TRADEMARKS
RENEWAL OF REGISTRATION OF TRADE MARK: WHETHER RENEWAL IS IN ORDER WHERE SUBSTANTIAL USER HAS NOT BEEN IN RESPECT OF ALL GOODS FOR WHICH MARK WAS REGISTERED
TRADE MARKS ACT 1905, s. 55
Referring to your memorandum of 20 April 1920, I desire to inform you that I am in agreement with your proposal to allow renewal of registration notwithstanding that the registered proprietor of the trade mark has not substantially used the trade mark in respect of all the goods for which the trade mark is registered.
[Vol. 16, p. 455]
IMMIGRATION
WHETHER COMMONWEALTH HAS POWER TO PREVENT ENTRY INTO AUSTRALIA OF PERSON BORN IN AUSTRALIA BUT NOT IN POSSESSION OF PASSPORT: POWER TO EXCLUDE PERSONS WHOSE ENTRY CANNOT BE PREVENTED UNDER IMMIGRATION POWER
CONSTITUTION, s. 51 (vi), (xxvii): IMMIGRATION ACT 1901-1912: WAR PRECAUTIONS ACT 1914: WAR PRECAUTIONS (PASSPORTS) REGULATIONS 1916
[On 7 April 1920 the Secretary, Department of Home and Territories, addressed to the Secretary, Attorney-Gtneral's Department, a memorandum which, formal parts omitted, read]:
With regard to Mr A.B.C.D. referred to in the annexed file will you be so good as to say, for the information of the Minister, if the following is a correct statement of the law.
There are two laws dealing with the admission of persons to Australia, the Immigration Act 1901-1912 and the War Precautions (Passports) Regulations 1916, under the War Precautions Act 1914-1916.
HOUSE OF REPRESENTATIVES ELECTIONS
ELECTION OF NEW MEMBER TO FILL VACANCY CAUSED BY COURT VOIDING ELECTION: ISSUE OF WRIT BY SPEAKER: WHETHER NEW ELECTION CONSTITUTES GENERAL ELECTION FOR PURPOSES OF WAR-TIME ELECTORAL LEGISLATION
CONSTITUTION, ss. 15, 33: COMMONWEALTH ELECTORAL (WAR-TIME) ACT 1917, s. 2
The Chief Electoral Officer forwards the following case for opinion:
The Commonwealth Electoral (War-time) Act 1917-1919 applies in relation to elections for the Senate and general elections for the House of Representatives held during the present war or within six months thereafter (see section 2).
The House of Representatives election for Ballarat, held with the general elections on 13 December last, was declared void by the Court of Disputed Returns on the 2nd instant, and a writ has been issued by the Speaker for a new election.
WAR SERVICE HOMES
ACQUISITION OF STATE CROWN LAND FOR WAR SERVICE HOMES: POWERS OF COMMISSIONER, ESPECIALLY WITH RESPECT TO LAND SUBJECT TO LEASE
LANDS ACQUISITION ACT 1906, ss. 5, 17: WAR SERVICE HOMES ACT 1918, s. 16 (1), (2), (3)
The Minister for Repatriation has requested advice as to 'whether it is competent for the Commonwealth to compulsorily resume leases (of Crown lands) or Crown lands for the purposes of the War Service Homes Act'.
Section 16 of the War Service Homes Act gives the Commissioner power to acquire, subject to the consent of the Minister, any land being Crown land of a State.
NAVIGATION AND SHIPPING
WHETHER COMMONWEALTH HAS POWER TO REGULATE STANDARDS OF ACCOMMODATION ON FERRIES: EXTENT OF COMMONWEALTH LEGISLATIVE POWER WITH RESPECT TO INTRASTATE SHIPPING: REPUGNANCY TO IMPERIAL LEGISLATION
CONSTITUTION, ss. 51 (i), (xxxix), 98: NAVIGATION ACT 1912, ss. 2, 135 (d), 136 (I), (4): COLONIAL LAWS VALIDITY ACT 1865 (IMP.): MERCHANT SHIPPING ACT 1894 (IMP.)
The following memorandum has been forwarded to me by the Comptroller-General of Customs with a request for advice:
From the attached cutting from the Sydney Sun of 31.3.20 it would appear that the application to ferry boats and limited coast-trade vessels running on the New South Wales coast of certain provisions, at least, of the Navigation Act will not be acquiesced in by the owners without a protest and probably action in the courts.
NATURALIZATION: ENEMY PROPERTY
DENATURALIZATION OF PERSON OF GERMAN BIRTH NATURALIZED IN AUSTRALIA: EFFECT ON NATIONALITY: EFFECT ON PROPERTY OF GERMAN NATIONALS
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919)
In reply to your memorandum of 27 March 1920, I desire to inform you that a person of German birth, who has become naturalized in Australia, becomes, upon denaturalization, a German national within the meaning of the Treaty of Peace between the Allied and Associated Powers and Germany, but the question whether the provisions of the Peace Treaty relating to the property of German nationals would apply in any such case would probably depend upon the dates of denationalization, naturalization and denaturalization.
NAVIGATI0N AND SHIPPING
ENGAGING IN COASTING TRADE: CIRCUMSTANCES IN WHICH SHIPS ARE EXEMPT FROM COASTING TRADE PROVISIONS: THROUGH TICKETS AND THROUGH BILLS OF LADING
NAVIGATION ACT 1912, s. 7
I am in receipt of your minute of 11 March 1920, forwarding for revision certain draft instructions proposed to be issued to officers in relation to the construction of section 7 of the Navigation Act.
Section 7 does not in a strict sense define 'engagement in the coasting trade'. That section declares that certain acts constitute, so far as the vessel participating therein is concerned, engaging in the coasting trade.
NAV1GATION AND SHIPPING
SALE OF VESSEL TO PERSON NOT QUALIFIED TO OWN BRITISH SHIP: WHETHER CLOSING OF REGISTRY CAN BE REFUSED FOR FAILURE TO OBTAIN CONSENT REQUIRED UNDER WAR PRECAUTIONS LEGISLATION
MERCHANT SHIPPING ACT 1894 (IMP.), s. 21: WAR PRECAUTIONS (SHIPPING) REGULATIONS 1918, reg.l5
A lugger named the Baltia, the property of the Wyben Pearling Company, has been sold to Shoijima & Co., of Thursday Island.
As the property of the Wyben Pearling Company, the vessel is registered under the Merchant Shipping Act. The purchasers, Shoijima & Co., are not qualified to own a British ship. It is understood that the purchasers desire to remove the vessel to the Solomon Islands trade. Regulation IS of the War Precautions (Shipping) Regulations provides that:
REPATRIATION
WHETHER LIVING ALLOWANCES GRANTED UNDER REPEALED ACT CAN BE CONTINUED UNDER NEW ACT: EXTENT OF GOVERNOR-GENERAL'S REGULATION-MAKING POWER IN LIGHT OF COMMISSION'S POWER TO RECOMMEND REGULATIONS: EFFECT OF SAVING PROVISION IN NEW ACT
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1917, ss. 8, 22: AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, ss. 3, 47, 60
The Comptroller, Department of Repatriation:
The following memorandum has been submitted to me with a request for advice:
The Repatriation Commission desires an opinion on the question of living allowances under the new Act, in the following respects:
INCOME TAX
WHETHER COMMONWEALTH IS LIABLE TO PAY BRITISH INCOME TAX ON PROFITS OF COMMONWEALTH SHIPPING UNE EARNED IN UNITED KINGDOM: PRESUMPTION THAT CROWN NOT BOUND UNLESS NAMED: CROWN IN RIGHT OF COMMONWEALTH AND CROWN IN RIGHT OF UNITED KINGDOM
INTERPRETATION ACT 1889 (IMP.), s. 2: INCOME TAX ACT 1918 (IMP), Schedule D
I have been asked to advise as to whether British income tax is payable on so much of the profits of the Commonwealth Government Line of Steamers as are earned in the United Kingdom.
The Commonwealth Government Line of Steamers is, I understand, an undertaking of the Commonwealth Government the receipts from which go into, and the expenditure of which is defrayed from, the Consolidated Revenue Fund. Therefore any profits earned by the Line are the property of the Commonwealth.