Legal Opinions

Opinion Number. 565

Subject

ELECTORAL OFFENCES
WHETHER CERTAIN IRREGULARITIES PRINTED ON HOW-TO-VOTE CARDS ARE MISLEADING

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902, s.180

Mr Crouch has forwarded to the Electoral Office a card said to be circulated in Henty Division, in which the names of the candidates are printed in the following order (Mr Crouch's Christian name being also wrongly given as 'Robert' instead of 'Richard'):

Boyd, James Arthur
Andrews, Albert
Crouch, Robert Armstrong
A ttorney-General

Opinion Number. 566

Subject

ELECTORAL ENROLMENT
IRREGULAR STRIKING OUT OF NAMES FROM ROLLS: WHETHER THERE IS POWER TO GO BEHIND ROLLS AT THE SCRUTINY, OR BEFORE COURT OF DISPUTED RETURNS

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902, s.198

The Secretary, Department of Home Affairs, asks for advice on the question raised in the following telegram received by the Chief Electoral Officer from the Commonwealth Electoral Officer, Sydney:

Opinion Number. 567

Subject

CUSTOMS
PROHIBITED EXPORTS: WHETHER COMMONWEALTH HAS POWER TO REQUIRE SECURITY TO ENSURE COMPLIANCE WITH CONDITIONS

AuthorGARRAN Robert Randolph | Date
Key Legislation

CUSTOMS ACT 1901. sA2

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

On the 7th instant a proclamation was issued prohibiting the export of wheat and flour to places other than the United Kingdom, unless with the consent of the Minister for Trade and Customs.

It was subsequently decided that in certain cases (where the vessel did not form one of a regular trading fleet, such as the P. and O. etc.) a security should be required that the wheat and flour should be discharged in the United Kingdom.

Opinion Number. 568

Subject

ELECTORAL ENROLMENT
WHETHER BALLOT-PAPERS ARE ADMISSIBLE WHERE CLAIM FOR ENROLMENT WAS PROPERLY REGISTERED BUT ENROLMENT NOT EFFECTED

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902, s.64

The Department of Home Affairs asks for advice on the question raised in the following memorandum from the Commonwealth Electoral Officer, Sydney, to the Chief Electoral Officer:

I hold a claim for enrolment for the Subdivision of Burrowa, Division of Werriwa, signed by A.B.C., whose place of living and occupation are quoted as 'Woolpack', Cowra Road, via Burrowa.

Opinion Number. 569

Subject

ELECTIONS: ELECTORAL ENROLMENT
WHETHER FAILURE BY ABSENT VOTER TO CORRECTLY STATE NAME OF DIVISION FOR WHICH HE IS ENROLLED INVALIDATES VOTE: WHETHER ACCEPTANCE OF ABSENT VOTES OBTAINED BY PERSONATION CAN BE CANCELLED: WHETHER BALLOT-PAPERS ARE ADMISSIBLE WHERE CLAIM FOR ENROLMENT WAS PROPERLY REGISTERED BUT ENROLMENT NOT EFFECTED

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902, s. 62 (3)

The Secretary, Department of Home Affairs, asks for advice on the question raised in the following minute by the Chief Electoral Officer:

The accompanying telegrams (1, 2 and 3) received from the Commonwealth Electoral Officer for New South Wales are referred for the advice of the Attorney-General's Department on the points raised.

  1. It appears to be an essential, under the Regulations, that an elector voting as an absent voter shall correctly state the name of the Division for which he is enrolled.

Opinion Number. 570

Subject

CRIMINAL LAW
WHETHER USE OF NAME OF COMMONWEALTH STATISTICIAN IN NEWSPAPER ADVERTISEMENT CONSTITUTES OFFENCE

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary, Department of Home Affairs, has asked for my advice in connection with the improper use of the name of the Commonwealth Statistician in the following advertisement appearing in a Queensland newspaper:

MR KNIBBS,

COMMONWEALTH GOVERNMENT STATISTICIAN,

has published figures showing that Queensland

beer is the best in Australia,

and

PERKINS

FIRST PRIZE

BEER

leads the way.

Opinion Number. 571

Subject

LAND TAX
PRINCIPLES TO BE APPLIED IN ASSESSING VALUE OF RACECOURSE: WHETHER VALUATION SHOULD TAKE INTO ACCOUNT STATUTORY RIGHT TO USE TOTALIZATOR

AuthorGARRAN Robert Randolph | Date
Key Legislation

LAND TAX ASSESSMENT ACT 1910, ss.17, 18: LOTTERY AND GAMING ACT AMENDMENT ACT 1888 (S.A.), s.5

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

I beg to forward herewith a statement which has been prepared by the Deputy Commissioner of Land Tax Adelaide regarding an appeal lodged against assessment of land tax by the South Australian Jockey Club Ltd for favour of your advice on the following points:

Is the Department within its rights in assessing the Club as owners of the land held by them?

Is the Department within its rights in assessing the value of the land on the assumption that it is a racecourse?

Opinion Number. 572

Subject

DELEGATION OF MINISTERIAL POWERS
WHETHER DELEGATION CAN BE MADE TO HOLDER OF SPECIFIED OFFICE

AuthorGARRAN Robert Randolph | Date
Key Legislation

POST AND TELEGRAPH ACT 1901, s.8

The Secretary, Postmaster-General's Department, forwards the following memorandum for advice:

I am to inform you it is proposed to delegate certain powers to District Inspectors under section 8 of the Post and Telegraph Act, and to ask if you will kindly advise me whether, in doing so, it will be necessary for the Minister to mention the name of the Inspector to whom the power is delegated, or whether it will be sufficient to issue the delegation to the Inspector of the District in which it is to apply.

Opinion Number. 573

Subject

NEUTRALITY
WHETHER ENLISTMENT OR ENGAGEMENT FOR WAR SERVICE OF AUSTRALIANS LIVING IN UNITED STATES OF AMERICA WOULD COMPROMISE NEUTRALITY

AuthorGARRAN Robert Randolph | Date
Key Legislation

FOREIGN ENLISTMENT ACT 1909 (U.S.A.): HAGUE CONVENTION (1907) (No.V) RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN WAR ON LAND, Art.IV

The Department of Defence forwards a letter (undated) received by the Minister for Defence from Mr Nielsen, the New South Wales Trade Commissioner in America, and asks for advice as to whether the acceptance of Mr Nielsen's offer would involve questions of the neutrality of the United States of America.

The material part of the letter is as follows:

I wish to confirm by letter my offers made to the Prime Minister and yourself in connection with the present outbreak of war in Europe.

Opinion Number. 574

Subject

GERMAN NEW GUINEA
TERMS OF GERMAN SURRENDER: REPATRIATION OF GERMAN OFFICIALS: WHETHER COMMONWEALTH BOUND BY VARIOUS UNDERTAKINGS GIVEN BY OFFICER COMMANDING AUSTRALIAN EXPEDITIONARY FORCE

AuthorHUGHES William Morris | Date
Key Legislation

A copy of the actual terms of capitulation, as signed by the late Acting Governor and by Colonel Holmes, together with reports by Colonel Holmes, is forwarded by the Minister for Defence for advice.

Clause 4 of the terms of capitulation provides that: