The Secretary, Department of Defence, asks for advice as to the following paragraph from a minute dated 25 October 1914, from Major Heritage to the Administrator at Rabaul:
Legal Opinions
Opinion Number. 605
Subject
| Date
PRIZE
WHETHER CERTAIN VESSELS CAPTURED AT RABAUL ARE LAWFUL PRIZE
Key Legislation
Opinion Number. 606
Subject
| Date
NORTHERN TERRITORY
LAWS WHETHER GOVERNOR-GENERAL HAS POWER BY ORDINANCE TO AMEND OR REPEAL SOUTH AUSTRALIAN ACT IN FORCE IN NORTHERN TERRITORY
Key Legislation
NORTHERN TERRITORY ACCEPTANCE ACT 1910, s. 7(1): NORTHERN TERRITORY (ADMINISTRATION) ACT 1910, ss. 5, 13(1): LICENSING ACT 1908 (S.A.), s. 28
The Administrator has suggested the amendment of the Licensing Act 1908 of the State of South Australia by the repeal of section 28 and the substitution of a new section.
The Minister for External Affairs has raised the question whether an Ordinance can repeal or amend a section of an Act of Parliament. The papers have been referred to me for advice.
Section 7(1) of the Northern Territory Acceptance Act 1910 is as follows:
Opinion Number. 607
Subject
| Date
SEAT OF GOVERNMENT
WHETHER COMMONWEALTH CAN SUPPLY WATER TO QUEANBEYAN MUNICIPAL COUNCIL: AGREEMENT FOR JOINT SCHEME TO SUPPLY WATER
Key Legislation
The Secretary to the Parliamentary Standing Committee on Public Works has forwarded the following memorandum for advice:
Whilst investigating the question of the proposed construction of a dam on the Queanbeyan River to control flood waters etc., the suggestion was made by the Queanbeyan Municipal Council that an arrangement might be made whereby the Commonwealth would supply from the dam, water for the use of the inhabitants of Queanbeyan.
Opinion Number. 608
Subject
| Date
DEFENCE
WHETHER SUPPLY OF WATER TO NAVAL BASE CAN BE AMALGAMATED WITH WATER SUPPLY SCHEMES OF ADJACENT LOCAL GOVERNMENT BODIES
Key Legislation
The Secretary to the Parliamentary Standing Committee on Public Works has forwarded the following memorandum for advice:
In considering the question of providing a water supply for the Flinders Naval Base, a suggestion has been made that it might be possible for the Commonwealth to enter into an arrangement by which the local shire councils might co-operate with the Commonwealth in the matter-bearing portion of the expense and receiving portion of the benefits.
Opinion Number. 609
Subject
| Date
COMMONWEALTH IMMUNITY FROM STATE LAWS
PREFERENCE TO UNIONISTS IN COMMONWEALTH EMPLOYMENT: WHETHER PRACTICE IS CAUGHT BY STATE LAW
Key Legislation
INDUSTRIAL PEACE ACT 1912 (QLD)
The Secretary, Department of Home Affairs, has forwarded the following memorandum asking for advice:
Under an arrangement between the Commonwealth Government and the State Government of Queensland, the latter Government has hitherto carried out works for the Commonwealth through the medium of the State Public Works Department.
Opinion Number. 610
Subject
| Date
CRIMINAL LAW
WHETHER PERSON DETAINED IN PAPUA AS CRIMINAL LUNATIC MAY BE REMOVED TO QUEENSLAND: STATUS OF PAPUA AND QUEENSLAND AS BRITISH POSSESSIONS
Key Legislation
COLONIAL PRISONERS REMOVAL ACT 1884 (IMP.), s.18
The Secretary, Department of External Affairs, has forwarded the following memorandum for advice:
A man named A. appeared before the Central Court of Papua on a charge of attempt to murder and was acquitted on the ground of insanity. The Judge therefore ordered that he be detained in strict custody in the Port Moresby gaol until His Majesty's pleasure be known.
Opinion Number. 611
Subject
| Date
LAND TAX
WHETHER TAXPAYER HAS RIGHT TO AMEND LAND TAX RETURN LAND TAX ASSESSMENT ACT 1910, SS. 15(1). 20, 21
Key Legislation
The Commissioner of Land Tax has forwarded the following memorandum for advice:
I append for favour of your advice copy of a letter which has been received from Messrs Blake & Riggall, Solicitors, of this City. Will you be so good as to favour me with your opinion as to whether the landowners whom the firm represents have the right to act as they propose, and whether such a course may be guarded against in the contemplated legislation.
Opinion Number. 612
Subject
| Date
QUARANTINE: SALES BY GOVERNMENT AGENCIES
WHETHER INSPECTION FEES CAN BE FIXED BY MINISTER INSTEAD OF BY REGULATION: CHARGES FOR SALE OF VACCINE BY DEPARTMENT
Key Legislation
QUARANTINE ACT 1908, s.26A(2)
The Director of Quarantine has forwarded the following memorandum asking for advice:
I should be glad of your advice upon the following points in connection with the Quarantine Act:
Opinion Number. 613
Subject
| Date
PUBLIC SER VICE: DEFENCE FORCES
WHETHER COMMONWEALTH SHOULD DENY LEAVE TO PUBLIC SERVANT ABSENT FROM DUTY ON ACCOUNT OF DETENTION FOR FAILURE TO RENDER COMPULSORY MILITARY SERVICE
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902. s. 80: DEFENCE ACT 1903. ss. 134, 135: COMMONWEALTH PUBLIC SERVICE REGULATIONS, reg. 13
Following on the opinion given by me on 26 June last(1), relative to the noncompliance by persons employed in the Commonwealth Public Service with the requirements of the universal training provisions of the Defence Act, the Commissioner desires further advice as to whether in view of the inconvenience caused Departments by the enforced absence of officers through neglect to comply with the provisions of the Defence Act relative to military training such officers could not be brought within the punitive provisions of the Public Service Act if an addition were ma
Opinion Number. 614
Subject
| Date
COMMONWEALTH PROPERTY: NORTHERN TERRITORY LAWS
WHETHER OCCUPANTS OF COMMONWEALTH BUILDINGS ON CROWN LAND USED FOR RESIDENTIAL PURPOSES ARE LIABLE TO PAY RATES
Key Legislation
DISTRICT COUNCILS ACT 1887 (S.A.), s.6
The Secretary, Department of External Affairs, has forwarded the following memorandum for advice:
Some time ago buildings were erected at Darwin by the Commonwealth Government for the use of Government officials for residential purposes at a certain rent per annum. The buildings are situated on Crown Lands.
The District Council of Darwin has now intimated that under the District Councils Act No. 419 of 1887 the owners are rateable.
I shall be glad if you will kindly favour me with advice on the matter.