Legal Opinions

The Comptroller-General of Customs has submitted for advice the following questions raised by Messrs Brown and Dureau Ltd:

The Secretary, Department of Home and Territories, has submitted the following memorandum to me for advice:

With reference to section 9, sub-section (1) of the War Precautions Act Repeal Act 1920, which reads:

When any British subject arrives from overseas at any port in the Commonwealth, a prescribed officer may require him, before he is permitted to land in the Commonwealth, to make and subscribe an oath or affirmation in the form in the Schedule to this Act.

I am in receipt of your minute of 23 February 1921, submitting for my perusal and comments copies of certain cable communications between the Secretary of State, the Commonwealth, and the Prime Minister of New Zealand, relating to the application to vessels trading between the Commonwealth and Nauru of the coasting trade provisions of the Navigation Act 1912-1920.

In one sense the Island of Nauru is a 'territory governed by the Commonwealth under a Mandate' inasmuch as the Commonwealth participates in the government of the Territory under that authority.

The Chief Electoral Officer has forwarded for advice the following memorandum:

I shall be pleased to receive advice, in respect of each State excepting Tasmania, as to the persons other than aboriginal natives of Australia who are to be excluded pursuant to section 25 of the Constitution in reckoning the number of the people of the State and of the Commonwealth for the purposes of section 24 of the Constitution.

The Secretary of the Air Council has forwarded me the following minute for advice:

Section 2 of the Commonwealth Air Navigation Act No. 50 of 1920 provides that: 'This Act shall commence in relation to the several States and Territories on such days as are respectively fixed by Proclamation', and the Regulations contemplated by the Act relate to-

The Naval Secretary has forwarded for advice the following memorandum:

The Comptroller-General of Customs has forwarded me the following minute for advice on the question raised therein:

In the draft Regulations under the Navigation Act relating to the life-saving appliances to be carried by ships, prepared by the late Director (Captain D.P. Davies), provision is made in regard to, among other things, the following classes of ships: Limited Coast-trade and River and Bay. [Table listing particulars of classes VI-XII omitted.]

The Secretary, Department of the Joint House Committee, has forwarded to me for advice the following minute:

I have the honour to ask the favour of an opinion on the following question: Some of the employees of the Department of Joint House Committee, who have not been permanently appointed by Order in Council, nor exempted from the provi-sions of the Public Service Act, have occupied their positions continuously for some years, for periods dating back variously to 1919, 1915, 1911, 1906 and in one case 1901.

The Secratary, Department of Works and Railways:

In an opinion dated 24 January 1921⁽²⁾ I expressed the opinion that in conse-quence of the amendments made by the Parliament of New South Wales in the River Murray Waters Agreement-

The Secretary, Department of Works and Railways, has referred to the Department of the Attorney-General the question as to the necessity of a reference to the Public Works Committee of the following works: