The Secretary, Department of External Affairs, has forwarded the following memorandum asking for advice:
Legal Opinions
Opinion Number. 676
Subject
| Date
NATURALIZATION: DUAL NATIONALITY
WHETHER DECLARATION OF ALIENAGE CAN BE MADE BY PERSON DEEMED TO HAVE BEEN NATURALIZED IN COMMONWEALTH AS INFANT CHILD OF NATURALIZED PERSON: EXTENT OF COLONIAL NATURALIZATION: LIMITED EXTENT OF SUCH NATURALIZATION REFLECTED IN PASSPORTS
Key Legislation
NATURALIZATION ACT 1903, s. 10: NATURALIZATION ACT 1870 (IMP.), s. 16: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP.), ss. 14, 15, 19 (1) (b)
Opinion Number. 677
Subject
| Date
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER MERCHANT SHIPS HIRED OR USED BY COMMONWEALTH ARE SUBJECT TO STATE PORT AND TONNAGE DUES: CHARGES FOR SERVICES RENDERED DIS-TINGUISHED FROM STATE TAXES: LIABILITY OF COMMONWEALTH DEPENDENT ON TERMS OF STATE LEGISLATION
Key Legislation
CONSTITUTION, s. 114
The Naval Secretary has forwarded the following memorandum for advice:
I am directed to request that advice may be given in regard to the following matter, viz. whether in view of section 114 of the Constitution Act, the State Governments can legally levy port dues or tonnage dues on (1) chartered transports, and on (2) detained enemy, or other, ships used by the Commonwealth for trading purposes.
Opinion Number. 678
Subject
| Date
COMMONWEALTH WAR LOANS
WHETHER SUBSCRIBERS TO COMMONWEALTH WAR LOANS MUST PAY EXCHANGE ON INSTALMENTS: WHETHER COMMONWEALTH LIABLE TO REPAY EXCHANGE WRONGLY CHARGED BY ITS AGENT
Key Legislation
The Treasurer desires advice on the following points in connection with the War Loan:
Opinion Number. 679
Subject
| Date
NORFOLK ISLAND
WHETHER RIGHT OF APPEAL PRESCRIBED BY TERRITORY LAW IS ABOLISHED BY COMMONWEALTH LEGISLATION PROVIDING FOR APPEAL TO HIGH COURT: WHETHER APPEAL TO HIGH COURT CAN BE TO SINGLE JUSTICE
Key Legislation
JUDICIARY ACT 1903: NORFOLK ISLAND ACT 1913. ss. 4. 11: ADMINISTRATION LAW 1913 (N.I.). ss. 22-30
The Secretary, Department of External Affairs, has forwarded the following memorandum for advice:
Opinion Number. 680
Subject
| Date
STATE IMMUNITY FROM COMMONWEALTH LAWS
WHETHER COMMONWEALTH HAS POWER TO LEVY INCOME TAX ON SALARIES OF STATE OFFICERS
Key Legislation
CONSTITUTION, s. 114: INCOME TAX ASSESSMENT ACT 1915
The Commissioner of Taxation has forwarded the following memorandum for advice:
It has been claimed that officers of the State Public Service are exempt from income tax levied under the Income Tax Assessment Act 1915, by section 114 Constitution Act and the High Court decision D'Emden v. Pedder 1 C.L.R.91.
Will you kindly advise me whether such a claim is tenable.
In the case of Baxter v. Commissioners of Taxation (N.S.W.) 4 C.L.R. 1087 at p. 1100 the Chief Justice, in delivering the majority judgment , said:
Opinion Number. 681
Subject
| Date
DEFENCE FORCES
OBJECT OF UNIVERSAL COMPULSORY TRAINING: EXTENT TO WHICH ACTIVE SERVICE EXCUSES NON-ATTENDANCE AT COMPULSORY DRILLS
Key Legislation
DEFENCE ACT 1903, Part XII
The object of Part XII of the Act is to prepare citizens to effectively defend their country.
Active service here or outside the Commonwealth is the object for which this preparation is necessary. When therefore a trainee is engaged on active service the duty of attending compulsory drill during such period is discharged.
Opinion Number. 682
Subject
| Date
NATURALIZATION
WHETHER AUSTRALIAN CERTIFICATE OF NATURALIZATION CONFERS RIGHTS OF BRITISH SUBJECT IN UNITED KINGDOM: EXTENT OF COLONIAL NATURALIZATION
Key Legislation
CONSTITUTION, s. 51 (xix): NATURALIZATION ACT 1870 (IMP.), ss. 7, 16: BRITISH NATION
The Secretary, Department of External Affairs, has forwarded the following letter from Mr B.A. Levinson to the High Commissioner for advice:
Opinion Number. 683
Subject
| Date
COMMONWEALTH BANK: BANKING
WHETHER COMMONWEALTH BANK HAS POWER TO UNDERTAKE INSCRIPTION OF STOCK IN LONDON FOR SOUTH AUSTRALIAN GOVERNMENT: WHETHER INSCRIPTION OF STOCK IS PART OF GENERAL BUSINESS OF BANKING
Key Legislation
COMMONWEALTH BANK ACT 1911, s. 7
The Governor of the Commonwealth Bank desires advice on the matter set forth in the following memorandum:
Opinion Number. 684
Subject
| Date
COURTS-MARTIAL
WHETHER OFFICER COMMANDING MEMBERS OF A.I.F. RETURNING TO AUSTRALIA ON TROOP-SHIP FROM SERVICE OVERSEAS WAS COMPETENT TO CONVENE FIELD GENERAL COURT-MARTIAL WHETHER ACTIVE SERVICE' INCLUDES RETURN VOYAGE: WHETHER COURT WAS PROPERLY CONSTITUTED: PRESUMPTION OF REGULARITY
Key Legislation
DEFENCE ACT 1903, s. 4: ARMY ACT (IMP.), ss. 48 (9), 49, 189 (1): RULES OF PROCEDURE 1907, rules 20, 21, 106B
The Secretary, Department of Defence, has forwarded for advice the following memorandum by the Adjutant-General:
With reference to the attached papers relative to a field general court-martial held on board the transport Suevic there is some doubt as to whether it was competent for the O.C. troops to convene a court-martial of that nature.
Opinion Number. 685
Subject
| Date
CUSTOMS DUTY: PRIZE
WHETHER IMPERIAL LEGISLATION SUBJECTING SHIPS AND GOODS TAKEN AS PRIZE TO CUSTOMS DUTIES HAS APPLICATION IN AUSTRALIA
Key Legislation
NAVAL PRIZE ACT 1864 (IMP.), s. 47
The Comptroller-General of Customs desires to be advised whether the Minister for Trade and Customs can exercise in Australia the powers conferred on the Commissioners of Customs and Excise of the United Kingdom in relation to the United Kingdom under section 47 of the Naval Prize Act 1864.
Section 47 of the Naval Prize Act 1864 provides as follows: