DEFENCE FORCES
WHETHER ABSENCE FROM EMPLOYMENT OF OFFICER ENGAGED IN TRAINING SENIOR CADETS AMOUNTS TO ABSENCE FROM EMPLOYMENT FOR PURPOSES OF TRAINING
DEFENCE ACT 1903, ss. 62 (4), 134 {IA): DEFENCE ACT 1918, s. 7: AUSTRALIAN MILITARY REGULATIONS 1916, regs 1217, 1220
The Secretary to the Department of Defence has requested advice as to whether an officer who is absent from his employment for the purpose of training senior cadets but who is not himself liable, under Part XII of the Act, to undergo training can be said to be absent from his employment for the purposes of training within the meaning of section 134 (1A) of the Defence Act 1903-1918.
Section 134 (1 A) of the Act provides as follows:
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER COMMONWEALTH IS SUBJECT TO STATE STAMP DUTY ON BILLS OF LADING
The Secretary to the Commonwealth Flax Industry Committee has forwarded
for advice the following memorandum:
The Flax Committee recently shipped 10 tons of flax fibre and tow to Great Britain per S.S. Runic.
Dalgety & Co., the agents of the ship insisted on duty stamps being affixed to the bills of lading.
I argued that as the Commonwealth Government was specified in the bill of lading as the consignor no duty stamp was necessary, but the Company refused to issue the bills of lading unstamped.
WAR PRECAUTIONS: CLAIMS AGAINST COMMONWEALTH
REQUISITIONING OF RABBIT SKINS: WHETHER COMMONWEALTH IS LIABLE TO COMPENSATE OVERSEAS PURCHASER FOR LOSSES ON CONTRACT DUE TO REQUISITIONING: WHETHER LOCAL SUPPLIER CAN PLEAD IMPOSSIBILITY OF PERFORMANCE
WAR PRECAUTIONS ACT 1914, s.4(lA): WAR PRECAUTIONS (RABBIT SKINS) REGULATIONS 1917, regs 2, 4, 5, 9
The Chief Prices Commissioner has asked for advice upon the following matter:
In April 1917 Regulations called the War Precautions (Rabbit Skins) Regulations were made which provided (regulation 2) that: 'The trade in rabbit skins shall be carried on as under normal conditions subject to the provisions contained in these Regulations'.
Regulation 4 provided that:
DEFENCE FORCES: INCONSISTENCY
DECEASED ESTATES OF MEMBERS OF AUSTRALIAN FORCES: WHETHER COMMONWEALTH LEGISLATION PROVIDING FOR APPLICATION OF UNCLAIMED PROCEEDS OVERRIDES INCONSISTENT STATE LAW OF ESCHEAT
CONSTITUTION, ss. 51 (vi), 109: DECEASED SOLDIERS' ESTATES ACT 1918, ss. 7, 9
The following memorandum has been forwarded to me for advice:
I append hereto copy of a memorandum received by the District Paymaster, Brisbane, from the Public Curator, Brisbane, and would be glad of an expression of an opinion thereon as to whether the Deceased Soldiers' Estates Act 1918 overrides State escheat-
COMMONWEALTH BANK: COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER COMMONWEALTH BANK IS SUBJECT TO STATE WORKERS' COMPENSATION LEGISLATION
WORKERS' COMPENSATION ACT 1918 (TAS.)
The Governor of the Commonwealth Bank has submitted for advice the question as to whether the Workers' Compensation Act 1918 (Tasmania) applies to the Commonwealth Bank of Australia and its officers and employees.
NATURALIZATION
WHETHER SERVICE ON SHIP OWNED BY COMMONWEALTH AMOUNTS TO RESIDENCE IN COMMONWEALTH: WHETHER SUCH SHIP IS PART OF COMMONWEALTH FOR PURPOSES OF NATURALIZATION LEGISLATION
CONSTITUTION, covering cl.5: NATURALIZATION ACT 1903, s. 5
The Secretary to the Home and Territories Department has forwarded for advice the following memorandum:
I have to state that an application for naturalization has been received from an alien who is a seaman. He called at the Department with certain documents which showed as follows:
REPATRIATION: FINANCE
WHETHER FUNDS RAISED BY LOCAL COMMITTEES CONSTITUTE MONEYS RECEIVED BY EXECUTIVE GOVERNMENT OF COMMONWEALTH
CONSTITUTION, s. 81: AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, s. 12 (2): AUSTRALIAN SOLDIERS' REPATRIATION REGULATIONS 1918, reg.26 (a)
The Comptroller, Department of Repatriation, has forwarded, for advice as to whether the contention of the Department of the Treasury is correct, the following memorandum received from the latter Department:
I desire to draw your attention to clause 26 of the Regulations under the Australian Soldiers' Repatriation Act 1917, more particularly to sub-clause (a), which empowers a Local Committee to raise funds for disbursement at its discretion for the benefit of soldiers or their dependants.
SURPLUS REVENUE OF COMMONWEALTH
CIRCUMSTANCES IN WHICH MONEYS CAN BE WITHHELD FROM STATES: WHETHER NECESSARY FOR MONEYS TO BE PAID INTO TRUST ACCOUNT
CONSTITUTION, ss. 87, 94: SURPLUS REVENUE ACT 1908, ss. 4, 5: SURPLUS REVENUE ACT 1910, ss. 4, 5, 6
The following memorandum has been submitted to me for advice:
DEFENCE FORCES
PENALTIES FOR FAILURE TO PERFORM COMPULSORY TRAINING: WHETHER SENTENCE OF DETENTION IN DEFAULT OF PAYMENT OF FINE AND SENTENCE OF DETENTION IN ADDITION ARE CUMULATIVE OR CONCURRENT: PROCEDURE FOR ENSURING CUMULATIVENESS
DEFENCE ACT 1903, ss. 135 (4), 135A
The Secretary, Department of Defence, has forwarded, for advice, the following memorandum from the Commandant, 4th Military District:
In connection with cases of prosecution of trainees, for not rendering the personal service required by the Defence Act, cases have arisen in which the presiding Magistrate has awarded detention, together with a fine and costs, or in default of fine and costs, a further period of detention.
COMMONWEALTH BANK: COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER IMMUNITY OF COMMONWEALTH BANK FROM STATE GOLD-BUYING LICENSING LAWS EXTENDS TO PERSONS SELLING TO BANK
CONSTITUTION, s. 109
The Secretary to the Treasury forwards the following letter from the Governor of the Commonwealth Bank for advice:
Under date 23 May 1917, the Solicitor-General for the Commonwealth advised that in his opinion the Governor of the Commonwealth Bank need not take out a licence before entering into the business of gold-buying, and in accordance with that opinion we have been carrying on the business of gold-buying in Victoria and Western Australia without taking out a gold dealer's licence from the State.