WAR SERVICE HOMES
ELIGIBILITY OF WIDOWED MOTHER OF DECEASED SOLDIER DEPENDENT ON SOLDIER BEFORE ENLISTMENT: WHETHER DEPENDENCY MAY BE PARTIAL
WAR SERVICE HOMES ELIGIBILITY OF WIDOWED MOTHER OF DECEASED SOLDIER DEPENDENT ON SOLDIER BEFORE ENLISTMENT: WHETHER DEPENDENCY MAY BE PARTIAL
The War Service Homes Commissioner has forwarded for advice the following memorandum:
The definition of eligible person under the above Act includes the female dependant of an Australian soldier.
'Female dependant' includes in the case of a deceased Australian soldier who was not married, his mother, provided that she is a widow and was prior to the enlistment of the soldier dependent on him.
CUSTOMS
WHETHER CUSTOMS CAN PREVENT TRANS-SHIPMENT AT COMMONWEALTH PORTS OF GOODS EMANATING FROM EX-ENEMY COUNTRIES
CUSTOMS WHETHER CUSTOMS CAN PREVENT TRANS-SHIPMENT AT COMMONWEALTH PORTS OF GOODS EMANATING FROM EX-ENEMY COUNTRIES
The Comptroller-General of Customs has requested advice as to whether there is sufficient authority under the Customs Act 1901-1916 to prevent the trans-shipment at Commonwealth ports of goods emanating from ex-enemy countries.
There appears to be no express provision in the Customs Act 1901-1916 giving power to prohibit the trans-shipment of goods.
PATENTS
WHETHER REFUSAL BY PATENT ATTORNEY TO ANSWER QUESTIONS ASKED BY COMMISSIONER CONSTITUTES OFFENCE: WHETHER ATTORNEY IS LAWFULLY REQUIRED TO ANSWER WHERE ANSWER WOULD TEND TO CRIMINATE HIM
PATENTS ACT 1903, ss. 14. 15, 16, 54, 112: PATENTS REGULATIONS 1912. reg. 153
The Deputy Commissioner of Patents has forwarded the following memorandum asking for advice:
Application No. 6067 for a patent was lodged at the Patent Office on 17 December 1917, and accompanied by an incomplete form of application. In this form the seal of the applicant company is affixed.
NAVIGATION AND SHIPPING
WHETHER RIVER AND BAY SHIPS ARE REQUIRED TO CARRY GREASERS: DISCREPANCY BETWEEN SECTION OF ACT AND SCHEDULE
ACTS INTERPRETATION ACT 1901, s. 13: NAVIGATION ACT 1912, ss. 6, 14, 43; Schedules I, II
The Comptroller-General of Customs has forwarded for advice the following memorandum:
Objection has been taken by one of the principal owners of river and bay ships-the Sydney Ferries Ltd-to the requirements of Schedule I of the Navigation Act in respect of greasers to be carried on such vessels, the ground of the objection being that, in view of the conditions under which their boats operate, greasers are quite unnecessary. The requirement in question is set out in Schedule I of the Act-scale of engine-room officers and greasers.
NAVIGATI0N AND SHIPPING
TIME WHEN ENGAGEMENT OF SHIP IN COASTING TRADE COMMENCES AND TERMINATES
NAVIGATION ACT 1912, s. 7
The Acting Comptroller-General of Customs has forwarded for advice the following memorandum:
SEDITION: WAR PRECAUTIONS
WHETHER PROSECUTION LIES AGAINST CERTAIN NEWSPAPERS FOR ALLEGED SEDITIOUS ARTICLES: WHETHER PROSECUTION FOR SEDITIOUS LIBEL LIES UNDER COMMONWEALTH LAW: COMMON LAW OF COMMONWEALTH
WAR PRECAUTIONS REGULATIONS, regs 27A, 28 (1) (a)
The Prime Minister's Department has forwarded, for advice as to whether proceedings can be taken under Commonwealth law, certain newspapers which have been brought under notice as containing disloyal and seditious statements.
They are:
ELECTORAL OFFENCES
MATERIAL LIKELY TO MISLEAD ELECTOR IN RELATION TO CASTING HIS VOTE DISTINGUISHED FROM STATEMENTS AFFECTING ELECTOR S JUDGMENT IN DECIDING FOR WHOM TO VOTE: WHETHER INJUNCTION TO RESTRAIN FALSE AND DEFAMATORY STATEMENTS IN RELATION TO PERSONAL CHARACTER OF CANDIDATE SHOULD BE SOUGHT BY COMMONWEALTH OR BY PERSON AGGRIEVED
CRIMES ACT 1914, s. 13 (b): COMMONWEALTH ELECTORAL ACT 1918, ss. 161 (a), (e), 181
The Chief Electoral Officer has fowarded for consideration a copy of a letter from Mr T. J. Ryan, to Mr R. Ainge-Johnson, compiler and publisher on behalf of the National Campaign Council, respecting a publication entitled 'Nationalist Speaker's Handbook No.2', purporting to deal with The Facts v. Mr Ryan's Claims. Mr. Ryan's letter is as follows:
A publication entitled 'Nationalist Speaker's Handbook No. 2\ purporting to deal with The Facts v. Mr Ryan's Claims has been brought under my notice.
ELECTORAL OFFENCES
WHETHER CERTAIN REPRESENTATION OF BALLOT-PAPER IS LIKELY TO MISLEAD ELECTOR
COMMONWEALTH ELECTORAL ACT 1918, s. 161 (d)
The Chief Electoral Officer forwards a card representing a ballot-paper, authorised by A.B.C, and printed at the Daily Herald Office, Adelaide, containing directions to electors as to the method of recording their votes, and concluding with the following paragraph:
Place the figure, 1, 2 and 3, in the squares opposite names of Labor Candidates, in the order of your choice. Then number other candidates as indicated or your paper will be thrown out.
He asks for advice as to whether section 161 of the Commonwealth Electoral Act has been contravened.
WAR SERVICE HOMES
WHETHER LOAN IS AVAILABLE TO DISCHARGE MORTGAGE ON TWO SEMI-DETACHED COTTAGES: WHETHER PAIR OF SEMI-DETACHED COTTAGES CAN BE REGARDED AS ONE DWELLING-HOUSE
WAR SERVICE HOMES ACT 1918, ss. 4, 20 (I) (f), 23
The War Service Homes Commissioner has forwarded the file relating to an application for an advance to discharge a mortgage on two semi-detached cottages and has requested advice as to whether such an advance may be made under the War Service Homes Act 1918-1919.
It appears from the file that the land and cottages are valued at £1070 and that the applicant has paid £500 and desires an advance of £575 to free the land.
It also appears that the applicant occupies one cottage and desires to let the other.
PREFERENCE TO ONE STATE OVER ANOTHER STATE
ORDER BY GOVERNOR-GENERAL EXEMPTING VESSELS CALLING AT SPECIFIED PORTS IN COMMONWEALTH FROM COASTING TRADE PROVISIONS OF NAVIGATION LEGISLATION: WHETHER EXEMPTION AMOUNTS TO PREFERENCE: WHETHER ORDER IS LAW OR REGULATION OF TRADE, COMMERCE OR REVENUE
CONSTITUTION, s. 99: NAVIGATION ACT 1912, ss. 2 (2), 7, 286
The following memorandum has been forwarded to me with a request for advice:
A question has arisen as to whether under certain provisions of the Navigation Act unlicensed ships may, in the interests of certain of the more isolated portions of the Commonwealth, be permitted to engage in the coasting trade.