DEFENCE FORCES: REGULATION-MAKING POWER
PROPOSED REGULATION EXEMPTING MINISTERS OF RELIGION FROM COMPULSORY TRAINING: WHETHER AUTHORISED BY ACT
DEFENCE ACT 1903, ss. 4, 138 (3): AUSTRALIAN MILITARY REGULATIONS 1916, reg. 788
The following minute has been submitted to me for advice:
Section 138 (3) of the Defence Act reads as follows:
Persons who are students at a Theological College as defined by the regulations, or theological students as prescribed, may, while they remain such students, on application be exempted by any prescribed authority from the prescribed training, but shall on ceasing to be such students undergo such equivalent training as prescribed, unless exempted by some provision of this Act.
REPATRIATION
ASSISTANCE TO WIDOWS AND WIDOWED MOTHERS OF DECEASED AUSTRALIAN SOLDIERS: POSITION WHERE SOLDIER DIES AFTER DISCHARGE
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, ss. 8 fd), 22
The Acting Comptroller, Department of Repatriation, has forwarded, for advice, the following memorandum:
The following question has been raised in regard to assistance to the widows of returned soldiers:
Where a soldier dies after his discharge is his widow eligible for assistance under the Act?
Section 8 of the Australian Soldiers' Repatriation Act 1917-1917 contains, interalia, the following provisions:
DEFENCE FORCES: INCONSISTENCY
WHETHER TRAINEES UNDER AGE OF SEVENTEEN CAN BE COMMITTED TO DETENTION IN QUEENSLAND FOR FAILURE TO PERFORM COMPULSORY TRAINING: INCONSISTENCY BETWEEN COMMONWEALTH LEGISLATION AND STATE LAW PROHIBITING IMPRISONMENT OF CHILDREN
CONSTITUTION, s. 109: DEFENCE ACT 1903, ss. 135 (I). (1A), (4), 135C: CHILDREN'S COURTS ACT 1907 (QLD), s. 6: STATE CHILDREN ACT 1911 (QLD), s. 24
The Secretary, Department of Defence:
The Secretary, Department of Defence, has forwarded, for advice, the following memorandum:
The following is a copy of a report received from the Commandant, lst Military District:
DEFENCE
WHETHER PARLIAMENT HAS POWER TO LEGISLATE FOR ENLISTMENT OF APPRENTICES, CONTRARY TO TERMS OF THEIR APPRENTICESHIPS
CONSTITUTION, s. 51 (vi)
The Commonwealth Parliament has, in my opinion, power to provide that apprentices may enlist in the Defence Forces notwithstanding the terms of the indentures under which they are serving. That is to say, Parliament may provide that when an apprentice has attested as a soldier, the master shall not be entitled to claim him.
Such legislation would, I think, be an exercise of the defence power. The matter is one which should, I think, be provided for by amendment of the Defence Act, and is not a proper subject to be dealt with by regulation.
[Vol. 15, p. 480]
NATVRALIZA TION: BRITISH SUBJECT
WHETHER ALIEN NATURALIZED UNDER IMPERIAL LEGISLATION IS BRITISH SUBJECT IN COMMONWEALTH
NATURALIZATION ACT 1903, ss. 5, 6: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP.), s.9(l)
The Secretary, Department of Home and Territories, forwards the following memorandum for advice:
The question has been raised as to whether an alien naturalized under the British Nationality and Status of Aliens Act 1914 could be held to be a British subject in the Commonwealth.
STATE OFFICERS TRANSFERRED TO COMMONWEALTH
WHETHER STATE OFFICER TRANSFERRED TO COMMONWEALTH IS ENTITLED TO RETIRING ALLOWANCE IN RESPECT OF PERIOD SERVED PRIOR TO BREAK IN CONTINUITY OF SERVICE: CRITERIA FOR EXERCISE OF STATUTORY DISCRETION BY STATE GOVERNORS: VESTING OF STATE GOVERNORS' POWERS IN GOVERNOR-GENERAL EFFECT OF STATE GOVERNMENT DECISIONS ON EXERCISE OF DISCRETION BY GOVERNOR-GENERAL
CONSTITUTION, ss. 70, 84: CIVIL SERVICE ACT 1874 (S.A.), ss. 15, 32, 34: CIVIL SERVICE AMENDMENT ACT 1881 (S.A.), s. 4: CIVIL SERVICE FURTHER AMENDMENT ACT 1890 (S.A.j, s. 3
The question has been referred by the Assistant Secretary to the Treasury for the opinion of the Attorney-General as to whether the Commonwealth is liable to pay any retiring allowance under section 84 of the Constitution in respect of the services of Mr A., a South Australian public officer taken over by the Commonwealth, from 1.1.1868 to 27.7.1873, i.e. in respect of a period prior to a break in the continuity of Mr A.'s State service.
PAPUA
LEASE OF LAND CONTAINING OPTION TO PURCHASE FREEHOLD: SUBSEQUENT LEGISLATION PROHIBITING GRANTS OF FREEHOLD: WHETHER CROWN GRANT SIGNED AND REGISTERED BUT NOT ISSUED BEFORE COMMENCEMENT OF PROHIBITION PASSES TITLE
PAPUA ACT 1905, s. 20: REAL PROPERTY ACT 1861 (QLD), ss. IS. 29. 33. 34, 44: REAL PROPERTY ORDINANCE 1889 (B.N.G.): LAND ORDINANCE 1899 (B.N.G.). ss. XIV, XVIII, XX, XXI. XXII
The question upon a file submitted has been referred by the Secretary to the Home and Territories Department, for advice as to the correctness of the view expressed by Mr Adrian Knox K.C. in an opinion, dated 18 June 1918, obtained by the solicitor for the Pacific and Papua Produce Ltd, a company claiming the issue of a certificate of title in fee simple to certain islands in the Conflict Group, as assignees of one H.A.
DEFENCE FORCES
LOSS OF PUBLIC MONEYS ENTRUSTED TO ARMY PAYING OFFICER STANDARD OF CARE REQUIRED OF IMPREST HOLDERS AND PAYING OFFICERS: WHETHER COMMONWEALTH CAN DEBIT ACCOUNT OF OFFICER FOUND LIABLE FOR LOSS BY COURT OF INQUIRY
DEFENCE ACT 1903, ss. 12, 54A. 55: ARMY ACT (IMP.), ss. 136, 137 (4): AUSTRALIAN MILITARY REGULATIONS 1916, regs 305. 490. 712, 713, 722, 726: KING'S REGULATIONS (IMP.), regs 112, 666, 908: RULES OF PROCEDURE 1907 (IMP.), rule 124(F): FIELD SERVICE REGULATIONS (IMP.), Part II, regs 127, 128
A case has been submitted by the Minister for Defence for the opinion of the Attorney-General upon a file referred, from which the following are the material facts:
PRICE FIXING: INCONSISTENCY
POWER OF COMMONWEALTH TO FIX PRICES INCONSISTENT WITH PRICES FIXED UNDER STATE LEGISLATION: EXTENT OF COMMONWEALTH POWER TO REPEAL PRICE-FIXING ORDERS MADE BY STATES
CONSTITUTION, s. 109: NECESSARY COMMODITIES CONTROL ACT 1914 (N.S.W.), s. 8: WAR PRECAUTIONS (PRICES) REGULATIONS 1916, regs 13,17
The Chief Prices Commissioner forwards the following case for advice :
Under section 8 of the Necessary Commodities Control Act 1914 (N.S.W.) published in New South Wales Gazette No. 127 of 17 July 1916, certain prices were fixed for Kerosene, Benzine, Heavy Benzine, Motor Spirit and Benzoline. Commonwealth Order No. 140, Gazette No. 74 of 1917, fixed the price of Kerosene and Benzine, and repealed the order under the Necessary Commodities Control Act (N.S.W.) already referred to.
GERMAN NEW GUINEA
LOSS OF MERCHANT VESSEL OFF COAST THROUGH ENEMY ACTION: WHETHER EXPENSES OF SEARCH CAN BE CHARGED AGAINST FUNDS OF BRITISH ADMINISTRATION: RIGHTS AND OBLIGATIONS INCIDENT TO MILITARY OCCUPATION
HAGUE CONVENTION (1907) (No. IV) CONCERNING THE LAWS AND CUSTOMS OF WAR ON LAND, Annexe, Section HI
The question has been referred by the Secretary to the Department of Defence as to whether the expenses incurred in the search for the S.S. Matunga are chargeable against the funds of the British Administration of German New Guinea.