COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER PROPERTY VESTED IN MINISTER FOR REPATRIATION IS SUBJECT TO MUNICIPAL RATES
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, s. 5: AUSTRALIAN SOLDIERS' REPATRIATION ACT 1918, s. 3
The Comptroller, Department of Repatriation, has asked for advice as to whether land vested in the Minister for Repatriation is liable to municipal rates.
Under the Australian Soldiers' Repatriation Act as proposed to be amended by the Bill at present before Parliament(1) the Minister is a corporation sole for the purposes of the Act, and in carrying out such purposes is an instrumentality of the Commonwealth.
WAR PRECAUTIONS: PRICE FIXING
MATTERS TO BE CONSIDERED BY PRICES COMMISSIONERS IN MAKING RECOMMENDATIONS FOR FIXING PRICES: WHETHER LIMITED BY CONSTITUTION-PRESUMPTION THAT COMMISSIONERS ACT REASONABLY
CONSTITUTION, s. 51 (vi): WAR PRECAUTIONS ACT 1914, s. 4 (IA): WAR PRECAUTIONS (PRICES) REGULATIONS 1916, reg. 13
The Minister in Charge of Price Fixing (Hon. W. Massy Greene) has forwarded for my consideration a file of papers relating to price fixing. The file includes certain returns and balance sheets of a company (in this opinion referred to as 'Company X') and a copy of the argument of Counsel in a case in which application was made to the Chief Prices Commissioner by Nestle's Condensed Milk Company for an increase in the maximum price fixed for some of the products of the Company.
PUBLIC SERVICE
PERMANENT HEAD OF DEPARTMENT ACTING IN CAPACITY OF CHIEF OFFICER: WHETHER POWERS OF PUNISHMENT ARE LIMITED TO THOSE OF CHIEF OFFICER
COMMONWEALTH PUBLIC SERVICE ACT 1902. ss. 13, 46: COMMONWEALTH PUBLIC SERVICE REGULATIONS 1913. regs 48. 270A
The following memorandum has been forwarded by the Acting Secretary to the Public Service Commissioner asking for advice:
COMMONWEALTH RAILWAYS
WHETHER PALMERSTON AND PINE CREEK RAILWAY IS UNDER CONTROL OF COMMONWEALTH RAILWAYS COMMISSIONER
NORTHERN TERRITORY ACCEPTANCE ACT 1910. s. 6 (2): Schedule: COMMONWEALTH RAILWAYS ACT 1917, s. 16
The conclusions arrived at in the opinion of His Honour the Judge of the Northern Territory are that the Palmerston to Pine Creek Railway does not come under the control of the Commonwealth Railways Commissioner appointed pursuant to the Commonwealth Railways Act 1917, but remains subject to the control of the Administrator of the Northern Territory.(1)
STATE OFFICERS TRANSFERRED TO COMMONWEALTH
WHETHER POWER TO DECIDE PENSION ENTITLEMENT IS RETAINED BY STATES OR HAS PASSED TO COMMONWEALTH: VESTING OF STATE GOVERNORS' POWERS IN GOVERNOR-GENERAL
CONSTITUTION, ss. 70, 84
The following minute has been submitted for advice as to whether the issue raised therein should be finally settled by the authorities of the Commonwealth or the State:
Mr A. joined the Western Australian service on 1 March 1896, and was at the date of transfer of the Postal Department to the Commonwealth employed as a labourer at 9s per day. His service was continuous from 1 March 1896 until the date of his retirement on 31 October 1917.
PUBLIC SERVICE
WHETHER PAY IN LIEU OF LEA VE MAY BE GRANTED TO RETIREE: WHETHER CORRECT INTERPRETATION OF REGULATION SHOULD YIELD TO INCORRECT INTERPRETATION PREVIOUSLY APPLIED IN ADMINISTRATIVE PRACTICE
COMMONWEALTH PUBLIC SERVICE REGULATIONS 1913, reg. 89A
Some little time ago an application was received from Mr D.C. McLachlan, late Public Service Commissioner, for the payment of two months' salary under the provisions of Commonwealth Public Service Regulation 89A. The matter was referred to the Crown Solicitor, who, however, advised that in strictness the provisions of regulation 89A were available only while the officer continued to be an officer.
Regulation 89A reads as follows:
PRICE FIXING
WHETHER VENDOR CAN MAKE ADDITIONAL CHARGE FOR WRAPPING WHERE PRICE OF BREAD IS FIXED AT DEFINITE RATE
WAR PRECAUTIONS (PRICES) REGULATIONS
The Solicitor-General advised on 1 February 1917, that where the price of bread has been fixed at a definite rate, the vendor cannot legally make an additional charge for wrapping the bread, and that where the price has been definitely fixed, such price includes everthing that is done in the ordinary course of business prior to actual delivery, e.g. wrapping.(1)
STATE OFFICERS TRANSFERRED TO COMMONWEALTH
METHOD OF CALCULATING PENSION: WEIGHT TO BE GIVEN IN ADMINISTRATION OF STATUTORY PROVISION TO LONG-STANDING INTERPRETATION CONSISTENTLY APPLIED IN ADMINISTRATIVE PRACTICE
CONSTITUTION, s. 84: CIVIL SERVICE ACT 1862 (VIC), s. 44
The following memorandum has been submitted to me for advice:
REPATRIA TION
STATE REPATRIATION BOARDS: EFFECT OF AMENDMENT REMOVING POWER TO SUE: DELEGATION OF MINISTERIAL POWERS TO BOARDS: BOARDS EXERCISING DELEGATED POWER TO SUE IN NAME OF MINISTER
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, ss. 5, 5A, 9 (2): AUSTRALIAN SOLDIERS' REPATRIATION ACT 1918, s. 7
The Comptroller, Department of Repatriation, has forwarded for advice the following memorandum:
By the Australian Soldiers' Repatriation Act 1918 section 9 of the Principal Act was amended by omitting from sub-section (2) thereof the words 'and may sue and be sued in its corporate name'. An opinion is requested-
DEFENCE FORCES
WHETHER COMMONWEALTH HAS POWER TO ENLIST VOLUNTEERS FOR SERVICE IN MILITIA UNITS FOR HOME DEFENCE
DEFENCE ACT 1903, ss. 33, 35, 38, 46, 47: AUSTRALIAN MILITARY REGULATIONS 1916, reg. 1309
The Secretary to the Department of Defence has forwarded for advice the following memorandum by the Adjutant-General:
With reference to the proposed scheme of voluntarily enlisting men for service in Militia units for home defence purposes I have considered the question as to whether any amendment to the Act is necessary and I am of opinion that sufficient power exists under the Act as it at present stands without any amendment.