The Comptroller-General of Customs has submitted for advice the following questions raised by Messrs Brown and Dureau Ltd:
Legal Opinions
Opinion Number. 1046
Subject
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WAR PRECAUTIONS REQUIREMENT THAT INFORMATION IN RESPECT OF OVERSEAS COMPANIES BE FURNISHED TO COLLECTOR OF CUSTOMS BY AGENTS IN AUSTRALIA: WHETHER REQUIREMENT CAN BE SATISFIED BY COMPANIES SUPPLYING INFORMATION DIRECT TO COLLECTOR
Key Legislation
WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 19 (I), (2), (5) (a)
Opinion Number. 1047
Subject
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WAR PRECAUTIONS: IMMIGRATION: DELEGATION OF MINISTERIAL POWERS BRITISH SUBJECT ARRIVING IN AUSTRALIA REQUIRED TO TAKE OATH BEFORE BEING PERMITTED TO LAND: EFFECT OF TEMPORARY VISIT ASHORE BEFORE LANDING': WHETHER MINISTER CAN DELEGATE POWER TO PREVENT INTENDING IMMIGRANT FROM ENTERING COMMONWEALTH
Key Legislation
IMMIGRATION ACT 1901-1920, ss. 3, 3J: WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 9(1)
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.
Opinion Number. 1048
Subject
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NAVIGATION AND SHIPPING: NAURU APPLICATION OF COASTING TRADE PROVISIONS OF NAVIGATION LEGISLATION TO SHIPS TRADING BETWEEN COMMONWEALTH AND NAURU: LAWS TO OPERATE IN NAURU: NATURE OF NAURU MANDATE
Key Legislation
NAVIGATION ACT 1912, ss. 2, 6, 7
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.
Opinion Number. 1049
Subject
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HOUSE OF REPRESENTATIVES CALCULATION OF NUMBER OF MEMBERS FOR A STATE: RECKONING TO EXCLUDE PERSONS OF ANY RACE WHOLLY EXCLUDED FROM STATE ELECTIONS: WHETHER STATE LAWS EXCLUDE ALL PERSONS FROM ANY RACE
Key Legislation
CONSTITUTION, ss. 24, 25, 127: NATURALIZATION ACT 1903. s. 5: NATIONALITY ACT 1920: NATURALISED SUBJECTS FRANCHISE ACT 1916 (N.S.W.), ss. 1, 4: CHINESE ACT 1915 (VIC), ss. 3, 4: ELECTIONS ACT 1915 (QLD), s. 11: ELECTORAL CODE 1908 (S.A.), s. 5: ELECTORAL ACT 1907 (W.A.). s. 18 (d)
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.
Opinion Number. 1050
Subject
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AIR NAVIGATION WHETHER AIR NAVIGATION LEGISLATION CAN BE BROUGHT INTO OPERATION WITHOUT REFERRAL OF POWERS BY STATES: EXTENT OF COMMONWEALTH POWER OVER INTRA-STATE AIR NAVIGATION
Key Legislation
CONSTITUTION, s. 51 (i), (vi). fxxixj. (xxxix): AIR NAVIGATION ACT 1920, ss. 2, 4: AIR NAVIGATION REGULATIONS, reg. 11
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-
Opinion Number. 1051
Subject
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AUDITOR-GENERAL NAVAL EXPENDITURE: EXTENT OF AUDITOR-GENERAL'S POWER TO INSPECT BOOKS AND ACCOUNTS OF NAVAL SHIPS
Key Legislation
AUDIT ACT 1901, ss. 45, 63A
The Naval Secretary has forwarded for advice the following memorandum:
Opinion Number. 1052
Subject
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NAVIGATION AND SHIPPING WHETHER COMMONWEALTH HAS POWER TO PRESCRIBE LIFE-SAVING APPLIANCES TO BE CARRIED ON SHIPS ENGAGED IN INTRA-STATE SHIPPING
Key Legislation
CONSTITUTION, ss. 51 (i), (xxxix), 98: NAVIGATION ACT 1912, s. 215
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.]
Opinion Number. 1053
Subject
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PUBLIC SERVICE WHETHER TEMPORARY EMPLOYEES ACQUIRE ANY SPECIAL RIGHTS BY REASON OF LONG SERVICE: WHETHER TEMPORARY EMPLOYEES MAY PROPERLY BE PERMANENTLY APPOINTED WITH RETROSPECTIVITY
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902
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.
Opinion Number. 1054
Subject
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MURRAY RIVER WATERS AGREEMENT AMENDING AGREEMENT BETWEEN COMMONWEALTH AND PARTICIPATING STATES: PURPORTED RATIFICATION BY NEW SOUTH WALES WITH ALTERATIONS: EFFECT OF ALTERATIONS: ACTION NECESSARY TO REMEDY DEFECT
Key Legislation
RIVER MURRAY WATERS ACT 1915, Schedule: RIVER MURRAY WATERS ACT 1915-1920, First Schedule. Second Schedule: RIVER MURRAY WATERS ACT 1915 (N.S.W.), ss. 13A, 13B, 13C, 13D; Schedule: RIVER MURRAY WATERS (AMENDMENT) ACT 1920 (N.S.W.), ss. 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 13: RIVER MURRAY WATERS ACT 1915-1920 (N.S.W.), First Schedule, Second Schedule
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-
Opinion Number. 1055
Subject
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PUBLIC WORKS COMMITTEE WHETHER PROPOSED ERECTION OF CERTAIN GROUPS OF COTTAGES IN CANBERRA SHOULD BE REFERRED TO PUBLIC WORKS COMMITTEE: WHETHER EACH GROUP IS A SEPARATE WORK
Key Legislation
COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, s. 15
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: