Legal Opinions

A letter from the Chief Secretary of Queensland (17 December 1914) to the Prime Minister, is referred to this Department for report as to whether the action of the Government of Queensland in obtaining goods from the New York house of A.B. Limited is contrary to the proclamations against trading with the enemy.

The Secretary of the Department of Defence has forwarded the papers relating to field general courts-martial recently held at Rabaul in connection with five members of the Australian Naval and Military Expeditionary Force. The papers are accompanied by a submission from the Adjutant-General the following extract from which is relevant to the question referred for advice:

A claim by the owner of the Norwegian vessel Vasco da Gama for £525 for seven days' detention at Fremantle by the Naval Authorities is forwarded by the Secretary, Department of Defence, for advice as to the liability of the Department.

From the attached correspondence it appears that the ship was detained by the Harbour-Master by instructions from H.M.S. Minotaur, and that the Harbour-Master was further instructed to ask the Government to pay compensation.

The Minister for External Affairs asks for advice on the question stated in the following minute:

The Secretary, Department of Home Affairs, refers for advice the following memorandum by the Chief Electoral Officer:

A.B.C. is the owner of a house situate at 265 Ascot Vale Road, in the Subdivision of Ascot Vale, Division of Maribyrnong, where his wife and family reside and for which Subdivision he claimed enrolment and was enrolled on the 9th May last.

His wife, D.C., is also enrolled for the same Subdivision in respect of residence at 265 Ascot Vale Road, Ascot Vale.

The Secretary to the Treasury desires to be advised whether under section 28 of the Invalid and Old-age Pensions Act 1908-1909, an officer of a State savings bank could refuse, without liability to fine, to furnish information asked by a Registrar.

The answer to this question depends, I think, upon whether the savings bank is practically a Department of the State, so that an officer of the bank is a State official, or whether the bank is an independent or semi-independent body, so that an officer of the bank could not be said to be a State official.

By direction of the Assistant Minister for Defence the Secretary, Department of Defence, has forwarded for advice the attached papers relative to the certain charges against Pastor Nickel, Lutheran Minister at Eudunda.

It appears from the file that two charges are made by the military authorities

against Pastor Nickel:

The Secretary to the Treasury has returned my opinion of 1 July 1914⁽¹⁾ upon the above subject, and has asked for further advice, in the following minute:

Attention is invited to that part of the Secretary's opinion dated 1 July 1914 hereunder, reading:

I see no reason, however, why the Order in Council should not in any particular case be expressed to take effect from a date prior to the date upon which it is passed, and notwithstanding that the officer may have died prior to the date of the Order in Council.

The Minister for Defence asks to be advised on the question, raised by the Deputy Chief Censor, whether all or any of the consular agents of foreign countries should be exempted from censorship of telegrams and correspondence.

A consul has not diplomatic status, and, in my opinion, no claim by consuls to exemption from censorship can be substantiated on the grounds of international law or practice.

Whether in any particular case the censorship should be relaxed is a matter for the Defence Department.

[Vol.13, p.258]

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

1 shall be glad if you will be so good as to favour me with your opinion in the following case. As the matter is one of urgency I would ask that it be treated as special.