Legal Opinions

Opinion Number. 706

Subject

PUBLIC SERVICE
PUBLIC SERVICE COMMISSIONER: EXPIRY OF TERM OF OFFICE OF COMMISSIONER: POSITION OF DEPUTY: WHETHER ACTING COMMISSIONER CAN BE APPOINTED

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 5 (2), (4)

The Secretary to the Prime Minister's Department has forwarded the following memorandum for advice:

The term of office of Mr D.C. McLachlan as Commonwealth Public Service Commissioner will expire tomorrow, 4th May.

Mr W.B. Edwards was on 5th January last appointed Deputy Commissioner during the absence on leave of the Commissioner. That appointment will terminate with the vacation by Mr McLachlan of his office.

Opinion Number. 707

Subject

COMMONWEALTH BANK: COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER COMMONWEALTH BANK IS SUBJECT TO STATE INCOME TAX LAWS

AuthorMAHON Hugh | Date
Key Legislation

The Governor of the Commonwealth Bank has forwarded the following memorandum for advice:

Opinion Number. 708

Subject

FREEDOM OF INTERSTATE TRADE
STATE LEGISLATION PROHIBITING EXPORT OF MEAT: REQUEST BY STATE TO IMPERIAL PARLIAMENT TO VALIDATE SUCH LEGISLATION AGAINST POSSIBLE INFRINGEMENT OF FREEDOM OF INTERSTATE TRADE: POWER OF COMMONWEALTH TO LEGISLATE WITH RESPECT TO EXPORT OF MEAT: CHANNEL OF COMMUNICATION BETWEEN STATES AND IMPERIAL GOVERNMENT

AuthorMAHON Hugh | Date
Key Legislation

CONSTITUTION, ss. SI (vi), 92: MEAT SUPPLY FOR IMPERIAL USES ACT 1915 (N.S.W.): MEAT SUPPLY FOR IMPERIAL USES ACT 1914 (QLD): SUGAR ACQUISITION ACT 1915 (QLD)

The Prime Minister asks for advice in regard to the following cablegram from the Secretary of State for the Colonies to the Governor-General:

Opinion Number. 709

Subject

NATURALIZATION
WHETHER CERTIFICATE OF NATURALIZATION CAN BE ISSUED TO AUSTRALIAN-BORN WIFE OF ALIEN WHERE WIFE IS DEEMED BY IMPERIAL LEGISLATION TO TAKE HUSBAND'S NATIONALITY

AuthorGARRAN Robert Randolph | Date
Key Legislation

NATURALIZATION ACT 1870 (IMP.), s. 10: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP.), s. 10

The Secretary, Department of External Affairs, has forwarded, for advice, the following memorandum:

Opinion Number. 710

Subject

NORFOLK ISLAND
EXTENSION OF PROVISIONS OF AUDIT LEGISLATION TO NORFOLK ISLAND: WHETHER ACT OR ORDINANCE APPROPRIATE

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUDIT ACT 1901: NORFOLK ISLAND ACT 1913, ss. 5, 8 (I)

The Secretary, Department of External Affairs, has asked for advice as to whether the provisions of the Audit Act 1901-1912 and the regulations thereunder can be extended to Norfolk Island by Ordinance or whether an Act is necessary for this purpose.

Sections 5 and 8(1) of the Norfolk Island Act 1913 are as follows:

5. The Acts of the Parliament (except this Act) shall not be in force in Norfolk Island unless expressed to extend thereto.

Opinion Number. 711

Subject

GERMAN NEW GUINEA
WHETHER MILITARY OCCUPATION OF GERMAN POSSESSIONS IN PACIFIC IS AUSTRALIAN OR BRITISH

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary to the Postmaster-General's Department has forwarded, for advice, the following memorandum:

Opinion Number. 712

Subject

COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER POWERS OF ATTORNEY GIVEN UNDER COMMONWEALTH LEGISLATION ARE LIABLE TO STATE STAMP DUTY

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH INSCRIBED STOCK ACT 1911: COMMONWEALTH INSCRIBED STOCK REGULATIONS, reg. 60

The Secretary to the Department of the Treasury has asked for an opinion on the question whether powers of attorney given on Forms 39 and 40 issued under regulation 60 of the Provisional Regulations under the Commonwealth Inscribed Stock Act 1911-1915 are liable to State stamp duty in States where powers of attorney given in general terms are liable to such duty.

As the powers of attorney in question are given for the purposes of a Commonwealth Act, I am of opinion that they are not liable to stamp duty under the Act of any State (D'Emden v. Pedder 1 C.L.R. 91).

Opinion Number. 713

Subject

COURTS-MARTIAL: DEFENCE FORCES
COMMITMENT TO PRISON IN AUSTRALIA OF MEMBERS OF AUSTRALIAN IMPERIAL FORCE SENTENCED BY COURTS-MARTIAL ABROAD: BASIS FOR ISSUE OF COMMITMENT WARRANTS: APPLICATION OF IMPERIAL LEGISLATION TO MEMBERS OF DEFENCE FORCE: POWER OF GOVERNOR-GENERAL TO REMIT OR MITIGATE SENTENCES

AuthorGARRAN Robert Randolph | Date
Key Legislation

DEFENCE ACT 1903, ss. 55, 86, 115: ARMY ACT (IMP.), s. 177

The Secretary to the Department of Defence has forwarded for advice the following memorandum:

Opinion Number. 714

Subject

PREFERENCE OR DISCRIMINATION BY STATE RAILWAYS
WHETHER CERTAIN FREIGHTS ON WHEAT CHARGED BY NEW SOUTH WALES RAILWAYS AMOUNT TO DISCRIMINATION AGAINST QUEENSLAND FLOUR MILLERS: POWERS OF INTER-STATE COMMISSION

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 102, 104: INTER-STATE COMMISSION ACT 1912, s. 19. Part V

It has been brought under notice that the operations of Queensland flour millers have been considerably reduced owing to their inability to get wheat, and it has been suggested that this is brought about by unfair railway freights charged by the New South Wales railway authorities.

Opinion Number. 715

Subject

DEFENCE FORCES: COUR TS-MAR TIAL
WHETHER OATH OF ENLISTMENT IS CONDITION PRECEDENT TO BECOMING SUBJECT TO MILITARY LAW: STANDARD OF PROOF OF OATH: PRESUMPTION FROM RECEIPT OF PAY

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary to the Department of Defence has forwarded for advice the following memorandum by the Adjutant-General relative to the sentence imposed by court-martial upon Private A.B:.

. . . the attached appeal by Private A.B., A.I.F., against his conviction by district court-martial is referred.

Private B. was tried on the following charges: