Legal Opinions

I am asked to advise on the following question submitted by the Censor:

Examination of certain mails by Censors has brought to light the fact that agents or branch offices in Australia of German firms are pressing Australian debtors for payment of outstanding accounts-the presumption being that the money so collected will be remitted to Germany probably via a neutral route.

In cases where such presumption is clear, would the Censor be justified in stopping such correspondence, as being an offence or attempted offence under the proclamation of August 7/14.

The papers in this case are forwarded for advice as to the reply which should be given to Messrs Balchin Limited on the question asked therein.

The statement of fact is as follows:

The s.s. Setos is a German owned vessel under time charter to a British firm-Messrs W.R. Grace & Co. of London and San Francisco.

The Minister for Home Affairs asks to be advised on the following memorandum by the Chief Electoral Officer:

On the 30th July last a writ was issued for the election of six Senators for the State of South Australia to serve in the Senate of the Parliament of the Commonwealth of Australia.

Twelve nominations were received and the names of the candidates were duly declared by the Commonwealth Electoral Officer for the State on the 7th day of August 1914.

On the 13th day of August one of the candidates-Gregor McGregor-died.

In answer to the inquiries contained in Mr Winterbotham's letter of 12 August 1914, it is not possible to give a general answer which will cover the various forms which these cases may assume.⁽¹⁾ But with this limitation the following statement may be made:

The Secretary to the Public Service Commissioner has forwarded the following memorandum for advice:

I append copy of letter received from the Postmaster-General's Department relative to the question of payment of stamp duty in connection with a life assurance policy being brought under the provisions of the Commonwealth Public Service Act and Regulations, and am directed to ask that the Commissioner be favoured with the advice of the Crown Solicitor in regard to the case:

The Secretary, Department of Defence, has forwarded for advice a memorandum by the General Officer Commanding the Australian Imperial Force, as follows:

As the Australian Imperial Force will, at all events from the date of embarkation from Australia, be subject to the Army Act, it would appear necessary that the senior combatant officer on board each ship on which the troops are embarked should be granted a warrant empowering him to convene and confirm district courts-martial held for the trial of a person under his command subject to the Army Act.

The Minister for Defence asks to be advised as to the power of the Crown to requisition enemy merchant ships detained in Commonwealth ports, and the procedure necessary to be followed for so doing.

Article II of the Hague Convention relating to Enemy Merchant Ships provides that the detaining belligerent country may requisition such ships on condition of paying an indemnity.

The Chairman of the Food Commission asks to be advised in regard to the following telegram received by the Prime Minister from the Premier of Western Australia:

The Treasurer asks for advice on a question submitted by the Governor of the Commonwealth Bank of Australia, as to whether the Commonwealth Bank of Australia has power to purchase the business goodwill and all the assets and liabilities of another bank, and pay for such assets by issuing debentures in terms of the Commonwealth Bank Act 1911, provided the Commonwealth Treasurer approved of the debentures being sold in this manner.

It does not appear from the telegraphic dispatch whether the terms set out are proposals merely, or whether they are the terms upon which the surrender of the German forces in New Guinea has actually been accepted⁽¹⁾