The following draft minute relating to the application of the Navigation Act 1912-1919 to vessels carrying Papuan natives and trading within the Territory of Papua or between Papua and Australia has been forwarded to me with a request for advice as to whether, in view of the provisions of the Navigation Act 1919, the position, as regards intra-Papuan trade, as set out in the draft minute, is correct:
Legal Opinions
Opinion Number. 957
Subject
| Date
NAVIGA TION AND SHIPPING
APPLICATION OF COASTING TRADE PROVISIONS OF NAVIGATION LEGISLATION TO SHIPS TRADING IN OR WITH PAPUA: WHETHER GOVERNOR-GENERAL HAS POWER TO EXEMPT SHIPS TRADING BETWEEN AUSTRALIA AND PAPUA FROM COASTING TRADE PROVISIONS: STATUS OF PAPUA
Key Legislation
PAPUA ACT 1905, s. 7: NAVIGATION ACT 1912, ss. 7, 289. 378: NAVIGATION ACT 1919, s. 6
Opinion Number. 958
Subject
| Date
NAVIGATION AND SHIPPING
TIME WHEN ENGAGEMENT OF SHIP IN COASTING TRADE COMMENCES AND TERMINATES: APPLICATION OF COASTING TRADE PROVISIONS OF NAVIGATION LEGISLATION TO OVERSEA SHIPS
Key Legislation
NAVIGATION ACT 1912, s. 7
The following minute has been submitted with the request for advice as to whether there is any serious objection to the course proposed:
Opinion Number. 959
Subject
| Date
NAVIGATION AND SHIPPING
EXTENT TO WHICH SEAMEN'S WAGES ARE RECOVERABLE IN AUSTRALIAN COURTS: REPUGNANCY BETWEEN COMMONWEALTH AND IMPERIAL LEGISLATION: SEVERANCE PROVISION
Key Legislation
NAVIGATION ACT 1912, ss. 2 (2), 289, 290: MERCHANT SHIPPING ACT 1894 (IMP.), ss. 166, 264, 265: SHIPPING AND SEAMEN ACT 1908 (N.Z.), s. 75
The following memorandum has been submitted to me for advice:
Opinion Number. 960
Subject
| Date
NATURALIZATION: ALIENS
REVOCATION OF CERTIFICATE OF NATURALIZATION: EXCLUSION OF ALIENS FROM BRITISH TERRITORY
Key Legislation
ALIENS ORDINANCE 1911 (PAPUA), s. 10: ALIENS ORDINANCE 1919 (PAPUA), s. 2
The Secretary, Home and Territories Department, forwards the following memorandum for advice:
The attached copy of the Aliens Ordinance 1919, of the Territory of Papua, is forwarded for favour of advice as to whether there is any reason why the Governor-General should not be asked to assent to the measure.
In this connection I subjoin a copy of a radio received from the Acting Administrator:
Opinion Number. 961
Subject
| Date
WAR PRECAUTIONS: WORKERS' COMPENSATION
CLAIM FOR WORKERS' COMPENSATION ON ACCOUNT OF DEATH OF ENEMY NATIONAL RESIDING IN AUSTRALIA: POSITION OF WIDOW RESIDING IN ENEMY COUNTRY
Key Legislation
WORKERS' COMPENSATION ACT 1912 (W.A.): WAR PRECAUTIONS REGULATIONS, regs 64B. 64BA
The Comptroller-General of Customs has forwarded for advice the following memorandum:
A letter as follows has been received by this Office from Messrs Abbott & Abbott of Commercial Bank Chambers, 42 St. George's Terrace, Perth, W.A., bearing date 7 January 1920, viz.:
Opinion Number. 962
Subject
| Date
FOREIGN CORPORATIONS
SCOPE OF COMMONWEALTH LEGISLATIVE POWER WITH RESPECT TO FOREIGN CORPORATIONS: LEGISLATIVE POWER WITH RESPECT TO FIRMS
Key Legislation
CONSTITUTION, s. 51 (i), (xix), (xx): WAR PRECAUTIONS (COMPANIES, FIRMS AND BUSINESSES) REGULATIONS, regs 2, 3, 5, 5A
The Secretary to the Treasury has forwarded the following memorandum asking for advice:
Under regulation 2 of the War Precautions (Companies, Firms and Businesses) Regulations, it is an offence for any person without the written consent of the Treasury to apply for the registration of any company or firm or of any society club or association having for its object or one of its objects the pecuniary profit or gain of its members.
Opinion Number. 963
Subject
| Date
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER WAR SERVICE HOMES COMMISSIONER IS LIABLE TO CONTRIBUTE TO STATE FIRE BRIGADE: VOLUNTARY CONTRIBUTION IN RETURN FOR SERVICES RENDERED
Key Legislation
FIRE BRIGADES ACT 1915 (VIC), ss. 3, 42, 45
The War Service Homes Commissioner has forwarded for advice the following memorandum:
I am in receipt of a letter from the Secretary of the Country Fire Brigades Board dated the 2nd instant which reads as follows:
Opinion Number. 964
Subject
| Date
PUBLIC SERVICE
PAYMENT TO DEPENDANTS OF DECEASED OFFICER OF SALARY EQUIVALENT: WHETHER COMPUTATION OF SALARY SHOULD INCLUDE FIXED ALLOWANCES: DISTINCTION BETWEEN PA Y AND SALARY
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902, ss. 71, 80 (g): COMMONWEALTH PUBLIC SERVICE REGULATIONS 1913, reg. 168
The opinion (No. 309) given by the Commonwealth Crown Solicitor on 27 June 1919, in the case of the dependants of the late A.B.C, Examining Officer, Fremantle, Western Australia, has been referred by the Treasury to me with the following memorandum:
Will the Secretary kindly advise whether this opinion supersedes previous opinions under the authority of which fixed allowances have not been included in computing the amount of six months' salary in lieu of furlough payable under section 71 of the Public Service Act to dependants of a deceased officer.
Opinion Number. 965
Subject
| Date
COMMONWEALTH BANK: COMMONWEALTH IMMUNITY FROM STATE LAWS
LIABILITY OF COMMONWEALTH BANK TO STATE LAND TAX: WHETHER BANK IS REQUIRED TO EXECUTE ACKNOWLEDGMENT OF OWNERSHIP OF LAND: WHETHER ACKNOWLEDGMENT WILL RENDER BANK LIABLE TO TAX
Key Legislation
LAND TAX ACT 1915 (VIC), ss. 52, 53
The Assistant Secretary to the Department of the Treasury has forwarded for advice a letter from the Governor of the Commonwealth Bank in the following terms:
Opinion Number. 966
Subject
| Date
DELEGA TION OF MINISTERIAL POWERS: NAVIGATION AND SHIPPING
WHETHER DELEGATION BY MINISTER TO COLLECTOR OF CUSTOMS FOR STATE EXTENDS TO PERSON TEMPORARILY PERFORMING COLLECTORS DUTIES: PERFORMANCE OF SUPERINTENDENT'S DUTIES DURING ABSENCE OF SUB-COLLECTOR: WHETHER OFFICER PERFORMING SUB-COLLECTOR'S DUTIES DURING HIS ABSENCE IS A CHIEF OFFICER OF CUSTOMS
Key Legislation
ACTS INTERPRETATION ACT 1901, s. 20: CUSTOMS ACT 1901: NAVIGATION ACT 1912, ss. 6, 288
The Acting Comptroller-General of Customs has forwarded for advice the following memorandum received from the Collector of Customs, Queensland: