The Treasurer asks for any advice as to the constitutionality of-
Opinion Number. 475
MATERNITY ALLOWANCE SOURCES OF POWER TO PAY : SCOPE OF POWER WITH RESPECT TO INVALID PENSIONS . WHETHER PENSION INCLUDES SINGLE PAYMENT : EXTENT OF APPROPRIATION POWER : EFFECT OF STATES' ENTITLEMENT TO SURPLUS REVENUE OF COMMONWEALTH : EXTENT OF POWER TO CREATE OFFENCES
CONSTITUTION, s. 51 (ii), (xxiii); Chapter IV; s. 81 : SURPLUS REVENUE ACT 1910 : MATERNITY ALLOWANCE ACT 1912, ss. 10, II
Opinion Number. 476
COMMONWEALTH BANK WHETHER HAS PRIORITY AS CREDITOR : DISTINCTION BETWEEN INSTRUMENTALITY AND DEPARTMENT OF COMMONWEALTH
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  A.C. 519.
Opinion Number. 477
REPEALING LEGISLATION EFFECT ON REGULATIONS
CROWN LANDS ORDINANCE 1912 (NT.) (No. 3 of 1912). s. 42; Schedule : CROWN LANDS ORDINANCE 1912 (NT) (No. 8 of 1912). s. 4
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.
Opinion Number. 478
COMMONWEALTH BANK WHETHER INSTRUMENTALITY OF COMMONWEALTH : WHETHER SUBJECT TO STATE STAMP DUTY : WHETHER FUNDS AND PROFITS MAY BE APPLIED TOWARDS SUPERANNUATION CONTRIBUTIONS : EXTENT OF POWER TO DIRECT MANNER OF EXECUTING INSTRUMENTS BY ATTORNEY AND USE OF COMMON AND OFFICIAL SEALS . EXTENT OF REGULATION-MAKING POWER OF GOVERNOR OF BANK AND OF GOVERNOR-GENERAL IN COUNCIL
COMMONWEALTH BANK ACT 1911, ss. 24. 28. 29. 30, 32. 63
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:
Opinion Number. 479
FEDERAL JURISDICTION OF STATE COURTS WHETHER COMMONWEALTH SHOULD CONTRIBUTE TOWARDS SALARIES OF STATE JUDGES EXERCISING FEDERAL JURISDICTION
CONSTITUTION, Chapters III, IV : SURPLUS REVENUE ACT 1910
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.
Opinion Number. 480
ELECTORAL ENROLMENT PERSON HAVING RIGHT TO VOTE AT STATE ELECTIONS : EXTENT OF DISQUALIFICATION ON GROUNDS OF RACE
CONSTITUTION, s. 41 : COMMONWEALTH FRANCHISE ACT 1902
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.
Opinion Number. 481
FINANCE WHETHER ISSUES OF STOCK REQUIRED TO BE IDENTIFIED WITH PARTICULAR LOAN ACT : WHETHER MONEY RAISED FOR PURPOSES OF ONE LOAN ACT MAY BE USED FOR PURPOSES OF OTHER LOAN ACT : NATURE OF LOAN FUND
AUDIT ACT 1901-1912, s. 55 : COMMONWEALTH INSCRIBED STOCK ACT 1911, ss. 4. 12: LOAN ACT 1911
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.
Opinion Number. 482
FINANCE WHETHER COMMONWEALTH CAN CREDIT TO LOAN FUND PROCEEDS OF SALES OF TOOLS PAID FOR OUT OF LOAN FUND
CONSTITUTION, s. 81 . LOAN ACT 1911
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.
Opinion Number. 483
ELECTORAL ENROLMENT CRITERIA FOR REMOVAL OF NAMES FROM ROLLS : CRITERIA FOR INCLUSION OF NAMES ON NEW ROLLS
COMMONWEALTH ELECTORAL ACT 1902-1911, Parts V, VI, VII
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.
Opinion Number. 484
PUBLIC SERVANT WHETHER COMMONWEALTH LIABLE TO GRANT FURLOUGH : NATURE OF RESIGNATION
COMMONWEALTH PUBLIC SERVICE ACT 1902-1911, s. 71
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.