Legal Opinions

Opinion Number. 465

Subject

SPECIAL APPROPRIATION
WHETHER PROVISION FOR GRANT OF PAY ON RETIREMENT AMOUNTS TO

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902-1911, s. 71

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

With reference to section 6 of the Commonwealth Public Service Act 1911 which reads as follows, I shall be glad if the Secretary will please advise whether the wording [emphasised] constitutes a special appropriation in each case:

'6. Section seventy-one of the Principal Act is repealed and the following section inserted in its stead:-

Opinion Number. 466

Subject

ELECTORAL DISTRIBUTION
WHETHER PROPER FOR COMMISSIONERS TO CONSIDER MATTERS EXTRANEOUS TO THOSE PROVIDED FOR BY LAW

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902-1911, s. 16

The Secretary to the Department of Home Affairs has submitted the following minute by the Chief Electoral Officer, and the telegram accompanying it, to this De-partment for advice.

The minute is as follows:

I shall be glad if the accompanying telegram will be referred to the Attorney-General's Department for advice, as a matter of urgency.

Opinion Number. 467

Subject

STATUTORY RULES
EFFECT OF PASSING EXECUTIVE COUNCIL MINUTES FOR MAKING : ABSENCE OF GOVERNOR-GENERAL : PRACTICE IN REGARD TO DATING

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary to the Department of Defence has forwarded the following memor-andum to me for advice:

I should be glad to be favoured with an opinion relative to the accompanying copies of Order in Council and Statutory Rule, from which it will be noted that the former was ap-proved by the Executive Council on 17 July 1912 'to come into operation forthwith' and the latter also making the regulation 'to come into operation forthwith' was signed by His Excellency the Governor-General on 18 July 1912.

Opinion Number. 468

Subject

R0YAL ASSENT
EFFECT OF PURPORTED ASSENT TO ORDINANCE NOT DULY PASSED

AuthorGARRAN Robert Randolph | Date
Key Legislation

PAPUA ACT 1905, s. 38

The Secretary to the Department of External Affairs has forwarded the following memorandum for advice:

I enclose 'Supply Ordinance (No. 1) 1912-1913' being IX of 1912 (Papua) and also the proceedings of the Legislative Council which accompanied the Ordinance. It will be seen that the words 'ordinary annual' which, according to the Legislative Council Minutes of 3 of 1912 (29 June), should have been inserted in the schedule, were not so inserted.

I shall be glad if you will advise me whether the omission affects the validity of the Ordinance.

Opinion Number. 469

Subject

ELECTORAL ENROLMENT
CIRCUMSTANCES IN WHICH RESIDENTS OF TERRITORIES MAY BE ENROLLED : WHETHER POLLING PLACES MAY BE APPOINTED IN TERRITORIES

AuthorHUGHES William Morris | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902-1911, ss. 25, 31

The Minister for Home Affairs has submitted the following questions to me for advice:

Opinion Number. 470

Subject

SEAT 0F GOVERNMENT
WHETHER OFFICERS MAY BE APPOINTED UNDER ORDINANCE TO COMMONWEALTH PUBLIC SERVICE : WHETHER OFFICERS APPOINTED UNDER ORDINANCE FOR LOCAL GOVERNMENT OF TERRITORY MAY ADMINISTER ACTS

AuthorHUGHES William Morris | Date
Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902-1911, ss. 2. 3, 15, 16 : SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910. s. 12 : NORTHERN TERRITORY (ADMINISTRATION) ACT 1910, s.4

The following memorandum has been referred to me by direction of the Minister for Home Affairs for advice:

Opinion Number. 471

Subject

PREFERENCE TO ONE STATE OVER ANOTHER STATE
WHETHER PROPOSED TELEGRAPHIC SERVICE LIMITED TO CERTAIN OFFICES AMOUNTS TO

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 51 (v), 99

The Secretary, Postmaster-General's Department, asks for advice on the question raised in the following memorandum:

Opinion Number. 472

Subject

TRADE AND COMMERCE
WHETHER COMMONWEALTH HAS POWER TO ESTABLISH INTERSTATE TRADE AND MAIL SERVICE

AuthorHUGHES William Morris | Date
Key Legislation

CONSTITUTION, s. 51 (i), (v)

The question whether the Commonwealth has constitutional power to conduct an interstate mail and trade service between Tasmania and the mainland has been re-ferred to me for advice by direction of the Postmaster-General.

There is no Commonwealth legislation in existence to authorise the establishment of a mail and trade service by the Commonwealth between Tasmania and the main-land, and, in the absence of such legislation, I doubt whether it would be practicable to establish such a service.

Opinion Number. 473

Subject

PUBLIC SERVANT
WHETHER COMMONWEALTH LIABLE TO GRANT FURLOUGH : CRITERIA FOR EXERCISE OF DISCRETION

AuthorHUGHES William Morris | Date
Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902-1911, s. 71

Mr A.B., lately a clerk in the Telegraph Branch of the G.P.O. Sydney, retired after twenty-nine years' service. It is stated that he has a clean record. On retirement he was allowed one month's furlough.

Mr Webster, M.H.R. has written to the Prime Minister bringing the case under his notice and contends that every officer, subject to-the disqualifications contained in the Act, is entitled to receive six months' salary when he retires after twenty years of good service.

The following is a minute by the Public Service Commissioner in regard to the matter:

Opinion Number. 474

Subject

TREATIES
CRITERIA FOR ADHERENCE WITH RESERVATIONS

AuthorGARRAN Robert Randolph | Date
Key Legislation

A despatch has been received from the Secretary of State for the Colonies for-warding copies of the International Sanitary Convention of 1912 signed at Paris(1) and requesting information as to whether the Commonwealth Ministers desire that the Convention should be applicable to the Commonwealth.

The Director of Quarantine in his report on the matter states inter alia as follows: