QUARANTINE
SOURCES OF POWER : WHETHER EXERCISE OF POWER BY COMMONWEALTH DEPENDS ON TRANSFER OF STATE DEPARTMENTS
CONSTITUTION, ss. 51 (ix), 52, 69 : QUARANTINE ACT 1908
The Comptroller-General of Customs forwards the following memorandum for advice:
The Minister for Trade and Customs desires the opinion of the Crown Law Authori-ties on the point raised in the first paragraph in the attached press cutting and referred to in the memorandum of the Director of Quarantine, especially on the matter on which the supposed opinion of Professor Harrison Moore is quoted.
The paragraph referred to, from the Age of 22 June, is as follows:
COMMONWEALTH BANK
WHETHER WITHDRAWALS FROM SAVINGS BANK SUBJECT TO STATE STAMP DUTY
The Governor of the Commonwealth Bank has asked for my advice as to whether stamp duty would be chargeable on withdrawals, whether by cheque or other form, from the Savings Bank Department of the Commonwealth Bank of Australia.
There is no provision for stamp duties under the law of the Commonwealth, so no stamp duty would be chargeable under Commonwealth law.
The liability to State stamp duty might depend upon the form of the instrument. If for instance it were a negotiable instrument, I think that stamp duty might be payable on it as such.
ACQUISITION OF LAND
MEANING OF 'LAND' : WHETHER COMMONWEALTH HAS POWER TO ACQUIRE ROADS
ACTS INTERPRETATION ACT 1901, s. 17: LANDS ACQUISITION ACT 1906. s. 5
The following case has been submitted, by direction of the Minister for Home Affairs, to me for advice:
I am instructed by the Minister for Home Affairs to inform you that he has been requested by the Minister for Defence to compulsorily acquire for the purposes of the De-partment of Defence certain lands near Liverpool, New South Wales, as indicated on the attached plan marked 'D' by red border as amended on the northern boundary by tracing thereto attached.
LIMITATION OF ACTIONS
WHETHER COMMONWEALTH MAY WAIVE BAR TO CLAIM WHERE DAMAGE NOT REPORTED WITHIN TIME
The Secretary, Department of Defence has forwarded the following memorandum for advice:
MINISTERIAL APPROVAL
WHETHER TERMS OF CONTRACTS MAY BE APPROVED GENERALLY : ONUS OF PROOF : MODE OF PROOF
CONTRACT IMMIGRANTS ACT 1905, s. 5
The following memorandum has been referred by the Secretary to the Department of External Affairs to me for advice:
Attention is invited to the enclosed letter from the Premier Manufacturing Company, and the newspaper cutting attached thereto.
2.The present practice in dealing with applications for approval of contracts proposed to be made with a number of persons abroad for service in the Commonwealth is as follows:
ELECTORAL DISTRIBUTION
EFFECT ON DIVISIONS PENDING GENERAL ELECTION : WHETHER ENROLMENT, TRANSFER OR CHANGE ON OLD ROLLS MAY BE DEFERRED UNTIL WRIT FOR BY-ELECTION
COMMONWEALTH ELECTORAL ACT 1902-1911, ss. 21. 26
The following memorandum by the Chief Electoral Officer has been submitted by the Secretary to the Department of Home Affairs to me for advice:
Section 21 of the Commonwealth Electoral Act reads as follows:
if both Houses of Parliament pass a resolution approving of any proposed distri-bution the Governor-General may by proclamation declare the names and boundaries of the Divisions, and such Divisions shall until altered be the Elec-toral Divisions for the State in which they are situated.
ELECTORAL DISTRIBUTION
DISAPPROVAL BY HOUSE OF PARLIAMENT : WHETHER COMMISSIONERS PREPARING FRESH DISTRIBUTION REQUIRED TO ALTER AS REQUESTED BY HOUSE
COMMONWEALTH ELECTORAL ACT 1902-1911, s. 22
The Minister for Home Affairs forwards for advice the following minute by the Chief Electoral Officer:
I desire to bring under the Minister's notice the terms of the amendment moved by Senator Henderson and carried by the Senate, in relation to the proposals of the Electoral Commissioners for Western Australia; and to suggest that, in view of the provisions of Part III of the Commonwealth Electoral Act 1902-1911, the Attorney-General's advice be obtained as to the correct legal procedure.
AIR NAVIGATION
WHETHER COMMONWEALTH HAS POWER TO REQUIRE AIRCRAFT TO BE REGISTERED : WHETHER REQUIREMENT TO REGISTER VEHICLES FOR DEFENCE PURPOSES EXTENDS TO AIRCRAFT
CONSTITUTION, ss. 51 (i), (vi), 98: DEFENCE ACT 1903-1911, s. 67
Certain proposed regulations relating to aerial navigation are now under con-sideration of the Department of Defence.
In this connection the Council of Defence recommended that the opinion of the Attorney-General be obtained as to whether a clause could be inserted in the regu-lations requiring all aerial machines to be registered.
The Defence Act by section 67 provides that the owners of vehicles and animals may be required by the regulations to register them periodically.
NAVIGATION AND SHIPPING
EXTENT OF COMMONWEALTH POWER WITH RESPECT TO HEALTH ON BOARD SHIP : INCONSISTENCY BETWEEN COMMONWEALTH AND STATE HEALTH LAWS
CONSTITUTION, ss. 51 (i), 98, 107, 108, 109 : NAVIGATION ACT 1912 : HEALTH ACT 1911 (W.A.)
The Comptroller-General of Customs desired to be advised on the point raised by the Director of Quarantine in a memorandum written by the Director on a letter received by him from Dr Cumpston.
Dr Cumpston wrote as follows:
LIMITATION OF ACTIONS
WHETHER COMPLIANCE WITH PRESCRIBED PROCEDURE MAY BE WAIVED: CRITERIA FOR WAIVER
The Secretary to the Department of Defence has forwarded the following memor-andum to me for advice:
With reference to your [memorandum of 29 June 1912](1); containing opinion with re-gard to the suspension of a regulation by Order in Council to meet certain special cases where it was equitable that consideration should be given, I shall be glad if you will kindly advise me on the general question of setting aside any regulation in order to satisfy equity, justice or convenience.