The Comptroller of Repatriation forwards the following memorandum for advice: I beg to refer to you for consideration and favour of early advice, the following question raised by Senator Millen:
Legal Opinions
Opinion Number. 846
Subject
| Date
REPATRIATION
WHETHER COMMONWEALTH HAS POWER TO ESTABLISH AND CONTROL BUSINESS UNDERTAKINGS FOR BENEFIT OF RETURNED SOLDIERS
Key Legislation
CONSTITUTION, s. 51 (vi), (xxxix)
Opinion Number. 847
Subject
| Date
COMMONWEALTH RAILWAYS
WHETHER COMMISSIONER HAS POWER TO SELL LANDS ACQUIRED FOR RAILWAY PURPOSES: APPLICATION OF LANDS ACQUISITION LEGISLATION TO LANDS SO ACQUIRED: POWER TO MAKE REGULATION DELEGATING POWER TO SELL LANDS TO COMMISSIONER
Key Legislation
LANDS ACQUISITION ACT 1906, ss. 63 (1), 67: COMMONWEALTH RAILWAYS ACT 1917, ss. 5, 21, 63 (2)
On 22 October 1917, I advised that, assuming no modifications or adaptations of the Lands Acquisition Act 1906-1916 had been prescribed, land acquired for the purposes of a railway may be sold by the Governor-General under that Act.(1)
Subsequently the Commissioner for Railways was asked, in connection with a proposal to make certain land in Port Augusta available to the Waterside Workers Union, whether he favoured 'a long lease or a transfer' of the land.
In reply he points out-
Opinion Number. 848
Subject
| Date
CUSTOMS DUTY
SHORT LEVY OF DUTY: EXTENT OF IMPORTERS OBLIGATION TO PROVIDE EVIDENCE OF VALUE: RESULT OF UNDERVALUATION: TIME WITHIN WHICH DEMAND CAN BE MADE
Key Legislation
CUSTOMS ACT 1901, s. 165
After careful consideration of this matter, and perusal of the several opinions and the representations of the Acting Comptroller-General, I have come to a conclusion which is in general agreement with that of Mr Castle (1)
.
The scheme of the Act is that the Department determines the valuation, assesses the duty, and levies the duty.
Opinion Number. 849
Subject
| Date
CRIMINAL LAW
PROSECUTION FOR FORGERY: PRACTICE OF PROCEEDING WITH SMALL NUMBER OF SELECTED CHARGES: WHETHER ABANDONMENT OF CHARGES WOULD PREJUDICE RIGHT OF CIVIL RECOVERY
Key Legislation
The Prime Minister has asked for a report in connection with the observations in the second Progress Report of the Royal Commission on Navy and Defence Administration as to the action of this Department in not proceeding with further prosecutions against ex-Lieut. A.B.
Opinion Number. 850
Subject
| Date
PROHIBITED IMMIGRANT
EXEMPTION FROM PROHIBITION GIVEN TO MEMBERS OF CREW OF PUBLIC VESSEL: WHETHER DESERTER REMAINS MEMBER OF CREW: ARREST OF DESERTER AND RETURN TO VESSEL
Key Legislation
IMMIGRATION ACT 1901-1912, s. 3(j)
The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:
With reference to the exemption provided for in section 3, paragraph (j), of the Immigration Act 1901-1912, I shall be glad to be advised whether a member of the crew of a foreign warship who deserts while his vessel is in port in Australia, may be regarded as having ceased to be a member of the crew and as having thereby forfeited the benefit of the exemption referred to.
The exemption in question is as follows:
Opinion Number. 851
Subject
| Date
NATURALIZA TION: ENEMY ALIENS
REVOCATION OF CERTIFICATE OF NATURALIZATION: EFFECT ON NATIONALITY: WHETHER PERSONS OF ENEMY ORIGIN WHOSE CERTIFICATES ARE REVOKED CAN BE TREATED AS ENEMY ALIENS
Key Legislation
NATURALIZATION ACT 1903, s.ll
The Secretary, Department of Defence, has forwarded for advice the following memorandum:
As it is probable that recommendations for the cancellation of the naturalization of a number of persons of enemy origin will be made by this Department, I am directed to ask your advice as to the nationality of such persons after their naturalization is cancelled.
Section 11 of the Naturalization Act 1903-1917 provides that if a certificate is revoked it shall 'be and be taken to have been of no effect'.
Opinion Number. 852
Subject
| Date
COURTS-MARTIAL
DISMISSAL FROM HIS MAJESTY'S SERVICE: WHETHER SENTENCE OPERATES ON ENGAGEMENT IN PERMANENT FORCES AS WELL AS ON COMMISSION IN AUSTRALIAN IMPERIAL FORCE: WHETHER PAY FORFEITED CAN BE REMITTED: RETROSPECTIVE OPERATION OF PROVISION AUTHORISING REMITTAL
Key Legislation
DEFENCE ACT 1903, s. 119: ARMY ACT (IMP.)
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
Opinion Number. 853
Subject
| Date
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER COMMONWEALTH IS SUBJECT TO MUNICIPAL RATES: CHARGES FOR SERVICES RENDERED: LIABILITY OF OWNERS AND OCCUPIERS
Key Legislation
COUNTRY TOWNS WATER AND SEWERAGE ACT 1880 (N.S.W.), ss. 40, 87: LOCAL GOVERNMENT ACT 1906, (N.S.W.), ss. 144, 153
Referring to your memorandum of 18 March last(1), I have to inform you that the Municipal Council is under no liability to supply water, sewerage, lighting and similar services to the Commonwealth, in respect of property vested in the Commonwealth, for which no rates are paid.
Opinion Number. 854
Subject
| Date
DEBTS OWING BY COMMONWEALTH
WHETHER SIGNATURE OF HOLDER OF STANDING AUTHORITY TO RECEIVE PAYMENT AMOUNTS TO VALID ACQUITTANCE OF DEBT WHERE ISSUER'S ENTITLEMENT IS LIMITED TO BEING AGENT OF CREDITOR OF COMMONWEALTH
Key Legislation
TREASURY REGULATIONS, reg. 97
The Director of the Naval and Military Branch of the Audit Office asks for an opinion on the following matter:
Mrs A.B. gave an order on Treasury Form 24 to pay the sum of £13 5s to Captain C.D.E. who had issued a standing order in favour of F.G.H. to receive all sums due by the Commonwealth to Captain E.
Opinion Number. 855
Subject
| Date
REPATRIATION
WHETHER QUESTIONS REQUIRING DETERMINA TION BY STATE REP A TRIA TION BOARDS CAN BE REMITTED TO COMMITTEES OF BOARD MEMBERS FOR FINAL DETERMINATION
Key Legislation
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917: AUSTRALIAN SOLDIERS-REPATRIATION REGULATIONS 1918
The following notice of motion to be submitted to the State Board of Victoria, has been forwarded to me for advice:
That the decisions in Committee on cases brought before the Board be considered as final, pending the signature of the Chairman of the Board, and the Chairman having ruled that this motion would be illegal, and of no effect if carried, this Board requests an expression of opinion be secured from the Minister on this point.
The notice of motion which the Chairman of the Board declared to be illegal was: