WAR SERVICE HOMES
ELIGIBILITY FOR ASSISTANCE OF SOLDIERS' WIDOWS WHO REMARRY: MEANING OF WIDOW
WAR SERVICE HOMES ACT 1918, s. 4; Parts IV, V
The following request for advice has been submitted to me:
Your opinion is desired as to whether soldiers' widows who remarry-
- before approval of applications; and
- after
are still 'widows' within the meaning of the definition of 'Female dependant' in section 4 of the Act.
COMMONWEALTH BANK: COMMONWEALTH IMMUNITY FROM STATE LAWS: INCOME TAX
WHETHER DEBENTURES ISSUED BY COMMONWEALTH BANK ARE LIABLE TO STAMP DUTY AND INCOME THEREFROM TO INCOME TAX UNDER STATE AND IMPERIAL LAW: WHETHER SUCH INCOME IS LIABLE TO COMMONWEALTH INCOME TAX
COMMONWEALTH BANK ACT 1911, ss. 5, 9, 53: INCOME TAX ASSESSMENT ACT 1915, s. 3
The Secretary to the Treasury has forwarded for advice a letter dated 7 February 1920 received from the Governor of the Commonwealth Bank. The questions upon which advice is desired are as follows:
NATURALIZATION
WHETHER REQUIREMENT OF TWO YEARS' CONTINUOUS RESIDENCE IN AUSTRALIA IS SATISFIED BY ESTABLISHMENT OF HOME FOR THAT PERIOD
NATURALIZATION ACT 1903, s. 5
The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:
Mr A.B.C, who is an applicant for naturalization, writes as follows:
I arrived in Sydney per s.s. Matunga on 22.2.1915; I departed from Sydney per s.s. Matunga on 16.4.1915, during which period I lived at my own house in Greengate Road, Killara, with my children.
COMMONWEALTH IMMUNITY FROM STATE LAWS
EXEMPTION FROM STATE INCOME TAX OF INCOME FROM COMMONWEALTH DEBENTURES: WHETHER IMPOSITION BY STATE OF HIGHER THAN NORMAL RATE OF TAX ON OTHER INCOME AMOUNTS TO IMPOSITION OF TAX ON DEBENTURE INCOME
COMMONWEALTH INSCRIBED STOCK ACT 1911, s. 52B: INCOME TAX ACT 1902 (QLD), ss. 7(1) (ii), (12), 12 (vii). (viii)
The Treasurer desires advice as to the validity of the provisions contained in the Queensland Income Tax Act Amendment Bill which was recently before the Queensland Parliament.
The matter upon which advice is desired is, I understand, the effect of sub¬section (12) of the proposed new section 7 inserted in the Principal Act by clause 4 of the Bill.
ENEMY PROPERTY
WHETHER ENEMY NATIONAL CAN BORROW AGAINST LIFE INSURANCE POLICY ISSUED IN AUSTRALIA: WHETHER POLICIES HELD BY ENEMY NATIONALS CONSTITUTE ENEMY PROPERTY: WHETHER POSITION IS AFFECTED BY INTERNMENT OF POLICYHOLDER
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 297: TREATY OF PEACE REGULATIONS, reg. 20 (1), (2)
The Acting Comptroller-General of Customs and Public Trustee has forwarded for advice a letter received by him from the Colonial Mutual Life Assurance Society Limited.
The letter, omitting formal parts, is as follows:
A policyholder of this Society, by name A.B., is an internee at the Internment Camp, Narrow Neck, Auckland, New Zealand. His policy is registered on the books of the New South Wales Branch of this Society, and would therefore, I presume, rank as property in the Commonwealth.
OLD-AGE PENSION
WHETHER PENSION PAID BY CHARITABLE BODY TO EX-EMPLOYEE AMOUNTS TO INCOME: NATURE OF PAYMENTS EXCLUDED FROM DEFINITION OF INCOME
INVALID AND OLD-AGE PENSIONS ACT 1908, ss. 4(b), 26
I have been asked to advise whether the pension received by Mr A., the husband of a claimant for old-age pension, should be regarded as income within the meaning of the Invalid and Old-age Pensions Act.
Section 26 provides (inter alia) that in the computation of income in the case of husband and wife, the income of each shall be deemed to be half the total income of both.
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 el. 5: NATURALIZATION ACT 1903, s. 5
The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:
Referring to your opinion dated 14th August last relative to the Naturalization Act 1903-1917, section 5-whether service on a Commonwealth boat is residence in Australia-I forward herewith a copy of a letter received from the Superintendent, Mercantile Marine Office, Melbourne, who writes on behalf of Mr A.B., whose application for naturalization prompted this Department to obtain the opinion mentioned above.
PREFERENCE TO ONE STATE OVER ANOTHER STATE
PERMITS TO UNLICENSED SHIPS TO ENGAGE IN COASTING TRADE: WHETHER PERMITS WILL AMOUNT TO PREFERENCE
CONSTITUTION, s. 99: NAVIGATION ACT 1912, s. 286: NAVIGATION ACT 1920, s. 105
I am asked to advise as to the constitutional power of the Commonwealth to exempt the North-West Coast from the coasting provisions of the Navigation Act.
I attach copy of an opinion given by me on 29 December 1919(1) on this question.
My view is that not every difference of treatment between ports is a preference within the meaning of section 99 of the Constitution.
The mischief aimed at by that section is unfair discrimination, giving one State or part of a State an advantage over another.
PATENTS
MATERIAL ALTERATION IN PRESCRIBED FORM OF APPLICATION FOR PATENT
PATENTS ACT 1903, ss.33(l), 39; First Schedule: PATENTS REGULATIONS 1912, reg.4 (2); Second Schedule
[On 27 February 1920 the Commissioner of Patents addressed to the Solicitor-General a memorandum which, formal parts omitted, read]:
I enclose a copy of the form of application which accompanied Application No. 11906 of 1919 for a patent in the Commonwealth.
DEFENCE FORCES
PROMOTION OF OFFICERS: EXTENT TO WHICH PROMOTIONS CAN BE MADE RETROSPECTIVE
DEFENCE ACT 1903, ss. 19, 21, 21A
The Secretary, Department of Defence, has forwarded the following memorandum for advice:
After the experience of the late war, it is considered desirable to alter the seniority in the Australian Military Forces of certain officers holding the rank of Colonel and Lieut.-Colonel.
Section 16 of the Act gives power to alter regimental seniority, but there appears to be no power to alter army seniority, other than by regulating the dates of promotion (vide section 19).
The following is submitted as an example: