The War Service Homes Commissioner has forwarded for advice the following memorandum:
Legal Opinions
Opinion Number. 1027
Subject
| Date
WAR SERVICE HOMES
POWERS OF WAR SERVICE HOMES COMMISSIONER TO SELL LAND WHERE PURCHASER IS IN DEFAULT: APPLICATION OF PROCEEDS OF SALES
Key Legislation
WAR SERVICE HOMES ACT 1918. ss. 30A, 31 (2). 32 (2). 33 (b). 34, 35 (2). 36 (1). (2)
Opinion Number. 1028
Subject
| Date
ROYAL COMMISSIONS
RATES OF PAYMENT OF ROYAL COMMISSIONERS: WHETHER GOVERNOR-GENERAL HAS POWER TO FIX RATES: POWER OF MINISTER TO AUTHORISE PAYMENT
Key Legislation
CONSTITUTION, s. 61: ROYAL COMMISSIONS ACT 1902, s. 1A
The Secretary to the Prime Minister's Department has requested advice as to whether the rate of payment of a member of a Royal Commission appointed under the Royal Commissions Act 1902-1912 should be fixed by the Governor-General, or whether it is sufficient for the rate of payment to be approved by a Minister of State.
Opinion Number. 1029
Subject
| Date
NAVIGATION AND SHIPPING: NAURU
FIRST PORT OF CLEARANCE AND PORT OF DESTINATION: APPLICATION OF COMMONWEALTH LEGISLATION TO VOYAGES TO NAURU AND OCEAN ISLAND: STATUS OF MANDATED TERRITORY OF NAURU
Key Legislation
CONSTITUTION, covering cl.5: NAVIGATION ACT 1912, ss. 1A, 6, 7
The following minute has been submitted to me for advice:
The Pacific Phosphate Company desire to be informed as to whether vessels chartered by it and trading to-
- Ocean Island; and
- Nauru,
come within the scope of the Navigation Act.
Opinion Number. 1030
Subject
| Date
PROHIBITED EXPORTS
WHETHER CUSTOMS CLEARANCE OF VESSEL CAN BE WITHHELD WHERE VESSEL IS CARRYING PROHIBITED EXPORTS: EFFECT OF COLLECTOR'S PERMIT TO EXPORT CONTRARY TO PROCLAMATION PROHIBITING: CIRCUMSTANCES IN WHICH PERMIT GIVING RIGHTS CAN BE REVOKED
Key Legislation
CUSTOMS ACT 1901, ss. 112, 122
The Comptroller-General of Customs has submitted the following minute with a request for advice:
The favour of advice is requested as to whether under the following circumstances this Department has authority to withhold the clearance of a vessel:
Opinion Number. 1031
Subject
| Date
ELECTIONS
POSTAL VOTING: ISSUE OF POSTAL VOTE CERTIFICATE NOTED AGAINST WRONG PERSON'S NAME: CIRCUMSTANCES IN WHICH SUCH PERSON CAN VOTE AT POLLING
Key Legislation
COMMONWEALTH ELECTORAL ACT 1918. ss. 91 (3), 115. 219
The following memorandum has been submitted to me for advice by the Chief Electoral Officer:
It occasionally happens, owing to the similarity of names on the certified list of voters, that a name is noted on the list as that of a person to whom a postal ballot-paper and postal vote certificate have been issued when in fact the elector has not made an application for, nor has there been issued to him, a postal vote certificate and postal ballot-paper.
Opinion Number. 1032
Subject
| Date
COURTS AND JUDGES
REMOVAL OF JUDGE: CIRCUMSTANCES IN WHICH DEPUTY JUDGE AND SPECIAL MAGISTRATE OF NORTHERN TERRITORY MAY BE REMOVED: MISBEHAVIOUR DURING PREVIOUS PERIOD OF APPOINTMENT
Key Legislation
LOCAL COURTS ACT 1886 (S.A.), s. 14: SUPREME COURT ORDINANCE 1911 (NT.), ss. 8 (1), 10B: PUBLIC SERVICE ORDINANCE 1913 (NT.)
The Secretary to the Department of Home and Territories has forwarded a file relating to the appointment of Mr Gerald Hogan as Special Magistrate and Deputy Judge of the Northern Territory and to the request by three legal practitioners of Darwin for his removal from the ofiices of Deputy Judge and Special Magistrate and requests advice as to-
Opinion Number. 1033
Subject
| Date
MONEY ORDERS AND POSTAL NOTES
PROPOSED REGULATIONS TO RESTRICT ISSUING OR SELLING MONEY ORDERS AND POSTAL NOTES: NATURE OF MONEY ORDERS AND POSTAL NOTES: WHETHER LEGAL TENDER
Key Legislation
POST AND TELEGRAPH ACT 1901, ss. 97 (k), (I), 123
The Acting Secretary, Postmaster-General's Department, has referred the following memorandum for advice:
These papers containing draft Regulations have just come under my notice. I do not think the draft Regulations should be submitted to the Governor-General in Council for approval.
Opinion Number. 1034
Subject
| Date
FEDERAL SHIPBUILDING SCHEME
WHETHER SHIPBUILDING AGREEMENT OBLIGES COMMONWEALTH TO COMPLY WITH STATE AWARD: EMPLOYEES' ENTITLEMENT TO TAKE ADVANTAGE OF MORE FAVOURABLE AWARD
Key Legislation
The Secretary to the Prime Minister's Department has forwarded, for advice, the question of the application, to the clerks employed at the Commonwealth Dockyards and at Cockatoo Island, New South Wales, of the award, dated 3 October 1919, of the Commonwealth Court of Conciliation and Arbitration in the matter of the Commonwealth Temporary Clerks' Association and Public Service Commissioner and Others 13 C.A.R. 547 at p. 557, and of the award, dated 25 June 1920, of the New South Wales Court of Industrial Arbitration (Clerks' (Metropolitan) Award).
Opinion Number. 1035
Subject
| Date
DEFENCE FORCES: COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER MILITARY ESTATE OF DECEASED SOLDIER IS EXEMPT FROM STATE SUCCESSION DUTY: WHETHER COMMONWEALTH IS OBLIGED TO FURNISH PARTICULARS OF MILITARY ESTATE TO STATE AUTHORITIES
Key Legislation
The Secretary to the Department of Defence has forwarded for advice certain correspondence which has passed between the District Finance Officer, 3rd Military District, and the Curator of Estates of Deceased persons for Victoria relative to the inclusion of the amount of the military estates of deceased soldiers in the total value of their estates for the purpose of estimating the succession duties payable thereon.
The Secretary states: