Legal Opinions

The Assistant Minister (Senator Russell) has approved of the reference to me for advice of the papers in relation to the enforcement of penalties imposed in the various States of the Commonwealth for offences against the compulsory enrolment provisions of the Commonwealth Electoral Act.

Generally the Judiciary Act applies to the enforcement of penalties imposed for offences against the laws of the Commonwealth. New South Wales appears to be the only State in which penalties cannot be recovered by distress.

So far as the Commonwealth Bank Act is concerned it appears that by section 23 the Governor of the Bank may open a branch in New Zealand with the consent of the Treasurer.

As regards New Zealand law, provisions relating to banking are contained in two Acts-the Banking Act 1908 and the Companies Act 1908, Part IX. 92

The Secretary to the Postmaster-General's Department has forwarded an extract from a report which has been received from the Chief Electrical Engineer of his Department, as to the interpretation to be placed on the Commonwealth Public Works Committee Act 1913-1914, in relation to works of the Postmaster-General's Department, and desires advice as to the application of the Act to the works in question.

The Secretary to the Treasury has forwarded the following memorandum asking for advice:

I shall be glad if the Secretary will please cause this office to be furnished with an opinion as to whether payment of compensation or refunds of medical expenses consequent on injuries sustained by an officer (whether in the execution of his duty or otherwise) requires the approval of the Governor-General under section 78 (3) of the Public Service Act.

The case in question is as follows:

In October last the British steamer Strathblane under time charter to J.J. Moore & Company of San Francisco was in Sydney with a cargo of coal consigned to the Inter-island Steam Navigation Company, Honolulu.

Clearance was applied for on October 7th, but by instructions from the Navy Office the ship was not allowed to sail till October 19th, when she was instructed by the authorities to proceed first to Suva for further orders. She arrived at Suva on October 29th, and was detained there by the Naval authorities till November 2nd, when she was allowed to proceed to Honolulu.

The Treasurer desires my advice upon the points raised by Messrs Allen Allen & Hemsley in their letter of 2 February 1915 to the Governor of the Commonwealth Bank, of which the following is a copy:

As requested by you we have given very careful consideration to the following points raised by you, namely:

The Comptroller-General of Customs has asked for advice as to whether the persons mentioned in section 2 of the Declarations and Attestations Act 1913 of Western Australia are competent to take a statutory declaration under the Commonwealth Statutory Declarations Act 1911.

Section 2 of the State Act provides that declarations-

may be made before, or signed and executed in the presence of, and attested by-

I am asked to advise-

(1) Whether paragraph 3.(2) of the Regulations prevents the internment without trial of a naturalized person arrested under paragraph 55, who is known to have committed an offence against the Act, and who by reason of his having committed such offence is believed to be disaffected or disloyal.

I am asked to advise-

(1) Whether paragraph 3.(2) of the Regulations prevents the internment without trial of a naturalized person arrested under paragraph 55, who is known to have committed an offence against the Act, and who by reason of his having committed such offence is believed to be disaffected or disloyal.

On 11 May last the Crown Solicitor advised that, in an inquiry which he had conducted into the question whether an offence had been committed against the Contract Immigrants Act 1905 in connection with the employment of one A.B.C., facts had come to light which showed a prima facie case for a prosecution under the Act in respect of five workmen who had landed in Australia in July and August 1914.