REPATRIATION
POWERS OF STATE REPATRIATION BOARDS OVER FUND RAISING FOR WAR PURPOSES: EXTENT TO WHICH EXCLUSIVE RIGHTS CAN BE GRANTED: EFFECT OF PERMITTING ONLY ONE PERSON TO RAISE MONEY IN PARTICULAR MANNER
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917-1918, s. 21
The Comptroller of the Department of Repatriation has forwarded, for advice, the following memorandum:
In July 1918 the State Repatriation Board, Victoria, granted Mrs A.. Hon. Organiser, Newspaper Depot, Australian Comforts Funds, Melbourne, the sole right of sale of old newspapers throughout Victoria, and the sole right of sale of waste paper in the City of Melbourne.
DEFENCE FORCES
PROSECUTION FOR FAILURE TO PERFORM COMPULSORY TRAINING: WHETHER COURT MAY ENTERTAIN EVIDENCE OF FITNESS FROM PRIVATE MEDICAL PRACTITIONER CONTRARY TO OPINION OF PRESCRIBED MEDICAL AUTHORITY
DEFENCE ACT 1903, ss. 125, 135, 138 (I) (a): AUSTRALIAN MILITARY REGULATIONS 1916, reg. 371
The Secretary, Department of Defence, has asked for advice as to whether, in a prosecution of a trainee for failure, without lawful excuse, to attend a compulsory drill, the opinion of a private medical practitioner which is contrary to that of the Area Medical Officer as to the fitness or unfitness of the trainee for training, may be accepted by the court in arriving at a decision.
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER COMMONWEALTH IS LIABLE TO PAY FOR SANITARY SERVICES AND WATER SUPPLIED TO COMMONWEALTH PROPERTY: CHARGES FOR SERVICES RENDERED DISTINGUISHED FROM TAXES ON PROPERTY
CONSTITUTION. s.U4
The Secretary to the Prime Minister's Department has requested advice as to whether the Commonwealth is liable to pay charges for sanitary service and water provided by the Melbourne Metropolitan Board of Works at the Shipbuilding Yards at Williamstown.
DEFENCE FORCES
TIME WHEN ACTIVE SERVICE COMMENCES FOR OFFICERS OF AUSTRALIAN IMPERIAL FORCE: RED CROSS PERSONNEL HOLDING HONORARY COMMISSIONS
DEFENCE ACT 1903, s. 4: INCOME TAX ASSESSMENT ACT 1915, s. 13: DEFENCE ACT 1917, s. 2: ARMY ACT (IMP.), s. 189 (1)
The Secretary, Department of Defence, has forwarded for advice a memorandum by the Adjutant-General on the question, submitted by the Commissioner of Taxation, whether persons serving with the Red Cross and holding honorary rank have been deemed to be on active service only since the passing of the amending Defence Act of 1917.
The Adjutant-General assumed that the persons described had been granted honorary commissions, with rank relative to their status in the Red Cross Society, in the Australian Imperial Force, that is, that they were officers of the Australian Imperial Force.
ELECTORAL ENROLMENT
PLACE OF LIVING OF PERSON WHO LIVES FOR CERTAIN PERIODS OF EACH WEEK IN DIFFERENT ELECTORAL DIVISIONS
COMMONWEALTH ELECTORAL ACT 1902, ss. 56, 57
The following minute has been submitted to me for advice:
The position in this case is that Miss A. has been transferred, by the Education Department, for an indefinite period, to Oakbank in the Division of Angas, and lives at that place during five days of each week. She apparently returns to her parents' residence at Alberton, in the Division of Hindmarsh, each weekend.
MUTINY
WHETHER ACTION OF SOLDIERS IN BREAKING OUT OF MILITARY CAMP SET UP FOR QUARANTINE PURPOSES CONSTITUTES MUTINY
ARMY ACT (IMP.), s. 7: ARTICLES OF WAR (U.S.A.), Art.23
The Secretary, Department of Defence, has forwarded the following memorandum for advice as to whether the law as regards the matter is correctly set out:
The attached copy of a telegram from the Commandant, 5th Military District, is referred for the Minister's information.
REPATRIATION
ELIGIBILITY FOR REPATRIATION BENEFITS OF VARIOUS CLASSES OF NAVAL PERSONNEL- LIABILITY TO BE EMPLOYED ON ACTIVE SERVICE OUTSIDE AUSTRALIA DISTINGUISHED FROM ACTUAL ENLISTMENT FOR SUCH SERVICE
DEFENCE ACT 1903, Part XII: NAVAL DEFENCE ACT 1910, ss. 19, 33: AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, s. 4 (2) (a)
The Comptroller of the Department of Repatriation has forwarded, for advice, the following memorandum:
Advice is desired as to eligibility under the Australian Soldiers' Repatriation Act 1917-1918 of naval ratings in view of the varying conditions of service attached to the classes into which the Naval Forces are divided.
COMMONWEALTH IMMUNITY FROM STATE LAWS: COMMONWEALTH BANK
WHETHER COMMONWEALTH BANK IS SUBJECT TO STATE LAWS REGARDING UNCLAIMED BALANCES IN CURRENT ACCOUNTS: GENERAL BANKING BUSINESS DISTINGUISHED FROM SAVINGS BANK BUSINESS: POWER OF STATES TO LEGISLATE WITH RESPECT TO BANKING: WHETHER COMMONWEALTH HAS POWER, BY REGULATION, TO EXEMPT COMMONWEALTH BANK FROM STATE REQUIREMENTS
CONSTITUTION, s. 51 (xiii): COMMONWEALTH BANK ACT 1911, s. 51
The following memorandum has been forwarded to me with a request for advice:
The following copy of a letter received from the Governor, Commonwealth Bank, Sydney, under date the 19th instant, is forwarded for your consideration. I shall be glad to receive advice in the matter, as soon as possible:
COMMONWEALTH IMMUNITY FROM STATE LAWS: COMMONWEALTH BANK
WHETHER COMMONWEALTH BANK IS LIABLE TO PAY STATE STAMP DUTY ON LEASE OF PREMISES TAKEN FOR BANK PURPOSES
STAMP ACT 1886 (S.A.)
The following memorandum has been submitted with the request for advice:
The following copy of a letter received from the Deputy Governor, Commonwealth Bank of Australia, Sydney, under date the 1st instant, is forwarded for favour of an opinion:
We have to request that you will be good enough to obtain an opinion in respect of the following point, from the Solicitor-General for the Commonwealth.
REPATRIATION
WHETHER REPRESENTATIVES OF Y.M.C.A. ACCEPTED FOR SERVICE WITH AUSTRALIAN IMPERIAL FORCE ARE ELIGIBLE FOR REPATRIATION BENEFITS: APPOINTMENT AS OFFICERS WITH HONORARY RANK
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, ss. 4(2) (a), 22
The Comptroller of the Department of Repatriation has forwarded for advice the following memorandum:
Advice is requested by the Secretary of the National Committee of the Young Men's Christian Association of Australia as to whether returned representatives of the Association who were accepted by the Minister of Defence for service with the A.I.F. abroad are eligible for assistance by this Department.