Legal Opinions

Opinion Number. 997

Subject

NATIONALITY
BRITISH SUBJECT FOR PURPOSES OF ELECTORAL ENROLMENT: WHETHER PERSON BORN IN HOLLAND WHO SERVED WITH ENEMY IN BOER WAR IS NOW BRITISH SUBJECT THROUGH ANNEXATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1918, s. 39

The Chief Electoral Officer asks whether Mr A.B. should obtain naturalization in the Commonwealth in order to qualify for enrolment as an elector under the following circumstances:

B. was born in Holland, went to South Africa before attaining his majority, and served with the Boer forces during the South African War 1899-1901. His parents never became British subjects. He has never become a naturalized British subject. He was 'annexed' when South Africa became British territory.

Opinion Number. 998

Subject

REPATRIATION
GRANT TO RETURNED SOLDIERS OR THEIR WIDOWS OF ORDERS FOR THE SUPPLY OF ARTICLES: WHETHER TRANSACTIONS HAVE TO COMPLY WITH PUBLIC TENDERING PROCEDURE

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUSTRALIAN SOLDIERS' REPATRIATION REGULATIONS 1919. reg. 74: TREASURY REGULATIONS 1919. regs 67. 68

The Secretary of the Audit Office has forwarded the following memorandum asking for advice:

Enclosed herewith is correspondence which has taken place with respect to the following:

Opinion Number. 999

Subject

PARLIAMENT
UNCLAIMED PARLIAMENTARY ALLOWANCE: WHEN ALLOWANCE BECOMES DUE: REVERSION OF UNCLAIMED MONEYS TO TREASURY

AuthorGARRAN Robert Randolph | Date
Key Legislation

PARLIAMENTARY ALLOWANCES ACT 1920, s. 9

The Clerk of the House of Representatives has forwarded the following memorandum dated 25 August 1920 asking for advice:

A Member has this day signed an order for the payment into a banking account of his Parliamentary allowance at the increased rate from 22 May last.

Will you be so good as to inform me whether the increased amount can be paid for 22, 23, and 24 May, in view of the provisions of section 9 of Act No. 12 of 1920?

Opinion Number. 1000

Subject

FREEDOM OF INTERSTATE TRADE
WHETHER COMMONWEALTH HAS POWER TO PROVIDE FOR COMPULSORY GRADING OF BUTTER FOR INTERSTATE TRANSFER: EXTENT OF POWER TO REGULATE INTERSTATE TRANSFER AND EXPORT OF GOODS

AuthorGARRAN Robert Randolph | Date
Key Legislation

CUSTOMS ACT 1901, ss. 112, 112A

Referring to the verbal request by Mr A. of your office for a draft proclamation relative to the compulsory grading of interstate butter, I desire to point out that it is, in my opinion, extremely doubtful whether power exists to provide for the grading of butter for interstate transfer.

Opinion Number. 1001

Subject

POSTAL SERVICES
VALIDITY OF REGULATION PROVIDING FOR PAYMENT OF COMPENSATION WHERE DAMAGE IS CAUSED BY ONE POSTAL ARTICLE TO ANOTHER: POWER TO MAKE REGULATIONS PROVIDING FOR CONDITIONS UNDER WHICH PARCELS MAYBE HANDLED

AuthorGARRAN Robert Randolph | Date
Key Legislation

POST AND TELEGRAPH ACT 1901, s. 97: POST AND TELEGRAPH REGULATIONS, reg. 220A(l)

The Secretary to the Postmaster-General's Department has forwarded a file of papers relating to damage caused to a postal article by leakage from a parcel of eggs sent by post, the contents of which had become broken, and has requested advice as to the validity of sub-regulation (1) of regulation 220A of the Post and Telegraph Regulations.

Opinion Number. 1002

Subject

FEDERAL SHIPBUILDING TRIBUNAL
POWERS OF SHIPBUILDING TRIBUNAL TO DETERMINE WAGE RATES IN SHIPBUILDING INDUSTRY: DAY WORK AND PIECEWORK: POWER OF COMMONWEALTH TO CHALLENGE TRIBUNAL'S DECISIONS

AuthorGARRAN Robert Randolph | Date
Key Legislation

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

The question has been raised as to whether the Federal Shipbuilding Tribunal has exceeded its powers in dealing with applications for increases in the rates of pay for day work, which function, it has been urged, is outside the jurisdiction of the Tribunal.

For your information, I enclose a copy of the form of agreement entered into between employer and employee, together with a copy of the printed statement referred to in clause (2) thereof.

Opinion Number. 1003

Subject

ELECTORAL ENROLMENT
MEMBERS OF WARSHIP CREWS: WHETHER MEMBER WITH NO PLACE OF LIVING ASHORE CAN BE ENROLLED FOR DIVISION IN WHICH HIS HOME PORT IS SITUATED

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1918, s. 41

The following memorandum has been submitted to me for advice:

Opinion Number. 1004

Subject

ARTILLERY SALUTES
CONFLICT BETWEEN COMMONWEALTH REGULATIONS AND IMPERIAL REGULATIONS AS TO ENTITLEMENT OF STATE GOVERNORS TO ARTILLERY SALUTES

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION: AUSTRALIAN MILITARY REGULATIONS, reg. 228: COLONIAL OFFICE REGULATIONS (IMP.), regs 1. 146

The Secretary, Department of Defence, has forwarded for opinion the following questions:

His Excellency the Governor-General communicated, on 4 March 1920, with the Governors of the several States in these terms:

I have the honour to inform Your Excellency that in view of the possible ill effects on shell-shocked soldiers no salute was fired in Melbourne on the occasion of the opening of the Commonwealth Parliament last week.

Opinion Number. 1005

Subject

OLD-AGE PENSION
WHETHER CERTAIN ALLOWANCE RECEIVED BY CLAIMANT FOR PENSION CONSTITUTES 'INCOME': PAYMENTS IN NATURE OF GRATUITIES DISTINGUISHED FROM BENEFITS PAID BY VOLUNTARY ASSOCIATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

INVALID AND OLD-AGE PENSIONS ACT 1908, s. 4

The Acting Assistant Commissioner for Pensions has asked for advice as to whether the allowance received by a claimant for pension from the Australasian Union Conference of Seventh-day Adventists should be regarded as 'income' within the meaning of section 4 of the Invalid and Old-age Pensions Act 1908-1919 under the following circumstances:

Opinion Number. 1006

Subject

REPRESENTATION OF TERRITORIES
WHETHER RESIDENTS OF NORTHERN TERRITORY CAN BE ATTACHED TO STATE OF SOUTH AUSTRALIA FOR PURPOSE OF REPRESENTATION IN SENATE

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 7, 122

The Secretary, Department of Home and Territories:

The Senate has carried an amendment to the motion for the second reading of the Northern Territory Representation Bill, as follows:

That the Senate is of opinion that residents of the Northern Territory who would under ordinary circumstances be entitled to a vote under the Commonwealth Electoral laws, should for that purpose be attached to the State of South Australia and accorded the right to vote at the election for senators of that State, thus being granted representation in the Commonwealth Parliament.