The following case has been forwarded by the Acting Commissioner of Pensions to me for advice:
Legal Opinions
Opinion Number. 415
Subject
| Date
INVALID PENSION
WHETHER INABILITY TO OBTAIN WORK BY REASON OF DISEASE SHOULD BE EQUATED WITH INCAPACITY TO DO WORK
Key Legislation
INVALID AND OLD-AGE PENSIONS ACT 1908-1909, s. 20
Opinion Number. 416
Subject
| Date
WESTERN AUSTRALIA'S TERRITORIAL WATERS
EXTENT : APPLICATION OF COMMONWEALTH AND STATE LAWS TO FOREIGN FISHING VESSELS : PROCEDURE FOR ISSUE OF NOTICES OF SEIZURE AND FORFEITURE OF SHIPS AND GOODS
Key Legislation
CUSTOMS ACT 1901-1910, ss. 4. 33. 58, 128, 228. 229. 233 : IMMIGRATION RESTRICTION ACT 1901-1910. ss. 5. 7 : QUARANTINE ACT 1908. ss. 20. 29 : THE PEARL SHELL FISHERY ACT 1886 (W.A.j, s. 2
It seems that His Majesty's ship Gayundah on 25 May found two schooners, the Harriet and the Fortuna, under command of Captain A., and flying the Dutch flag, at anchor inside the reef at Scott Reef, Western Australia, and seized them for illegal fishing within territorial limits, and having on board trepang and trocas pearl shell. He towed the schooners to Broome, and placed them in charge of the Sub-Collector there.
Captain A. is a European, and the crews are thirty coloured men.
Opinion Number. 417
Subject
| Date
ELECTORAL OFFENCES
WHETHER SUPPLY OF REFRESHMENTS AT POLITICAL MEETING IS BRIBERY
Key Legislation
COMMONWEALTH ELECTORAL ACT 1902-1909, ss. 175, 176
It has been stated that in connection with the referendum campaign in Tasmania, at certain meetings after the speeches were concluded, refreshments consisting of coffee, cake etc. were served to those present by ladies of the Liberal League. It is stated that this has been a regular practice with the Liberal League at Ross, and that the practice commenced at the last Federal elections.
The papers in connection with the matter have been forwarded by the Secretary to the Department of Home Affairs to me for advice on the following questions:
Opinion Number. 418
Subject
| Date
NAVIGATION AND SHIPPING
WHETHER GRANT BY FOREIGN GOVERNMENT TO COMPANY ENGAGED IN COASTING TRADE AMOUNTS TO SUBSIDY OR BONUS
Key Legislation
NAVIGATION ACT 1912. ss. 287. 288
The Head Agent of the Dutch Royal Packet Steam Navigation Company has written to the Prime Minister with reference to the position of his Company's line of steamships, in relation to the coasting trade between Australian ports and Port Darwin and Port Moresby in Papua, under the provisions of the Navigation Bill before the Commonwealth Parliament.
He points out that his Company has made considerable losses in the trade between Java and Australia.
Opinion Number. 419
Subject
| Date
FREEDOM OF INTERSTATE MOVEMENT : DISABILITY OR DISCRIMINATION
RIGHTS IMPLIED FROM FEDERAL UNION : POLICE POWERS OF STATES : WHETHER STATE MAY PROHIBIT ENTRY OF CRIMINALS CONVICTED IN OTHER STATES
Key Legislation
CONSTITUTION, ss. 92. 117 : INFLUX OF CRIMINALS PREVENTION ACT 1903 (N.S.W.), ss. 3, 8
Mr A. in a letter, dated 18 May 1911 to the Attorney-General, questions the validity of the Influx of Criminals Prevention Act 1903, of the State of New South Wales, on the ground that it is inconsistent with section 117 of the Constitution. He also questions the validity of similar legislation of the other States.
The Influx of Criminals Prevention Act 1903 provides inter alia as follows:
Opinion Number. 420
Subject
| Date
INTEREST
WHETHER COMMONWEALTH LIABLE TO PAY TO STATES IN RESPECT OF TRANSFERRED PROPERTIES
Key Legislation
CONSTITUTION, s. 85
The Acting Treasurer asks to be advised on this question whether the Commonwealth is liable to the States for interest on the value of the transferred properties which became vested in the Commonwealth under section 85 of the Constitution. That section reads [in part] as follows:
Opinion Number. 421
Subject
| Date
ABORIGINAL NATIVES
WHETHER EMPLOYMENT IN FISHING IN AUSTRALIAN WATERS BEYOND TERRI
Key Legislation
EMIGRATION ACT 1910. ss. 3. 5 : THE ABORIGINALS' PROTECTION AND RESTRICTION OF THE SALE OF OPIUM ACTS 1897 TO 1901 (QLD) : THE QUEENSLAND PEARL SHELL AND BECHE-DE-MER FISHERIES (EXTRA-TERRITORIAL) ACT OF 1888 (FED. COUN. A/ASIA)
The Secretary to the Department of External Affairs has forwarded the following letter from the Government Resident at Thursday Island for advice:
Opinion Number. 422
Subject
| Date
GOVERNOR-GENERAL
WHETHER ABSENT FROM COMMONWEALTH WHEN TRAVELLING ON HIGH SEAS BETWEEN AUSTRALIAN PORTS : WHETHER DORMANT COMMISSION ACTIVATED
Key Legislation
The Governor-General proposes to sail by the R.M.S. Otway, which leaves Adelaide on 28 July, and is due at Fremantle on 1 August.
It is proposed that His Excellency's successor shall be sworn in and assume office on 31 July.
Opinion Number. 423
Subject
| Date
ELECTORAL OFFENCES
WHETHER ARTICLES IN NEWSPAPERS AMOUNT TO ELECTORAL ADVERTISEMENTS OR NOTICES : DISCRETION TO INSTITUTE PROSECUTIONS
Key Legislation
COMMONWEALTH ELECTORAL ACT 1902-1909, s. 180
The Minister for Home Affairs has submitted the following minute to me for advice:
The attached schedules are submitted for the Minister's consideration.
2. The newspapers in question inserted advertisements or notices in relation to the referendums taken on the 26th April in contravention of section 180 (a) of the Electoral Act, which provides that it shall be an illegal practice to publish any electoral
Opinion Number. 424
Subject
| Date
TERRITORIAL WATERS
WHETHER TRANSFER OF HARBOUR BY NATIVES VALID : WHETHER GOVERNMENT MAY OPPOSE AS CONTRARY TO PUBLIC INTEREST
Key Legislation
The Secretary to the Department of External Affairs has forwarded the following
letter received from Mr L. S. Woolcott, Solicitor, New Hebrides, to me for advice: