Legal Opinions

The Secretary to the Federal Executive Council has forwarded the following memorandum asking for advice:

The Secretary to the Prime Minister's Department has forwarded for advice, as to the legal aspect, the following memorandum:

In anticipation of peace terms the Administrator, (late) German New Guinea, has furnished a report on the question of dealing after the war with property owned by enemy subjects in that Territory.

The following memorandum has been forwarded to me asking for advice:

Section 16 of the Commonwealth Railways Act 1917 reads:

For the purposes of this Act there shall be vested absolutely in the Commissioner,and, in respect of land, for an estate in fee simple-

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(d) all land acquired for or on behalf of the Commonwealth for railway purposes;

Section 21 of the same Act provides that the Commissioner may, with the approval of the Minister, lease any land belonging to the railways for any purpose approved by him.

With reference to the attached letter from Mr A.B.C. of the Registrar-General's Department, Perth, forwarding for consideration a draft War Legitimation Bill, I desire to inform you that the constitutional powers of the Commonwealth are not sufficiently wide to permit of the enactment of a valid law in the wide terms suggested by Mr C.

The principal powers of the Commonwealth in relation to infants are contained in paragraphs (xxi) and (xxii) of section 51 of the Constitution, as follows:

The Acting Secretary to the Acting Public Service Commissioner has forwarded the following memorandum for advice:

The Acting Public Service Commissioner desires me to submit the following matter for the favour of advice:

The Secretary, Department of Defence:

The Acting Secretary, Department of Defence, has forwarded the following memorandum for advice:

I refer to your minute of 27 August last and the Crown Solicitor's opinion No. 485 in connection with the above.

The following is an extract from the opinion of the Crown Solicitor referred to:

I do not think that Act (Regimental Debts Act) directly affects the rights of succession to deceased soldiers' property.

The Secretary, Department of Defence, has forwarded the following memorandum for advice:

An accused person was tried by district court-martial on the following charge:

Deserting His Majesty's Service, in that he at Headquarters, Enoggera, 1st Military District on the 19th day of November 1916 absented himself without leave from the Hospital Unit A.I.F. until he was apprehended by the Civil Police on the 29th day of June 1917 at Bundaberg 1st Military District, whereby expenses were incurred through the commission of such offence, namely:

The Public Service Commissioner has forwarded the following case asking for advice:

The Comptroller-General of Customs and Public Trustee desires advice as to the liability to the payment of State stamp duty of the transfers of shares recently sold in New South Wales by the Public Trustee.

I understand the sales in question were made in pursuance of the War Precautions (Enemy Shareholders) Regulations, the shares having in accordance with those Regulations previously been transferred to and vested in the Public Trustee and a direction for sale by the Public Trustee having been given subsequently.

The Secretary of the Home and Territories Department has forwarded the following memorandum asking for advice: