Legal Opinions

Opinion Number. 696

Subject

PUBLIC HOLIDAYS
WHETHER COMMONWEALTH HAS POWER TO DECLARE GENERAL PUBLIC HOLIDAY: POWER TO DECLARE HOLIDAYS IN PUBLIC SERVICE AND BANKING

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 51 (xiii): COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 72

Advice is asked as to what Commonwealth powers are in respect to declaring any particular day a holiday for the Commonwealth and also what the effect of such declaration would be on say banking and other private businesses.

Under section 72 of the Commonwealth Public Service Act, the Governor-General has power to proclaim any specified day to be kept as a holiday in the public offices of the Commonwealth.

Opinion Number. 697

Subject

COMMONWEALTH'S POWERS OF INQUIRY: INTER-STATE COMMISSION
POWERS OF INTER-STATE COMMISSION TO INQUIRE INTO WAR PROFITS AND COMMODITY PRICES

AuthorMAHON Hugh | Date
Key Legislation

CONSTITUTION, ss. 51 (ii), (vi), 101

The Prime Minister asks to be advised as to the powers of the Inter-State Commission in respect to inquiries which it has been asked to make as to war profits, and prices of commodities.

This request for advice arises out of a memorandum by the Commission, in which they express the view that the decision of the Privy Council in the case of Attorney-General for the Commonwealth v. Colonial Sugar Refining Co. Ltd 17 C.L.R. 644 leads to the conclusion that these subjects are, for the most part, outside the scope of the Commission's power to compel disclosure.

Opinion Number. 698

Subject

INCONSISTENCY
WHETHER FRIENDLY SOCIETY RULES MAKING BONDS VESTED IN SOCIETY NON-TRANSFERABLE CAN APPLY TO COMMONWEALTH TREASURY BONDS

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH INSCRIBED STOCK ACT 1911, Part VA; s. 51C: TREASURY BILLS ACT 1914, s. 5: FRIENDLY SOCIETIES ACT 1913 (QLD), s. 20

The following extracts from the rules prescribed by section 20 of the Friendly Societies Act 1913 (Queensland) for the regulation of business proceedings and property of Friendly Societies have been submitted to me:

Opinion Number. 699

Subject

COURTS-MARTIAL: NAVAL FORCES OF COMMONWEALTH
CONVENING OF COURTS-MARTIAL FOR TRIAL OF MEMBERS OF ROYAL NAVY ACTING WITH ROYAL AUSTRALIAN NAVY: WHETHER PROPER FOR ADMIRALTY TO CONFER AUTHORITY DIRECT ON NAVAL BOARD: ADVISABILITY OF COMMONWEALTH BODY HOLDING AUTHORITY DIRECT FROM IMPERIAL GOVERNMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVAL DISCIPLINE ACT (IMP.)

The Admiralty has recently issued a commission authorising the Rear-Admiral Commanding H.M. Australian Fleet to convene courts-martial for the trial of offences under the Naval Discipline Act committed by officers and men of the Royal Navy when the Royal Navy and the Royal Australian Navy are acting together.

Opinion Number. 700

Subject

NATURALIZATION
POWER TO CHARGE FOR SEARCHING NATURALIZATION RECORDS AND MAKING COPIES OF CERTIFICATES: POWER TO PRESCRIBE FEES: POWER TO CHARGE FOR COPYING STATE RECORDS IN CUSTODY OF COMMONWEALTH

AuthorGARRAN Robert Randolph | Date
Key Legislation

NATURALIZATION ACT 1903, s. 14

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

In connection with the Naturalization Act, a Regulation will be submitted for Executive approval this week to make a charge for searches and duplicate copies of certificates of naturalization issued by the Commonwealth. In this connection, I shall be glad if you will advise me whether a similar charge could be made for State records which are in the custody of this Department.

Opinion Number. 701

Subject

PUBLIC SERVICE
BOARDS OF INQUIRY APPOINTED TO INVESTIGATE OFFENCES: WHETHER BOARDS CAN BE CONSTITUTED OTHERWISE THAN IN ACCORDANCE WITH ACT: CONSTITUTION OF BOARDS OF INQUIRY

AuthorGARRAN Robert Randolph | Date
Key Legislation

PUBLIC SER VICE 701 BOARDS OF INQUIRY APPOINTED TO INVESTIGATE OFFENCES: WHETHER BOARDS CAN BE CONSTITUTED OTHERWISE THAN IN ACCORDANCE WITH ACT: CONSTITUTION OF BOARDS OF INQUIRY

I am in receipt of your letter (undated) re Boards of Inquiry on suspended officers asking for my opinion as to whether it is permissible for an inquiry to be constituted other than provided in Public Service Act. As for instance a board where special technical knowledge could be represented and composed of members other than of the Public Service. If so to what extent or in what way could such be secured.

Opinion Number. 702

Subject

PROHIBITED IMPORTS: TRADING WITH THE ENEMY
PROHIBITION AGAINST IMPORTATION OF GOODS MADE BY COMPANY GAZETTED AS ENEMY COMPANY: APPLICATION TO GOODS MADE BY SUCH COMPANY IN FRIENDLY COUNTRY: EFFECT OF SUCH COMPANY BEING CONTROLLED BY FRIENDLY GOVERNMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Comptroller-General forwards the following memorandum for advice:

In regard to the prohibition of the importation of Bosch magnetos, on account of the gazettal of the Bosch Magneto Company Ltd as an enemy company I shall be glad to be favoured with advice on the following points:

Opinion Number. 703

Subject

ENEMY ALIENS
STATUS OF AUSTRIAN SUBJECT IN AUSTRALIA GRANTED PROVISIONAL PROTECTION AS POTENTIAL SUBJECT BY RUSSIAN CONSUL: WHETHER COMMONWEALTH PRECLUDED FROM TREATING AS ENEMY ALIEN

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Consul-General for Russia has issued to A.B,, Dalmatian, an Austrian subject, at present in Australia, a 'provisional certificate', certifying that B. has applied for Russian naturalization, and is declared to have been provisionally taken under protection of the Russian Consulate in Melbourne, and requesting the civil and military authorities of the Federal Government and the Government of Victoria to exempt B. from the restrictions imposed upon alien enemies, short of permitting him to leave the State.

Opinion Number. 704

Subject

COMMONWEALTH BANK: EGYPT
WHETHER BRANCH OF COMMONWEALTH BANK CAN BE ESTABLISHED IN EGYPT: DISTINCTION BETWEEN ESTABLISHMENT OF GENERAL BANKING BRANCH AND SAVINGS BANK BRANCH: STATUS OF EGYPT

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH BANK ACT 1911. ss. 23, 35 (2)

The Secretary to the Treasury desires an opinion on the following matter submitted by the Governor of the Commonwealth Bank of Australia:

I have the honour to request that you will be good enough to obtain the opinion of the Attorney-General as to whether a branch of the Commonwealth Bank of Australia could be opened in Egypt, in terms of the Commowealth Bank Act 1911-1914, for the conduct of both general banking and Savings Bank business.

Opinion Number. 705

Subject

ROYAL ARMS
USE OF WORD ROYAL BY TRADESMEN AUTHORISED TO USE ROYAL ARMS

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Comptroller-General of Customs has forwarded, for advice, the following memorandum:

The lists of persons authorised to use the Royal Arms, published in the London Gazette of 1.1.15, are prefixed by a note that holders of warrants of appointment are not authorised to use the word 'Royal'.