The following minute from the Director of Navigation has been forwarded to me for advice:
Legal Opinions
Opinion Number. 987
Subject
| Date
NAVIGATION AND SHIPPING
WHETHER BARGES UNDER TOW REQUIRE TO BE LICENSED TO ENGAGE IN COASTING TRADE: WHETHER BARGE COMES WITHIN DEFINITION OF SHIP': USE IN NAVIGATION
Key Legislation
NAVIGATION ACT 1912, ss. 6, 288: MERCHANT SHIPPING ACT 1854 (IMP.), s. 2: MERCHANT SHIPPING ACT 1894 (IMP.), s. 742
Opinion Number. 988
Subject
| Date
NATIONALITY
WHETHER SYRIANS REGISTERED AS FRENCH PROTEGES ARE TO BE TREATED AS FRENCH OR TURKISH: EFFECT ON NATIONALITY OF REGISTRATION AS PROTEGE
Key Legislation
WAR PRECAUTIONS ACT 1914NATIONALITY WHETHER SYRIANS REGISTERED AS FRENCH PROTEGES ARE TO BE TREATED AS FRENCH OR TURKISH: EFFECT ON NATIONALITY OF REGISTRATION AS PROTEGE
The Secretary to the Prime Minister's Department has requested advice as to whether Syrian subjects who are registered with the French Consul as French proteges are to be treated as friendly aliens or to be regarded as Turkish subjects.
Opinion Number. 989
Subject
| Date
ELECTORAL ENROLMENT
ENROLMENT OF PERSON OF UNSOUND MIND: REGISTRAR S POWER TO STRIKE OUT NAME AND EVIDENCE UPON WHICH HE MAY ACT: PERMISSION TO VOTE WHERE NAME STRUCK OUT THROUGH MISTAKE OF FACT
Key Legislation
COMMONWEALTH ELECTORAL ACT 1918, ss. 39 (4), 47, 121
The Chief Electoral Officer has forwarded the following memorandum for advice:
It has been brought under notice by the Divisional Returning Officer for Ballarat that a patient of the Hospital for Insane at Ballarat who has been 'boarded out' by the authorities has become enrolled on the Electoral Roll for that Division pursuant to a claim wherein the claimant states 'I am qualified to be enrolled as an elector'.
Section 39 (4) of the Commonwealth Electoral Act provides:
Opinion Number. 990
Subject
| Date
ENEMY PROPERTY: GERMAN NEW GUINEA
WHETHER PROPERTY OF COMPANIES TO BE EXPROPRIATED UNDER PEACE TREATY INCLUDES PROPERTY ACQUIRED AFTER COMMENCEMENT DATE OF TREATY
Key Legislation
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 297 (b)
The Secretary, Prime Minister's Department, has forwarded the following memorandum asking for advice:
Under Articles 231 and 232 of the Peace Treaty Germany undertakes to make reparation for all loss or damage to allied nationals.
Under Article 297 it is set out that German property, rights and interests may be liquidated to meet the foregoing obligations.
Opinion Number. 991
Subject
| Date
NATURALIZATION
ELIGIBILITY OF NATURALIZED SUBJECTS FOR OLD-AGE PENSION: STATUS OF CHILDREN OF NATURALIZED PERSONS OF ENEMY ORIGIN
Key Legislation
NATURALIZATION ACT 1903, s. 10: INVALID AND OLD-AGE PENSIONS ACT 1908, s. 16 (1) (b)
The Assistant Commissioner of Pensions has forwarded me the following memorandum with a request for advice:
Opinion Number. 992
Subject
| Date
WAR GRATUITY
WHETHER GRATUITY CAN BE PAID TO MOTHER OF DECEASED UNMARRIED SOLDIER DYING INTESTATE
Key Legislation
WAR GRATUITY ACTS 1920, s. 9(1)
The Secretary to the Department of the Treasury has referred for advice the following memorandum received by him from the Chairman of the Central War Gratuity Board:
A case has arisen in South Australia where a deceased unmarried soldier, without children, left no will, and the mother is claiming the war gratuity in respect of his services.
The Chairman of the District Board in South Australia advises that under the Intestate Estates Act the father, who is still alive, is the only possible claimant, but he has not submitted a claim.
Opinion Number. 993
Subject
| Date
DEFENCE FORCES
WHETHER MEMBERS OF MILITARY FORCES CAN BE MADE SUBJECT TO NAVAL DISCIPLINE: ENROLMENT IN BOTH MILITARY AND NAVAL FORCES
Key Legislation
DEFENCE ACT 1903, ss. 86(2), 90, 103, 106, 108(3): NAVAL DEFENCE ACT 1910: NAVAL DISCIPLINE ACT (IMP.): AUSTRALIAN MILITARY REGULATIONS 1916. reg. 58
The Secretary to the Department of Defence has forwarded, for advice, the following memorandum:
Regulation 58 of the Australian Military Regulations 1916 provides as follows: Division 5: Australian Air Corps.
Opinion Number. 994
Subject
| Date
OLD-AGE PENSION
WHETHER PERIODIC PAYMENTS IN NATURE OF SEAMEN'S COMPENSATION PURSUANT TO AGREEMENT WITH COMMONWEALTH AMOUNT TO 'INCOME' FOR PENSION PURPOSES: WHETHER LUMP-SUM PAYMENT AMOUNTS TO PROPERTY'
Key Legislation
INVALID AND OLD-AGE PENSIONS ACT 1908, s. 17: SEAMEN'S COMPENSATION ACT 1911, First Schedule
The following minute has been submitted to me for advice:
A.B.C, a munition worker, sailed for England per the S.S. Beltana on 16 June 1917. During the voyage he met with an accident on 21 June 1917, which resulted in his being badly ruptured and in his receiving injuries to the shoulder, ribs, arm and right hand.
Opinion Number. 995
Subject
| Date
INCONSISTENCY
INTERSTATE TRADE IN BUTTER DEALT WITH UNDER COMMONWEALTH REGULATIONS: WHETHER OFFENCE HAS BEEN COMMITTED UNDER STATE LAW WITH RESPECT TO EXPORT OF BUTTER INTERSTATE
Key Legislation
CONSTITUTION, s. 109: DAIRY INDUSTRY ACT 1915 (N.S.W.): WAR PRECAUTIONS (DAIRY PRODUCE POOL) REGULATIONS 1918. regs 11. 16. 18: REGULATIONS UNDER DAIRY INDUSTRY ACT 1915 (N.S.W.). regs 11. 13. 14, 15
The Acting Comptroller-General of Customs has forwarded, for advice as to whether the Commonwealth Government should take any action in the matter, papers relating to proceedings proposed to be taken by the New South Wales Government against Mr A.B.C. of Sydney, in respect of his failure to give, in accordance with regulation 11 (a) of the Regulations made under the Dairy Industry Act 1915 of New South Wales, two days' notice of his intention to export certain butter to Victoria.
The material facts, as they appear from the papers forwarded, are as follows:
Opinion Number. 996
Subject
| Date
DEFENCE FORCES
EMPLOYERS NOT TO OBSTRUCT COMPULSORY TRAINING: WHETHER MASTER OF SHIP IS EMPLOYER': LIABILITY OF SHIPOWNER FOR MASTER'S ACTION
Key Legislation
DEFENCE ACT 1903, s. 134
The Secretary to the Department of the Navy has forwarded for advice the following memorandum:
With reference to section 134 of the Defence Act 1903-1918 in regard to the granting of leave to persons employed upon sea-going vessels liable for compulsory training and allotted to the Naval Forces, I am directed by the Naval Board to request that the opinion of the Commonwealth Crown Solicitor may be given as to whether the master of a vessel comes within the definition of 'Employer', as mentioned in the section of the Act quoted.