NAVAL FORCES OF COMMONWEALTH
APPLICATION OF IMPERIAL LEGISLATION TO FORCES AND SHIPS OF COMMONWEALTH: WHETHER MILITARY FORCES ARE SUBJECT TO NAVAL DISCIPLINE WHEN ON BOARD SHIPS OF ROYAL AUSTRALIAN NAVY
NAVAL DEFENCE ACT 1910, s. 36: NAVAL DISCIPLINE ACT (IMP.), ss. 88, 89: NAVAL DISCIPLINE (DOMINION NAVAL FORCES) ACT 1911 (IMP.), s. 1 (I), (2)
The Naval Secretary has forwarded for advice the following memorandum:
With reference to sections 88 and 89 of the Naval Discipline Act, which read as follows:
His Majesty's land forces, when embarked on board any of His Majesty's ships, shall be subject to the provisions of this Act to such extent and under such regulations as His Majesty, His heirs and successors by any Order or Orders in Council, shall at any time or times direct.
GOLD BULLION
COMMONWEALTH CONTROL OF GOLD OUTPUT: PREMIUMS PAID ON SALES OF GOLD BY STATE MINTS TO JEWELLERS: WHETHER MONEYS RECEIVED BELONG TO COMMONWEALTH
PERTH MINT ACT 1895 (W.A.), s. 4
The Secretary to the Department of the Treasury has forwarded, for advice, the following memorandum:
By Royal Proclamation dated 28 July 1916, it was ordained that where any person brings gold bullion to any of the branch mints, the Deputy Master may, during the continuance of the present war and for a period of one year thereafter, instead of delivering out gold coin to that person, make payment for the bullion in such manner as may be provided by Regulation.
INCOME TAX
ATTACHMENT OF MONEYS IN CUSTOMER'S ACCOUNT TO SATISFY TAX LIABILITY: WHETHER PUBLIC OFFICER CAN BE SUBSTITUTED FOR COMPANY DECLARED TO BE TAXPAYER'S AGENT: WHETHER SAVINGS BANK CAN BE APPOINTED AGENT
INCOME TAX ASSESSMENT ACT 1915, ss. 3, 50A, 51 (d), fe)
The following memorandum by the Commissioner of Taxation has been submitted to me for advice:
With reference to the opinion given to you under date 25.8.19 on a case submitted to you by the Secretary to the Treasury as to the liability of the Commonwealth Bank to pay to this Department moneys deposited in current account or Savings Bank account, sections 51 (d) and (e) of the Income Tax Assessment Act read:
NATURALIZATION
CHILDREN OF NATURALIZED PERSONS: DATE WHEN DEEMED NATURALIZATION OF CHILDREN COMMENCES: DEPARTMENTAL PRACTICE CONCERNING ISSUE OF CERTIFICATES
NATURALIZATION ACT 1903, s. 10: NATURALIZATION ACT 1917: NATURALIZATION REGULATIONS, reg. 1C
The Secretary to the Department of Home and Territories has forwarded, for advice, the following memorandum:
In an opinion given by you on 8 July last(1) to the Assistant Commissioner of Pensions, regarding section 10 of the Naturalization Act 1903-1917 you state:
PROTECTION OF STATES AGAINST DOMESTIC VIOLENCE
USE OF DEFENCE FORCE TO PROTECT COMMONWEALTH INTERESTS FROM DOMESTIC VIOLENCE: REQUEST BY STATE NOT NECESSARY: USE OF CITIZEN FORCES IN CONNECTION WITH INDUSTRIAL DISPUTE
CONSTITUTION, s. 119: DEFENCE ACT 1903, ss. 45, 51
The following memorandum has been submitted to me for advice:
OLD-AGE PENSION: INCONSISTENCY
WHETHER DEMAND BY COMMONWEALTH FOR INFORMATION AS TO CIRCUMSTANCES OF PENSION CLAIMANT BINDS STATE SAVINGS BANK: PRESUMPTION OF VALIDITY OF COMMONWEALTH LAWS FALLING WITHIN AN ENUMERATED POWER: INVALIDITY OF INCONSISTENT STATE LEGISLATION
CONSTITUTION, ss. 51 (xxiii), 109: INVALID AND OLD-AGE PENSIONS ACT 1908, s. 28 (2): QUEENSLAND GOVERNMENT SAVINGS BANK ACT 1916
The following memorandum has been forwarded by the Secretary to the Treasury requesting advice:
Will the Acting Secretary kindly advise me whether the Secretary's opinion of 14 November 1910 (attached) refers to Government Savings Banks in Queensland as well as commercial banks. It will be observed that the Crown Solicitor, Queensland, is of opinion that section 28 (2) of the Invalid and Old-Age Pensions Act does not apply to Queensland Government Savings Bank.
Papers herewith.
DEFENCE FORCES
REGULATION PROVIDING FOR FORFEITURE OF UNCLAIMED PAY AND FOR PAYMENT OF FORFEITED PAY TO DEPENDANTS: POSITION OF MONEYS DUE TO PERSONS DISCHARGED BEFORE REGULATION IS MADE
DEFENCE ACT 1903, ss. 12, 124 (1) (d)
The Secretary to the Department of Defence has forwarded, for advice, the following memorandum:
Article 7 of the Royal Pay Warrant for the British Army makes the following provision:
7. All pay or other pecuniary advantages granted by this Our Warrant which shall not have been claimed within a period of 12 months shall be deemed to be forfeited, unless under such exceptional circumstances as shall be approved by Our Army Council or by an officer duly authorised by them.
PUBLIC WORKS COMMITTEE
WHETHER COMMITTEE HAS JURISDICTION TO CONSIDER REQUEST TO BE RELIEVED OF OBLIGATION TO COMPLETE CONTRACT WITH COMMONWEALTH
COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, ss. 14, IS
The Chairman of the Public Works Committee asks for advice on the matter set out in the following memorandum:
DEFENCE
BEQUEST TO DEPENDANTS OF SOLDIERS KILLED IN WAR: WHETHER COMMONWEALTH CAN LEGISLATE TO EXTEND BEQUEST TO DEPENDANTS OF SOLDIERS WHO OTHERWISE DIED AS A RESULT OF WAR SERVICE
CONSTITUTION, s. 51 (vi)
The following memorandum has been submitted to me by the Chairman of the A.I.F. Canteens Fund Trust with a request for advice:
The executors of the estate of the late Sir Samuel McCaughey propose to transfer, for administration by the trustees of the A.I.F. Canteens Fund, an amount of about £450000 representing a bequest by the late Sir Samuel McCaughey towards-
PROHIBITED IMMIGRANT
LIABILITY FOR MAINTENANCE OF PROHIBITED IMMIGRANT PENDING DEPORTATION: WHETHER LIABILITY IS LIMITED TO AMOUNT OF BOND TAKEN AS CONDITION OF PERMISSION TO LAND
IMMIGRATION ACT 1901-1912, s. 13A
The Secretary, Department of Home and Territories, has forwarded, for advice, the following memorandum:
A prohibited immigrant, a member of the crew of an overseas ship, who was suffering from feeblemindedness, was landed at Fremantle some time ago for treatment in a hospital for the insane.