Legal Opinions

The question has been referred by the Secretary to the Department of Defence for advice on the points raised in a memorandum dated 31 July 1918 of the British Administrator of the Colony of German New Guinea, with reference to certain hospital and postal goods which had been consigned to the German Government at Rabaul, and had, prior to the outbreak of war, been landed at Hong Kong, ex steamships G&ttingen and Yorck for trans-shipment to Rabaul. These goods were seized on land, and sold under an order of the Prize Court at Hong Kong. The Administrator claims-

The question is referred by the Secretary to the Treasury. Mr A. has completed twenty-one years' service and is retiring, and has applied for the six months' pay in lieu of furlough under the Commonwealth Public Service Act 1902, section 71.

The Comptroller, Department of Repatriation:

The question has been referred by the Comptroller of the Department of Repatriation for advice as to what, if any, power the Repatriation Department possesses to take control of children of deceased or incapacitated members of the Australian Imperial Force. In the ?le submitted there are various suggestions, including the establishment of a soldiers' children's hostel, and the boarding out of children with their mothers or others under the supervision of Commonwealth inspectors.

An opinion is sought as to the right of a Member of the Legislative Council of New South Wales to retain his seat under the following arrangement. The Member is an employee of a company. He is to do work for the Commonwealth. The Commonwealth will pay the company the amount of his salary during the holding of his position. The company will continue his salary during the time.

The answer to this question depends, I think, on the proper construction of the Constitution Act 1902 (N.S.W.), section 16, the material part of which reads:

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

I request advice on the following subject: Administration is in possession of, and occupying many bungalows and buildings, the property of the late German Administration, also buildings owned by private individuals and firms. For some of the latter rents have been agreed to and leases arranged, others are still the subject of negotiation which may not be concluded before the end of the war.

The Secretary, Department of Defence:

Referring to your instructions, contained in the attached ?le, that a Bill be drafted giving your Department power to remove after the expiration of a lease buildings erected on leased land, I desire to inform you that, upon careful consideration, I am of opinion that such a provision would be of very doubtful validity.

The following telegram from the Administrator of the Northern Territory has been referred by the Secretary of the Home and Territories Department for advice:

The question has been referred by the Secretary to the Department of Defence for advice as to what action, if any, should be taken with reference to marriages of members of the Australian Imperial Force abroad.

The general position is that marriages are registered in the countries in which they take place and in no other country. It is one incident of emigration that the difficulty and expense of proof of such matters is enhanced; and where emigration has been from individual choice this has not been made a matter of public concern.

The following question has been referred by the Secretary to the Department of Defence for advice:

The Australian Army Pay Corps is a Militia unit, the members of which are at present compulsorily mobilised for war service under the provisions of sections 46 and 47 of the Defence Act.

The question has now been raised whether these men are liable to be retained and compelled to remain on war service after the declaration of peace in view of the wording of section 47 of the Act. Sections 46 and 47 of the Defence Act 1903-1918 are as follows:

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