The Secretary to the Department of Defence has forwarded for advice the following memorandum:
I am directed to ask the favour of advice upon the following matters:
Legal Opinions
Opinion Number. 1007
Subject
| Date
DEFENCE FORCES
WHETHER THERE IS POWER TO RAISE REMOUNT CORPS: BREEDING AND TRAINING OF HORSES FOR WAR
Key Legislation
DEFENCE ACT 1903, ss. 31 (21, (3), 63 (I) (dc), 148
Opinion Number. 1008
Subject
| Date
NATIONALITY
DIFFERENTIATION BETWEEN SYRIANS REGISTERED AS FRENCH PROTEGES AND OTHER TURKISH SUBJECTS: DIFFERENT CLASSES OF PERSONS OF SAME NATIONALITY
Key Legislation
The Secretary to the Department of Home and Territories has forwarded for consideration the following memorandum:
May I ask your further consideration of the opinion given by you on 6 July to the Prime Minister's Department regarding the status of Syrians? I do not, of course, question your opinion as a matter of strict law, but in a case of this kind are we not bound to take notice of the fact that the Turkish nation to which the Syrians are said to belong, exercise no authority whatever at the present time over them or their country.
Opinion Number. 1009
Subject
| Date
DEFENCE FORCES
COMPULSORY MILITARY TRAINING: EXTENT OF COMMONWEALTH POWER TO SUSPEND TRAINING: WHETHER COMMONWEALTH IS BOUND TO PROVIDE TRAINING
Key Legislation
DEFENCE ACT 1903, ss. 125 (c). 127, 130, 133, 140
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
I am directed to ask the favour of your opinion in connection with the provisions of the Defence Act regarding compulsory training of the Citizen Forces and the suspension of that training.
Opinion Number. 1010
Subject
| Date
NAVAL FORCES OF COMMONWEALTH
WHETHER CERTAIN POWERS OF PUNISHMENT ARE TO BE GOVERNED BY IMPERIAL OR BY COMMONWEALTH LEGISLATION: DIFFERENTIATION BETWEEN APPLYING IMPERIAL LEGISLATION TO NAVAL FORCES AND PROVIDING FOR COMMONWEALTH LEGISLATION CONTINUING TO APPLY IN RELATION TO NAVAL FORCES
Key Legislation
DEFENCE ACT 1903, s. 108: NAVAL DEFENCE ACT 1910, ss. 5, 36: NAVAL DISCIPLINE ACT (IMP.), s. 56: NAVAL DISCIPLINE (DOMINION NAVAL FORCES) ACT 1911 (IMP.)
The following memorandum has been submitted to me for advice:
Opinion Number. 1011
Subject
| Date
COURTS-MARTIAL
WHETHER COMMONWEALTH HAS POWER TO LEGISLATE TO GIVE COURTS-MARTIAL CONVENED IN AUSTRALIA JURISDICTION OVER OFFENCES COMMITTED OUTSIDE AUSTRALIA
Key Legislation
DEFENCE ACT 1903, ss. 5, 103, 105: ARMY ACT (IMP.), ss. 177, 190 (23)
The following minute has been submitted to me for advice:
During the war members of the Expeditionary Forces committed offences of a fraudulent nature triable by civil courts as well as by courts-martial but in some instances these offences were not discovered until the members concerned had returned to Australia and resumed civilian life.
Opinion Number. 1012
Subject
| Date
FEDERAL SHIPBUILDING TRIBUNAL
WHETHER SHIPBUILDING TRIBUNAL HAS JURISDICTION TO DEAL WITH DAY-WORK RATES WHERE THERE IS NO AWARD
Key Legislation
The Secretary to the Prime Minister's Department has forwarded, for advice, a copy of a decision of the Shipbuilding Tribunal with respect to the day-work rates of pay of labourers employed in the shipbuilding yards of Messrs Poole and Steele, South Australia, and has requested advice as to whether the Tribunal had jurisdiction to deal with the matter.
Opinion Number. 1013
Subject
| Date
SERVICE AND EXECUTION OF PROCESS
APPLICATION OF SERVICE AND EXECUTION OF PROCESS LEGISLATION TO NORTHERN TERRITORY
Key Legislation
SERVICE AND EXECUTION OF PROCESS ACT 1901, ss. 4(1), 8: NORTHERN TERRITORY ACCEPTANCE ACT 1910, s. 6(1)
The Secretary, Department of Home and Territories, has submitted the following letter from Messrs McCay & Thwaites, Solicitors, for advice:
Pursuant to the interview between yourself and Mr Thwaites on Tuesday last week we send herewith cutting from an Adelaide paper containing a report of the decision of Mr Commissioner Mitchell in the Local Court of South Australia by which he decided that there was no power to enforce service of summonses and execution in the Northern Territory or any of the Territories of the Commonwealth under the Act abovenamed.
Opinion Number. 1014
Subject
| Date
NORTHERN TERRITORY LAWS
AFFIRMATIONS IN LIEU OF OATHS: WHETHER ATHEISTS CAN AFFIRM
Key Legislation
CRIMINAL PROCEDURE AMENDMENT ACT 1866-7 (S.A.), s. 9: PROMISSORY OATHS ACT 1869 (S.A.), ss. 5, 6, 7: AFFIRMATIONS ACT 1896 (S.A.), ss. 2, 3
The Secretary, Department of Home and Territories, has forwarded, for advice, a memorandum covering a letter from Messrs McCay & Thwaites, pointing out that there is not adequate provision in the Northern Territory for affirmations to be made in lieu of oaths in cases of-
- persons required to take oaths of office such as magistrates, jurors, interpreters etc., and
- persons required to take oaths on being sworn to affidavits.
The memorandum of the Secretary to the Department is as follows:
Opinion Number. 1015
Subject
| Date
FEDERAL SHIPBUILDING TRIBUNAL
PURPOSE OF GOVERNMENT SHIPBUILDING SCHEME: APPLICATION OF SHIPBUILDING AGREEMENT: POWERS OF SHIPBUILDING TRIBUNAL DAY-WORK RATES: WHETHER NAVAL BOARD CAN VETO TRIBUNAL'S DECISIONS
Key Legislation
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904. s. 24
The following memorandum has been submitted to me for advice:
Opinion Number. 1016
Subject
| Date
PUBLIC WORKS COMMITTEE
WHETHER PUBLIC WORK CAN BE COMMENCED WITHOUT REFERRAL TO PUBLIC WORKS COMMITTEE WHERE WORK IS TO BE CARRIED OUT THROUGH AGENCY OF STATE GOVERNMENT: WORK NOT TO BE UNDER COMMONWEALTH CONTROL
Key Legislation
COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913. s. 15
The following memorandum has been submitted to me for advice:
The Department of Repatriation has referred to this Department a proposal for the erection, by the State Department of Works and Trading Concerns, W.A. of additional wards and for alterations to existing Out-patients' Department, at the Public Hospital, Perth, at an estimated cost of £37,050.