Legal Opinions

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

Two questions are raised on the file:

1. The power to make regulations depending upon the meaning of the words 'the officer commanding any corps or ship' in section 108 of the Defence Act; and
2. The meaning of 'Commanding Officer' in the regulations.

I agree with the Crown Solicitor that under the Act the regulations cannot confer authority to punish on anyone but 'the officer commanding any corps or ship'.

The Secretary to the Treasury has referred the following memorandum to me for advice:

It is proposed to pay to the credit of Trust Account, Uniform Clothing and Necessaries (Naval) Account, the following amounts voted in the Appropriation Act 1911-19112, viz.:

Under Division 52, Permanent Force (Sea-going), Sub-division 2-

Item 2. Uniform Clothing and Necessaries .................................................. £10,000

Item 4. Compensation for damages to or loss of clothing ...................................... 1,000

The Secretary to the Department of External Affairs has submitted the following memorandum to me for advice as to whether proceedings could be successfully instituted against the master of the St Albans under section 9 of the Immigration Restriction Act 1901-1910:

On the 27th June last a Chinese named A.B., a passenger per the S.S. Levuka from Fiji, was allowed to land at Sydney under section 6 of the Immigration Restriction Act for trans-shipment to a vessel bound for China.

The following memorandum by the Chief Electoral Officer has been submitted by the Secretary to the Department of Home Affairs to me for advice:

The question of the representation in the Commonwealth Parliament of the persons residing in the Federal Capital Site Territory (numbering approximately 800) is one that can only be dealt with by parliamentary action under the provisions of section 122 of the Constitution, which provides that-

The Minister for Defence asks to be advised on a question raised by Mr McDougall, M.P. as to whether the Department of Defence has power to prevent members of the Citizen Defence Force from acting as special constables of a State.

In my opinion the Defence Department has no such power.

[Vol. 9, p. 413]

The Secretary to the Prime Minister's Department has asked for advice regarding the question of the issue of a Commission appointing Mr Fisher to administer that Department.

The Prime Minister's Department was established on 28 December 1911 as from 1 July 1911. See Gazette, 30 December 1911.

No new Commission has, I understand, been issued to any Minister to administer the new Department.

The Auditor-General has submitted the following case to me for opinion:

I have the honour to request the favour of your opinion upon the question raised in the accompanying correspondence as to the inclusion in Acts appropriating moneys from the Consolidated Revenue, of amounts which the Treasurer's Estimates of Expenditure (as passed by Parliament) clearly show are to be paid from Trust Funds.

Mr Graham, one of the three Commissioners appointed to redistribute the State of Queensland in Electoral Divisions, has written the following letter to the Secretary to the Department of Home Affairs:

With reference to your [letter] dated 22 December last, I have the honour to request guidance in the following circumstances.

The Secretary to the Department of Home Affairs has asked for advice as to whether the Minister has any power to remit a fine imposed under the authority of the Rates Ordinance 1911 in force in the Territory for the Seat of Government.

The Ordinance provides that if any rates are not paid within the time specified in the notice of the rate, there shall be added to the amount of the rates payable a penalty of ten per centum on the amount of the rates.