PUBLIC WORKS COMMITTEE
WHETHER PARLIAMENTARY STANDING COMMITTEE ON PUBLIC WORKS SHOULD BE ADMINISTERED AS A PARLIAMENTARY SERVICE OR AS PART OF PUBLIC SERVICE
COMMONWEALTH PUBLIC SERVICE ACT 1902. s.14: COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913
The Prime Minister asks to be advised whether under the provisions of the Act constituting the Public Works Committee, that Committee should, for administrative purposes, be placed under the President and the Speaker, or the Prime Minister's Department.
In my opinion, the Public Works Committee should, for administrative purposes, be dealt with on the same footing as the other Parliamentary services.
NATURALIZATION
WHETHER NATURALIZATION TAKES EFFECT FROM DATE OF EXECUTIVE COUNCIL APPROVAL OR MUST CERTIFICATE FOLLOW
The Secretary, Department of External Affairs, forwards the following memorandum for advice:
A.B.C. of Tasmania applied for naturalization. The papers being in order his application was submitted to and approved by the Executive Council on 30th September last. When the certificate was being prepared for signature, it was decided that no further action should be taken in the matter. In consequence, the signatures of the Governor-General and the Minister were not obtained.
TRADING WITH THE ENEMY
ENEMY GOODS IN NEUTRAL MERCHANT VESSELS: EXTENT OF IMMUNITY FROM SEIZURE: GOODS SHIPPED TO BRITISH PORT FOR TRANS-SHIPMENT
DECLARATION OF PARIS (1856) RESPECTING MARITIME LAW, els 2, 3
I concur with the Comptroller-General of Customs that the Secretary of State's cable is not very lucidly expressed.
TRADING WITH THE ENEMY
PAYMENTS OF MONEY TO AUSTRALIAN BRANCH OF GERMAN PRINCIPAL: PAYMENTS TO GERMAN PRINCIPAL CARRYING ON BUSINESS IN AUSTRALIA
In answer to the inquiry of Alfred Lawrence & Co., dated 15 October 1914, there is a provision in the Trading with the Enemy Proclamation against payments to an 'enemy' who is defined as meaning any person resident or carrying on business in the enemy's country. On the other hand the Proclamation legalises transactions with branches of an enemy's business in British territory.
NEUTRALITY
USE OF WIRELESS TELEGRAPHY BY BELLIGERENT VESSELS WITHIN NEUTRAL WATERS: COMMUNICATION WITH SHORE STATIONS BY BELLIGERENT VESSELS WHEN OUTSIDE NEUTRAL WATERS
INTERNATIONAL RADIO TELEGRAPHIC CONVENTION (1906), Art. XXI: HAGUE CONVENTION (1907) (NO. V) RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN WAR ON LAND, Arts HI, V
The Hague Convention No. V forbids belligerents and requires neutrals to prevent [the use of] wireless installations in neutral territory as a means of communicating with belligerent forces on land or sea. Belligerent vessels fitted with wireless within neutral waters are within the spirit of this provision, which is really declaratory of the general rule that neutral ports and waters may not be used for belligerent purposes.
LAND TAX
WHETHER SHAREHOLDERS IN PRINCIPAL COMPANY REGISTERED IN ENGLAND CAN BE ASSESSED IN RESPECT OF THEIR INTERESTS IN WHOLLY OWNED SUBSIDIARY COMPANIES REGISTERED IN AND OWNING LAND IN AUSTRALIA
LAND TAX ASSESSMENT ACT 1910, s.39
The Federal Commissioner of Land Tax submits the following question for advice:
Section 39 of the Land Tax Assessment Act 1910-1912 reads as follows:
LAND TAX
AVOIDANCE OF TAX: POWER OF COMMONWEALTH TO LEGISLATE WITH RESPECT TO TAXATION AND TRANSFERS OF LAND TO WIVES OR RELATIVES
CONSTITUTION, s.51(ii)
The Secretary to the Treasury has forwarded the following memorandum from the Commissioner of Land Tax for advice:
Since the inception of the Land Tax Assessment Act, some owners of large estates have sought by various expedients to lessen their taxation burden.
LAND TAX
INTEREST IN LAND: LIABILITY TO LAND TAX OF SHARES HELD IN COMPANY OWNING LAND: EFFECT OF DECLARATION OF TRUST IN RESPECT OF SHARES
ACTS INTERPRETATION ACT 1901, s.22: LAND TAX ASSESSMENT ACT 1910, ss.3, 42, 42A
The Federal Commissioner of Land Tax forwards the following memorandum for advice:
Mr A.B.C. was formerly the registered holder of 1265 shares in the D. Estate Company Limited, a company duly incorporated in the State of Tasmania.
TRADING WITH THE ENEMY
PURCHASE FROM NEUTRAL TRADER OF GOODS MADE IN ENEMY COUNTRY: EFFECT WHERE NEUTRAL TRADER IS AGENT OR BRANCH OF ENEMY MANUFACTURER
The following queries have been submitted by Lieutenant-Colonel J. T. Wilson, Censor, Sydney, viz:
SEAMEN'S COMPENSATION
WHETHER ENTITLEMENT TO COMPENSATION EXTENDS TO TEMPORARY EMPLOYMENT- WHETHER HANDLING OF CARGO IS EMPLOYMENT IN CONNECTION WITH WORKING OF SHIP
SEAMEN'S COMPENSATION ACT 1911, ss. 3, 4, 5(1)
The Comptroller-General of Customs has submitted to me the following questions for advice:
(a) Whether persons temporarily employed on Australian-registered ships of the classes enumerated in section 4 of the Seamen's Compensation Act 1911, and sustaining injuries by accident arising out of employment connected with the working of the ship, are entitled to compensation under that Act; and
(b) Whether the handling of cargo is employment in connection with the working of the ship.