CUSTOMS
CONFERRAL OF COMMONWEALTH POWERS ON STATE OFFICERS: FEDERAL-STATE CO-OPERATION IN DEALING WITH STEALING ON WHARVES
CUSTOMS ACT 1901
The Acting Comptroller-General, Department of Trade and Customs, forwards the following letter from the Premier of Western Australia for advice:
Arrangements have been made by this Government for the appointment of a special staff of police at Fremantle to deal with pillaging of ships' cargoes, and such staff has already been brought into being.
AIR NAVIGATION
REFERRAL OF POWERS BY STATES TO COMMONWEALTH TO CARRY OUT PARIS CONVENTION ON AERIAL NAVIGATION: EXTENT OF COMMONWEALTH POWER TO CONTROL INTRA-STATE AIR NAVIGATION AS INCIDENTAL TO CARRYING OUT CONVENTION AND CONTROLLING INTER-STATE AIR NAVIGATION
CONSTITUTION, s. 51 fi), (xxix), (xxxix): COMMONWEALTH POWERS (AIR NAVIGATION) ACT 1920 (VIC), s. 3
The Secretary to the Air Council has forwarded for advice the following memorandum of the Controller of Civil Aviation:
I do not think that the Commonwealth Powers (Air Navigation) Act 1920, passed by the Victorian Legislative Council on Friday, 17 December 1920, is substantially in accordance with the draft New South Wales Bill submitted by the Premier of New South Wales.
NAVIGATION AND SHIPPING
RIVER AND BAY SHIP': MEANING OF PORT, 'BAY', GULF': USUAL GEOGRAPHICAL MEANING: CRITERIA FOR DETERMINING LIMITS OF PORT: POWER TO PRESCRIBE LIMITS
CUSTOMS ACT 1901, ss. 4, 15: NAVIGATION ACT 1912, s. 6
The Acting Comptroller-General of Customs has submitted the following memorandum to me for advice:
WAR GRATUITY
DISCRETION TO WITHHOLD PAYMENT OF WAR GRATUITY: WHETHER MINISTER HAS POWER TO WITHHOLD PAYMENT WHERE DISCRETION IS VESTED IN PRESCRIBED AUTHORITY
WAR GRATUITY ACTS 1920, ss. 3, 8 (1)
The Secretary to the Department of the Treasury has forwarded for advice the following memorandum:
Under the War Gratuity Act (section 8) the prescribed authority may withhold any war gratuity payable under the Act. In this connection the question has now been raised whether the Minister also may withhold a gratuity, or whether the gratuity must be paid if the claimant is entitled to it under the Act and the War Gratuity Board does not withhold it. Will you please be good enough to furnish advice on this matter.
MURRAY RIVER WATERS
AGREEMENT AMENDING AGREEMENT BETWEEN COMMONWEALTH AND PARTICIPATING STATES: PURPORTED RATIFICATION BY NEW SOUTH WALES WITH ALTERATIONS: EFFECT OF ALTERATIONS
RIVER MURRAY WATERS ACT 1915, Schedule: RIVER MURRAY WATERS ACT 1915-1920, First Schedule, Second Schedule: RIVER MURRAY WATERS ACT 1915 (N.S.W.), Schedule: RIVER MURRAY WATERS (AMENDMENT) ACT 1920 (N.S.W.), ss. 4, 13
The Secretary to the Department of Works and Railways states that the Parliament of New South Wales has ratified the amending River Murray Waters Agreement which was executed by the representatives of the Commonwealth and the States of New South Wales, Victoria and South Australia on 23 November 1920, but has made certain alterations in the amending Agreement.
The Parliaments of the Commonwealth and of the States of Victoria and South Australia have ratified the Agreement as executed.
The Secretary asks:
EXTERNAL AFFAIRS
WHETHER COMMONWEALTH HAS POWER TO ENTER INTO TREATY DEALING WITH RAILWAY RATES: MATTERS ORDINARILY WITHIN COMPETENCE OF STATES: POWER TO LEGISLATE TO FULFIL TREATY OBLIGATIONS
CONSTITUTION, s. 51 (i). (xxix): DRAFT CONVENTION ON FREEDOM OF TRANSIT, Statute. Art. 5
These papers are transmitted to me for advice on the legal questions raised in Mr Knowles's memorandum of 2 December 1920.
These questions are:
COMMONWEALTH IMMUNITY FROM STATE LAWS
STATE STAMP DUTY: WHETHER DECLARATIONS MADE UNDER INVALID AND OLD-AGE PENSIONS LEGISLATION ARE SUBJECT TO DUTY: MEANING OF 'STATUTE' IN STATE ACT
INVALID AND OLD-AGE PENSIONS ACT 1908: STAMP DUTIES ACT 1920 (N.S.W.), Second Schedule
The Secretary to the Treasury has submitted the following memorandum for advice:
It has come under notice that under the New South Wales Stamp Duties Act 1920 declarations made under statute require payment of 2s 6d stamp duty by the person making the declaration.
AIR FORCE
POWER TO CONSTITUTE AUSTRALIAN AIR FORCE: APPLICATION OF IMPERIAL LEGISLATION TO FORCE: LEGAL MEASURES NECESSARY TO ESTABLISH FORCE
DEFENCE ACT 1903, s. 33
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
WAR GRATUITY
WHETHER WAR GRATUITY CONSTITUTES PROPERTY FOR PURPOSES OF INVALID AND OLD-AGE PENSION LEGISLATION: EFFECT OF PROCEEDS OF GRATUITY MIXING WITH OTHER MONEYS IN PENSIONER'S BANK ACCOUNT: POSITION OF PROPERTY PURCHASED FROM GRATUITY
INVALID AND OLD-AGE PENSIONS ACT 1908, s. 24 (2): WAR GRATUITY ACTS 1920, s. 18
The Secretary to the Department of the Treasury has forwarded for advice the following memorandum:
With reference to the Solicitor-General's opinion of 25 January 1921(1) on the above subject, I shall be glad if you will kindly advise me further on the following points:
REPATRIATION: DEFENCE FORCES
ELIGIBILITY FOR PENSIONS AND BENEFITS OF PERSONS WHO ENLISTED AFTER ARMISTICE WITH GERMANY: MEANING OF DURING THE PRESENT WAR'
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, ss. 22, 23 (a), (b). 46 (2)
The chairman of the Repatriation Comission has forwarded for advice the following memorandum:
The question has arisen as to the eligibility for benefits under the Australian Soldiers' Repatriation Act 1920, of a man who enlisted subsequent to the signing of the Armistice for service outside the Commonwealth.