The question has been referred by the Secretary of the Prime Minister's De-partment for advice as to the desirability of taking further action to secure the extradition of a German citizen, named A., the Captain of the motor schooner Rabaul, from Dutch New Guinea, to answer before the British courts in the Colony of German New Guinea two criminal charges, one of theft of the schooner at some date on or subsequent to 26 May 1917, and the other of sodomy alleged to have been committed with the native crew on the voyage between Rabaul and Lassul Bay about the same time.
Legal Opinions
Opinion Number. 907
Subject
| Date
EXTRADITION: GERMAN NEW GUINEA
WHETHER EXTRADITION LIES FROM DUTCH NEW GUINEA TO GERMAN NEW GUINEA UNDER EXTRADITION TREATIES BETWEEN GREAT BRITAIN AND NETHERLANDS: STATUS OF GERMAN NEW GUINEA UNDER BRITISH MILITARY OCCUPATION
Key Legislation
TREATY BETWEEN GREAT BRITAIN AND NETHERLANDS FOR MUTUAL SURRENDER OF FUGITIVE CRIMINALS (1898). Arts II. XVIII: TREATY BETWEEN GREAT BRITAIN AND NETHERLANDS RELATING TO EXTRADITION OF FUGITIVE CRIMINALS BETWEEN CERTAIN BRITISH PROTECTORATES AND NETHERLANDS (1914), Art.I
Opinion Number. 908
Subject
| Date
GERMAN NEW GUINEA
INTESTATE ESTATE OF GERMAN PLANTER DYING IN ACT OF BREAKING PAROLE: WHETHER SALE BY OCCUPYING ADMINISTRATION ACTING AS CURATOR OF INTESTATE ESTATES WOULD PASS TITLE: LEGALITY OF CONFISCATION FOR BREACH OF PAROLE
Key Legislation
The question has been referred for opinion as to whether there is any objection to the course recommended by the British Administrator of the Colony of German New Guinea set out in the following memorandum:
I beg to bring under your notice the following facts regarding the estate of A.B.C, late of Ablingi, New Britain, Planter, deceased.
One of the objects of my trip to Ablingi a few weeks ago was to inquire into and inspect the Ablingi Plantation which is indebted to this Administration for nearly £4,000.
Opinion Number. 909
Subject
| Date
COMMONWEALTH RAILWAYS
SALE OF LANDS NOT REQUIRED FOR RAILWAY PURPOSES: WHETHER COMMISSIONER'S POWER OF SALE IS LIMITED TO SALES MADE FOR PURPOSES OF ACT: SCHEME FOR DECREASE OF EXPENDITURE
Key Legislation
LANDS ACQUISITION ACT 1906: NORTHERN TERRITORY ACCEPTANCE ACT 1910, Schedule, Cl.(2)(b): COMMONWEALTH RAILWAYS ACT 1917, ss. 5(1), 16, 43. 63 (1),(2): NORTHERN TERRITORY SURRENDER ACT 1907 (S.A.)
The Department of Works and Railways asks for advice in relation to the matter referred to in the following memorandum received from the Crown Solicitor:
Executive approval has been obtained for the disposal of certain railway land at Port Augusta, South Australia, to the Waterside Workers Federation of Australia.
Opinion Number. 910
Subject
| Date
DEFENCE FORCES
SEPARATION ALLOWANCE: POWERS OF MINISTER IN REGARD TO ADJUSTMENT OF DEPENDANTS' ALLOTMENTS TO COVER REDUCTIONS IN ALLOWANCE: EXERCISE OF MINISTERIAL DISCRETIONS: RETROSPECTIVE OPERATION OF REGULATIONS: DELEGATION OF MINISTERIAL POWERS BY REGULATION
Key Legislation
DEFENCE ACT 1903, s. 124 (1) (da): DEFENCE ACT 1915, s.7(l)(a), (2): WAR FINANCIAL REGULATIONS, regs 31, 32(c), 76, 77
The Finance Secretary has forwarded for further consideration a file of papers relative to the adjustment of allotments in regard to Separation Allowance paid to the dependants of members of the Forces. The Crown Solicitor has advised upon certain phases in connection with this matter (Opinions Nos 72 and 138).
The memorandum setting out the points upon which advice is now desired is as follows:
Opinion Number. 911
Subject
| Date
PUBLIC SERVICE
WHETHER DESIGNATION OF OFFICE IN APPROPRIATION ACT HAS EFFECT OF CONFERRING TITLE NOT PROVIDED FOR BY PUBLIC SERVICE ACT: PURPOSE OF APPROPRIATION ACT IN RELATION TO PUBLIC SERVICE
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902: APPROPRIATION ACT 1918-19, s. 3
The Comptroller-General of Customs has asked for advice on the following memorandum from the Federal Analyst:
In the attached memo, dated 23rd ultimo from the Acting Secretary, Public Service Commissioner, it is stated that there is a 'Commonwealth Serum Laboratory' and also 'a Commonwealth Laboratory' in the Defence Department.
Opinion Number. 912
Subject
| Date
DEBTS OWING BY COMMONWEALTH
RECEIPT GIVEN BY PERSON AUTHORISED BY CREDITOR TO RECEIVE PAYMENT: WHETHER TREASURER IS DISCHARGED FROM LIABILITY TO CREDITOR WHERE RECEIPT CONSISTS OF PER PRO ENDORSEMENT OF CHEQUE: POSITION OF AUDITOR-GENERAL IN RELATION TO EVIDENCE OF AUTHORISATION
Key Legislation
AUDIT ACT 1901. s. 34 (6): BILLS OF EXCHANGE ACT 1909, s. 65: TREASURY REGULATIONS 1919, reg. 104
The following memorandum has been submitted to me for advice:
In connection with the new system of payment of accounts which it is hoped will be introduced on the 1st July next, provision is made that Paymasters shall pay all accounts by cheques crossed, made payable to order, and marked 'Not negotiable'. The amended Regulations provide:
The indorsement of the cheque will constitute the receipt for the payment of the account within the meaning of section 34 (6) of the Audit Act 1901-1917.(1)
Opinion Number. 913
Subject
| Date
BORROWING BY COMMONWEALTH
WHETHER TREASURER HAS POWER TO AUTHORISE PAYMENT FROM PUBLIC ACCOUNT WITHOUT APPROPRIATION: WHETHER ARRANGEMENT BY COMMONWEALTH FOR ADVANCE PAYABLE TO CREDITORS AMOUNTS TO PAYMENT FROM PUBLIC ACCOUNT
Key Legislation
CONSTITUTION, s. 83: AUDIT ACT 1901, ss. 31, 32, 33, 34
The Treasurer desires to know if I agree with an opinion expressed by Sir William Irvine when Attorney-General in 1913.
The case submitted for opinion and the opinion given by Sir William Irvine thereon are as follow.
The Treasurer forwards the following memorandum for advice:
The Departments have approached me for funds for payment of wages due on the 4th instant in accordance with decisions of Labour Boards and the State Arbitration Courts.
Opinion Number. 914
Subject
| Date
PUBLIC SERVICE
PAYMENT OF ALLOWANCES TO OFFICERS FOR ADDITIONAL WORK DURING WAR: WHETHER GOVERNOR-GENERAL IS REQUIRED TO INVITE REPORT FROM COMMISSIONER BEFORE APPROVING PAYMENT
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902, ss. 5,17, 78 (3): COMMONWEALTH PUBLIC SERVICE REGULATIONS 1913, reg.167
My advice has been asked as to the correctness of the contention contained in the following letter received by the Acting Prime Minister from the Acting Public Service Commissioner:
In the Commonwealth Gazette of 17 April 1919, notifications appear of the Governor-General having approved of payment of allowances to certain Permanent Heads and Chief Officers.
Section 78 (3) of the Public Service Act provides that:
Opinion Number. 915
Subject
| Date
BRITISH SUBJECT
NATIONALITY OF CLAIMANT FOR PENSION: PERSON BORN OF GERMAN PARENTS AT SEA ON SHIP OF UNIDENTIFIED NATIONALITY
Key Legislation
The Assistant Commissioner of Pensions has forwarded, for advice, the following memorandum:
I append copy of an inquiry which has been received as to the nationality of a claimant for an old-age pension:
Opinion Number. 916
Subject
| Date
FEDERAL JURISDICTION OF STATE COURTS
WHETHER COMMONWEALTH IS LIABLE TO PAY STATE COURT FEES WHEN INSTITUTING PROSECUTIONS FOR FEDERAL OFFENCES: PAYMENT OF FEES PART OF SUMMARY CONVICTION PROCEDURE: LEGAL CHARACTER OF FEES RECOVERED
Key Legislation
CONSTITUTION, s. 81: JUDICIARY ACT 1903, s. 68: MAGISTRATES SUMMARY PROCEDURE ACT [1855] (TAS.), ss. 31, 32, 33
The Secretary to the Treasury has asked for advice with regard to the question raised by the Crown Solicitor in his opinion of 25 October 1917, as to the validity under the Constitution of the procedure adopted with respect to the payment of costs in connection with prosecutions in Tasmania of offences against the Commonwealth Electoral Act and the Defence Act punishable summarily.