On 28 May 1917, the Solicitor-General gave an opinion(1) in reply to a case submitted by this Department that disobedience by a member of the A.I.F. of an order to submit to dental treatment was an offence against section 9 (2) of the Army Act. On that occasion attention was not drawn to section 18 (3) of the Army Act. The question as to whether such disobedience should be charged as an offence against that section was referred on 24 July 1917, but no opinion on this matter has been received as yet.
Legal Opinions
Opinion Number. 836
Subject
| Date
DEFENCE FORCES
COMPULSORY MEDICAL AND DENTAL TREATMENT: POWER OF COMMONWEALTH TO ENFORCE
Key Legislation
ARMY ACT, ss. 9 (2). 18 (3): AUSTRALIAN MILITARY REGULATIONS 1916, reg. 493 (A)
Opinion Number. 837
Subject
| Date
PRICE FIXING: INCONSISTENCY
WHETHER COMMONWEALTH LEGISLATION FIXING PRICE OF BREAD ACCORDING TO EXACT WEIGHT OVERRIDES INCONSISTEN T STATE LEGISLATION
Key Legislation
CONSTITUTION, ss. 51 (vi), 109: SALE OF BREAD ACT 1896 (TAS.): WAR PRECAUTIONS (PRICES) REGULATIONS 1916
The following memorandum from the Prices Commissioner, Hobart, has been transmitted to me for advice:
In conversation with the State Chief Health Officer, Dr Park, yesterday, he mentioned the matter of the weight of 'fancy' bread, i.e. bread baked in loaves separate from other loaves with crust on all sides of them.
Opinion Number. 838
Subject
| Date
REPATRIATION
CLASSES OF PERSONS TO WHOM ASSISTANCE AND BENEFITS CAN BE GRANTED: POWER TO MAKE REGULATIONS FOR GIVING EFFECT TO ACT: MEANING OF REPATRIATION': POWER OF LOCAL COMMITTEES OVER FUNDS: POWER OF COMMISSION TO CONTROL PATRIOTIC FUNDS
Key Legislation
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, ss. 8, 12 (2), 21, 22
The Comptroller of Repatriation has forwarded the following memorandum asking for advice:
As doubt exists as to the Australian Soldiers' Repatriation Act No. 37 of 1917, I shall be pleased if you will favour me with replies to the following questions:
Opinion Number. 839
Subject
| Date
INCOME TAX
INCOME DERIVED FROM SOURCES WITHIN AUSTRALIA: WHETHER RENT RECEIVED BY ENGLISH COMPANY FOR HIRE OF AUSTRALIAN-REGISTERED VESSEL REQUISITIONED BY COMMONWEALTH CONSTITUTES INCOME DERIVED FROM SOURCE WITHIN AUSTRALIA: EFFECT OF REQUISITIONING ON SOURCE OF INCOME
Key Legislation
INCOME TAX ASSESSMENT ACT 1915, s. 10(1)
The Acting Commissioner of Taxation has forwarded the following memorandum for advice:
In your advising of 23 February last(1) you stated in regard to foreign-owned ships requisitioned by the Commonwealth Government as transports, that if the owner was not resident in the Commonwealth and the vessel was taken by the Government by force majeure, the ship owned cannot be regarded as carrying on a business in the Commonwealth. The Department has therefore treated the hire money in such cases as not subject to tax.
Opinion Number. 840
Subject
| Date
NATURALIZATION
WHETHER APPLICANT FOR NATURALIZATION IS REQUIRED TO TAKE OATH OF ALLEGIANCE AND RENOUNCE FOREIGN NATIONALITY BEFORE EXECUTIVE APPROVAL OF NATURALIZATION: PRACTICE IN REGARD TO ISSUE OF CERTIFICATE OF NA TURALIZA TION
Key Legislation
NATURALIZATION ACT 1903, s. 7: NATURALIZATION AND DENIZATION ACT OF NEW SOUTH WALES 1898, s. 6
The Secretary, Home and Territories Department, forwards the following memorandum for advice:
Your attention is invited to section 7 of the Naturalization Act 1903-1917 relative to the issue of a certificate by the Governor-General after he has received from an applicant the necessary certificate showing renunciation of allegiance to the country of which he is a subject, and taking the oath of allegiance to the King.
Opinion Number. 841
Subject
| Date
PATENTS
RENEWAL OF PATENT: ENLARGEMENT OF TIME FOR PAYMENT OF FEE: WAIVER OF IRREGULARITY
Key Legislation
PATENTS ACT 1903, s. 64 (3), (4); Second Schedule: PATENTS REGULATIONS 1912. reg. 147
The following memorandum has been forwarded to me for advice:
I shall be glad if you will furnish an opinion upon the following matter: Sub-section (3) of section 64 of the Patents Act 1903-1909 enables a patentee to apply for an enlargement of the prescribed time for paying the renewal fee on a patent, 'Prescribed time', by the Second Schedule to the Patents Act, meaning 'On the expiration of the 7th year of the period of the patent'.
Opinion Number. 842
Subject
| Date
PARLIAMENTARY PRIVILEGE: WAR PRECAUTIONS
SPEECH IN PARLIAMENT REPRINTED IN PAMPHLET FORM: WHETHER PUBLICATION IN HANSARD IS DEFENCE TO CHARGE OF MAKING STATEMENT PREJUDICIAL TO RELATIONS WITH FOREIGN POWER: USE OF COMMONWEALTH ARMS ON REPRINT: CENSORSHIP OF PRINTED MATTER RELATING TO WAR: WHETHER PAMPHLET CAN BE SEIZED IN PARLIAMENT HOUSE
Key Legislation
TRADE MARKS ACT 1905, s. 113: WAR PRECAUTIONS REGULATIONS, regs 28 (1) (a), 28AA, SO
The Government Printer has delivered, at Parliament House, addressed to Mr Catts, packages understood to contain copies of a reprint of Mr Catts's speech in the House of Representatives on 15 January 1918(1), with a cover headed with the Commonwealth Arms and the words 'Commonwealth of Australia', and on the inside of the cover a facsimile of an open letter by Mr Catts dated from 'Federal Offices, Commonwealth Bank, Sydney', and headed with the Commonwealth Arms and the words 'House of Representatives', the speech being also cross-headed throughout.
Opinion Number. 843
Subject
| Date
WAR PRECAUTIONS: EXTRATERRITORIALITY
WHETHER ORDER VESTING ENEMY SHAREHOLDINGS IN PUBLIC TRUSTEE CATCHES SHARES HELD ON OVERSEAS SHARE REGISTER
Key Legislation
WAR PRECAUTIONS (ENEMY SHAREHOLDERS) REGULATIONS 1916
The Comptroller-General of Customs forwards the following case for opinion:
On 5 October 1916, by Commonwealth of Australia Gazette No.137, sundry shares in the Amalgamated Zinc (de Bavay's) Ltd were vested in the Public Trustee.
Under date 17 April 1917, the Solicitor-General authorised the Public Trustee to sell the shares in question.
By minute dated 17 September 1917, a letter as follows received by the Public Trustee was referred to the Secretary, Attorney-General's Department, for favour of advice, namely:
Opinion Number. 844
Subject
| Date
WAR PENSIONS: DIVORCE
WIDOWED MOTHER OF UNMARRIED SON: WHETHER WOMAN WHOSE FORMER HUSBAND DIES AFTER DIVORCE IS WIDOW FOR WAR PENSION PURPOSES
Key Legislation
WAR PENSIONS ACT 1914, s. 2
The Assistant Commissioner of Pensions has forwarded the following memorandum asking for advice:
The Deputy Commissioner of Pensions, London, has submitted the following query: A woman obtains a divorce from, or is divorced by, her husband and remains unmarried. In the event of her husband dying, could she then be treated as a widowed mother for the purposes of the War Pensions Act 1914-19161
Opinion Number. 845
Subject
| Date
TRADE MARKS
REGISTRATION OF BRITISH EMPIRE MARK AS STANDARDISATION MARK: WHETHER COMMONWEALTH HAS POWER TO LEGISLATE FOR REGISTRATION AS TRADE MARK OF MARK APPLIED TO GOODS AFTER EXAMINATION BY PUBLIC AUTHORITY
Key Legislation
CONSTITUTION, s. 51 (i), (xviii): TRADE MARKS ACT 1905, s. 22
There is some doubt whether the mark proposed to be registered is in fact a trade mark in the sense in which that expression is used in the Constitution.
Section 22 of the Trade Marks Act 1905-1912 provides for the registration of a standardisation trade mark. That section is as follows:
22