HOUSE OF REPRESENTATIVES ELECTIONS
VOTER'S METHOD OF INDICATING FIRST PREFERENCE ON BALLOT-PAPER WHERE NUMBER OF CANDIDATES IS TWO: CLEARNESS OF VOTER'S INTENTION
COMMONWEALTH ELECTORAL ACT 1918, s. 133 (I) (c), (2)
The following memorandum has been forwarded to me by the Chief Electoral Officer for advice:
It is understood that certain ballot-papers in the Ballarat election (two candidates) marked in the following manner:
[X]
HI
[1]
[X]
will be reserved by the Divisional Returning Officer in the re-count now in progress for the decision of the Commonwealth Electoral Officer (section 140 of the Act).
HOUSE OF REPRESENTATIVES ELECTIONS
VOTER'S METHOD OF INDICATING FIRST PREFERENCE ON BALLOT-PAPER WHERE THERE ARE MORE THAN TWO CANDIDATES: CLEARNESS OF VOTER'S INTENTION
COMMONWEALTH ELECTORAL ACT 1918, ss. 124, 133 (1) (c), (2)
The Chief Electoral Officer has forwarded the following memorandum for advice:
A question has arisen in the Corangamite election (three candidates) as to whether ballot-papers marked in the following manner, viz:
[X]
[2]
[3]
should be treated as informal in view of the provision contained in section 133 (2) of the Electoral Act.
GERMAN NEW GUINEA
WHETHER ADMINISTRATOR HAS POWER TO AUTHORISE PHYSICAL PUNISHMENT FOR OFFENCES COMMITTED BY NATIVES: POWERS AVAILABLE UNDER MILITARY OCCUPATION: USE OF PUNISHMENT PRESCRIBED FOR SOLDIERS ON ACTIVE SERVICE
ARMY ACT (IMP.), s. 44; RULES FOR FIELD PUNISHMENT
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
Prior to Australian military occupancy of the Territory of German New Guinea in 1914, German law permitted flogging of natives to be administered, not only by Government officials but also by white planters and missionaries.
In July 1915 the Administrator was instructed that in accordance with a ruling by the Minister for Defence, flogging of natives was not in future to be permitted. The Native Labour Ordinance was amended accordingly.
WAR PRECAUTIONS
ELECTION OF PERSONS OF ENEMY ORIGIN TO STATE MUNICIPAL BODIES: WHETHER COMMONWEALTH HAD POWER DURING WAR TO PREVENT ELECTION: WHETHER POWER CONTINUES AFTER PEACE
WAR PRECAUTIONS ACT 1914
The Prime Minister's Department has forwarded for advice papers relating to the candidature at the Culcairn Shire elections of two Australian-born persons of German parentage, Messrs A. and B., both of whom were interned by the Defence authorities during part of the war period on account of reports received of their disloyalty and pro-German influence.
PUBLIC SERVICE ARBITRA TION
WHETHER ACTION BY UNION LIES AGAINST POSTMASTER-GENERAL FOR BREACH OF AWARD OF COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION: WHETHER CROWN IS BOUND BY PENAL PROVISIONS OF CONCILIATION AND ARBITRATION LEGISLATION
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904, s.44: ARBITRATION (PUBLIC SERVICE) ACT 1911, ss. 2, 3. 4, 5, 6, 8
A summons has been issued out of the Metropolitan District Court, Sydney, on behalf of the Australian Postal Linemen's Union against the Postmaster-General in respect of a claim by the Union of £20 for a penalty arising out of an alleged breach by the Postmaster-General of an award of the Commonwealth Court of Conciliation and Arbitration in a plaint made in an industrial dispute between the Union and the Postmaster-General.
Service of the summons has been accepted on behalf of the Postmaster-General.
WAR SERVICE HOMES
WHETHER COMMISSIONER HAS POWER TO PROVIDE HOMES FOR ELIGIBLE PERSONS RESIDENT IN PAPUA: APPLICATION OF WAR SERVICE HOMES LEGISLATION TO PAPUA
PAPUA ACT 1905, s. 7: WAR SERVICE HOMES ACT 1918, ss. 19, 33, 35
The War Service Homes Commissioner has forwarded for advice the following memorandum:
An application has been received from a returned soldier in Papua requesting the Commissioner to erect a home for him in that locality. The opinion of the Attorney-General is desired as to whether the Commissioner has power under the above Act to provide homes for eligible applicants resident in Papua, and as to whether the condition of land tenure in that locality will permit the Commissioner to take the prescribed security for any assistance provided under the Act.
TRADE MARKS
WHETHER REGISTRAR HAS POWER TO AWARD COSTS AFTER TERMINATION OF PROCEEDING BEFORE HIM: TERMINATION OF OPPOSITION TO REGISTRATION
TRADE MARKS ACT 1905, ss. 38, 41, 47, 96
The Registrar of Trade Marks has forwarded for advice the following memorandum:
Section 96 of the Trade Marks Act 1905-1919 empowers the Registrar to 'award costs against any party to any proceeding before him'. The words 'before him' seem to direct that at the time an award in respect of costs is made the proceedings must be actually before the Registrar.
STATE OFFICERS TRANSFERRED TO COMMONWEALTH
WHETHER COMMONWEALTH IS LIABLE TO GRANT GRATUITY TO FORMER EMPLOYEE OF STATE DOCKYARD TAKEN OVER BY COMMONWEALTH: POSITION OF DEPARTMENT NOT NAMED IN CONSTITUTION
CONSTITUTION, ss. 69, 84: CIVIL SERVICE ACT 1884 (N.S.W.): PUBLIC SERVICE ACT 1895 (N.S.W.)
The Secretary, Department of Works and Railways, asks for advice as to whether an obligation rests on the Commonwealth to grant a gratuity to A.B., formerly employed at the Cockatoo Island Dockyard.
The facts of the case are set out in the following letter from the Premier of New South Wales:
I beg to inform you that Mr A.B., who was employed at Cockatoo Dock up to 30 November 1918, and has now retired, has applied for a gratuity.
NAVIGATION AND SHIPPING
WHETHER CERTAIN VESSELS REQUIRE TO BE LICENSED: APPLICATION OF NAVIGATION LEGISLATION TO SHIPS DEEMED TO BE ENGAGED IN COASTING TRADE
NAVIGATION ACT 1912, ss. 2 (1) (b), 6. 7, 286
The Comptroller-General of Customs has submitted for advice the question as to whether all or any of the following vessels require to be licensed under the Navigation Act:
NAVIGATION AND SHIPPING
WHETHER COMMONWEALTH HAS POWER TO REGULATE INTRA-STATE COASTAL SHIPPING: APPLICATION OF COASTING TRADE PROVISIONS OF NAVIGATION LEGISLATION TO SHIPS ENGAGED IN PURELY INTRA-STATE TRADE: PRESUMPTION OF CONSTITUTIONALITY: OBJECT OF SEVERANCE PROVISION
CONSTITUTION, ss. 51 (i), (xxxix), 98: NAVIGATION ACT 1912, ss. 2 (1), (2), 7, 14, 43; Part VI; s. 288; Schedules I, II: MERCHANT SHIPPING ACT 1894 (IMP.), s. 736
The Comptroller-General of Customs has submitted the following memorandum for advice:
In connection with the drafting of the regulations to give effect to certain of the coasting trade provisions of the 1912 Act, which provisions it is proposed to bring into operation early in the new year, a difficulty has arisen owing to some doubt as to the extent to which those provisions may be applied to shipping engaged in purely intra-state trade.