Legal Opinions

The Treasurer asks for any advice as to the constitutionality of-

The Treasurer has asked for my opinion as to whether the Commonwealth Bank of Australia has any right to priority of payment as against ordinary unsecured creditors other than State Governments.

It is well established that the Crown has, by virtue of its prerogative, a right of pri-ority of payment as against a subject. See New South Wales Taxation Commissioners v. Palmer [ 1907] A.C. 179; and Attorney-General for New South Wales v. Curator of Intestate Estates [1907] A.C. 519.

The Secretary to the Department of External Affairs has forwarded the following telegram from the Administrator of the Northern Territory to me and asks for advice whether regulations under the Crown Lands Ordinance 1912 are affected by its repeal:

3527 Press message states new Land Ordinance provides for all Regulations being made by Governor-General in Council. Do Grazing Licence Regulations stand applications on hand.

The Treasurer desires advice on the following communication of the Governor of the Commonwealth Bank:

I have the honour to request that you will be good enough to refer to the Attorney-General for his opinion on the following matters in connection with the Commonwealth Bank of Australia:

Superannuation Fund

I agree with the Commissioner's minute.⁽¹⁾ The Federal jurisdiction of the State courts is provided for by the Constitution, and is a part of the general relations between Commonwealth and States upon which is based the financial adjustment provided by the Constitution and the Surplus Revenue Act.

A draft of an Electoral Handbook proposed to be issued by the Electoral Office for public information has been referred to me for review and advice as to whether the law has been fairly stated.

I have perused the draft and I think that, except as regards the following matters, the effect of the law is correctly stated.

The following memorandum has been forwarded by the Acting Secretary to the Treasury to me for advice:

It is anticipated that the Loan Bill⁽²⁾ now before Parliament will shortly become law, and it is necessary that a decision should be given at an early date as to any distinction to be made in the Treasury accounts between the borrowings under the old Loan Act and the borrowings under the new one.

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

The Department of Home Affairs sells to men employed on the Transcontinental Railway certain tools. The proceeds of the sales are not immediately received by the Department, which recovers by deductions from the wages of the men.

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

Submitted for the Minister's approval that the Attorney-General's Department be asked to advise in relation to the following matters.

On 18 September 1912 I gave an opinion⁽¹⁾ on the case of Mr A.B., late clerk G.P.O. Sydney, who had retired after 29 years' service, but who had not been granted a gratuity under section 71 of the Public Service Act.

In that opinion I advised in effect that section 71 although permissive in form con-ferred on officers a right to have their cases considered under it and that, Mr B. having retired after more than 20 years and not having been granted furlough or been reduced for misconduct, his case was a proper one for reconsideration under the section.