memoran-dum asking for advice:

For favour of advice. The Oberhausen is a German vessel which was loading with timber at Port Huon (Tasmania). On the declaration of hostilities between Great Britain and Germany, she was brought round to Hobart and is being detained there under the conditions of the proclamation published in the Gazette of today's date.

In view of certain statements made in the press, and particularly the Sydney press, including an interview with Mr Hughes⁽¹⁾,the Prime Minister has asked me to make a statement about the constitutional position of the present Government in the great crisis in which it finds itself. The fates are that the Empire is engaged in a great war at a time when this country is in the midst of a general election.

Secretary, Attorney-General's Department