The Secretary to the Department of Defence has referred the following letter from the Secretary to the Department of the Interior of the Union of South Africa to me for any information this Department can furnish on the subject referred to therein:
Legal Opinions
Opinion Number. 425
Subject
| Date
DEFENCE
WHETHER COMMONWEALTH HAS POWER TO CONTROL PORTS AND HARBOURS : ENFORCEMENT OF REGULATIONS AGAINST CIVILIANS IN PEACE AND WAR
Key Legislation
DEFENCE ACT 1903-1910, ss. 63, 82, 124
Opinion Number. 426
Subject
| Date
FREED0M 0F INTERSTATE TRADE : INCONSISTENCY
WHETHER STATE PROHIBITION OF IMPORTATION OF PLANTS FROM OTHER STATES VALID : WHETHER COMMONWEALTH QUARANTINE LAW EXCLUDES STATE RESTRICTIONS : AUTHORITY OF STATE MINISTER TO IMPORT GOODS CONTRARY TO COMMONWEALTH LAW
Key Legislation
CONSTITUTION, ss. 92, 109 : QUARANTINE ACT 1908 : THE DISEASES IN PLANTS ACT OF 1896 (QLD)
The Minister for Customs has referred the following minute by the Director of Quarantine to me for advice:
Both in Queensland and New South Wales there appears a desire to impose quarantine restrictions which shall be under the control of the State Minister. This appears to me to be entirely unconstitutional and a thing which should be definitely checked. It is recommended that the file attached be referred to the Secretary, Attorney-General's Department for the benefit of the Attorney-General's guidance with a view to any necessary action.
Opinion Number. 427
Subject
| Date
SUPPLY
WHETHER COMMONWEALTH MAY ARRANGE WITH BANK TO PAY CREDITORS PENDING PASSING OF
Key Legislation
CONSTITUTION, s. 83 : AUDIT ACT 1901-1906. ss. 31. 57
The Treasurer asks to be advised on the question raised in the following memorandum:
Opinion Number. 428
Subject
| Date
H0USE OF REPRESENTATIVES
EFFECT OF RACIAL DISQUALIFICATIONS FOR VOTING IN RECKONING QUOTA : WHETHER RESIDENTS OF TERRITORIES INCLUDED IN PEOPLE OF COMMONWEALTH
Key Legislation
CONSTITUTION, ss. 24. 25. III. 122. 127 : REPRESENTATION ACT 1905 : PARLIAMEN
The Minister for Home Affairs has referred the following memorandum by the Chief Electoral Officer to me for advice:
In connection with the action to be taken under the Representation Act 1905 as a result of the recent census, I shall be glad of advice in the following matters:
Opinion Number. 429
Subject
| Date
ROYAL ASSENT
PROCEDURE FOR DATING AND SIGNING ORDINANCES OF TERRITORIES
Key Legislation
PAPUA ACT 1905, s. 38
The Secretary to the Department of External Affairs has forwarded the following despatch from the Lieutenant-Governor of Papua to me for advice:
I have the honour to request that I be informed whether, in the case of Ordinances which have been passed during my absence on leave, the printed copies which are forwarded to you should be signed by Mr Smith(1) or myself.
Opinion Number. 430
Subject
| Date
COPYRIGHT
WHETHER REQUIREMENT THAT PUBLISHERS DEPOSIT COPIES OF BOOKS WITH LIBRARY IS INCIDENTAL TO
Key Legislation
CONSTITUTION, s.Sl (xviii), (xxxix) : COPYRIGHT ACT 1905. s. 75
The Secretary to the Prime Minister has referred the following letter to me for consideration:
Opinion Number. 431
Subject
| Date
DUAL NATIONALITY
STATUS OF PERSON BORN IN AUSTRALIA OF ALIEN PARENTS : EXTENT OF BRITISH PROTECTION : LIABILITY TO PERFORM MILITARY SERVICE IN FOREIGN STATE
Key Legislation
THE NATURALIZATION ACT 1870 (IMP.), s. 4
On 31 January 1911(1) I gave the opinion to the Secretary, Department of Defence, that the two sons of Mr A.B. were British subjects, and liable to military training under section 125 of the Defence Act, and that the fact that French law might regard them as French subjects was immaterial.
On 16 August 1911 Mr B. sent the following letter to the Department of Defence:
Opinion Number. 432
Subject
| Date
TRADE DESCRIPTION
WHETHER INCLUDES GRADE MARK : WHETHER GOODS INTENDED FOR EXPORT MAY BE GRADE MARKED
Key Legislation
COMMERCE (TRADE DESCRIPTIONS) ACT 1905, ss. 3. 14
The following memorandum has been referred by the Comptroller-General of Customs to me for advice:
In regard to the question that has been raised as to the Department's power to grade and mark butter, cheese and carcase meat as set out in Part V of the Commerce Act Regulations, it is presumed that there is no doubt as to the authority given by the Act for the Department's officers to grade and mark these goods in the manner prescribed.
Opinion Number. 433
Subject
| Date
FINES AND PENALTIES
WHETHER FINES IMPOSED BY STATE COURTS FOR OFFENCES AGAINST COMMONWEALTH LAW BELONG TO COMMONWEALTH OR STATE : PROCEDURE FOR PAYMENT OF FINES TO COMMONWEALTH
Key Legislation
DEFENCE ACT 1903-1910
The Secretary to the Department of Defence has forwarded to me for opinion the following memorandum:
Would you kindly cause this Department to be favoured with an opinion in respect of the following:
Opinion Number. 434
Subject
| Date
PRODUCTION OF COMMONWEALTH DOCUMENTS
WHETHER PROPER FOR APPLICATION FOR INVALID PENSION BY PERSON CLAIMING COMPENSATION FOR INJURY ON STATE RAILWAYS TO BE SHOWN TO STATE CROWN SOLICITOR
Key Legislation
INVALID AND OLD-AGE PENSIONS ACT 1908-1909
The Prime Minister has asked for my opinion whether he should allow the State Crown Solicitor to see the papers of an applicant for an invalid pension. The State Crown Solicitor wishes to see the papers in connection with a claim for compensation for injuries on the State railways.
I know of no provision in the Invalid and Old-age Pensions Act 1908-1909 or in the regulations thereunder which prohibits the disclosure of any matters appearing on the papers connected with an application.