Legal Opinions

Opinion Number. 1136

Subject

NAVIGATION AND SHIPPING
DEFINITION OF PASSENGER' WHETHER INCLUDES AGENTS OF SHIPPING COMPANIES

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 6

The Comptroller-General of Customs has forwarded the following memorandum for advice:

In accordance with the ruling given in the Solicitor-General's opinion of 21.7.21(1), relative to the above, the Oversea Shipping Representatives' Association was recently informed that agents in the Commonwealth of oversea shipping lines, and their staffs, do not come within the exception in the definition of 'Passenger' contained in section 6 of the Navigation Act.

The Secretary to the Association has replied as follows:

Opinion Number. 1137

Subject

WAR SERVICE HOMES
WHETHER INTEREST CAN BE CHARGED ON UNPAID INTEREST: EXTENSION OF TIME FOR PAYMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

WAR SERVICE HOMES ACT 1918, ss. 30, 45

The Chairman, War Service Homes Commission:

The War Service Homes Commissioner has forwarded the following memorandum for advice:

The sections of the Act particularly bearing on this matter are sections 30 and 45. Section 30 deals with the rate of interest to be charged in respect of any purchase money or advance and section 45 with arrears.

Your opinion is desired upon the following points:

Opinion Number. 1138

Subject

COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER STATE STAMP DUTY IS PAYABLE ON PROMISSORY NOTE TO COMMONWEALTH SMALL ARMS FACTORY: PAID IN ERROR BY BANK UNDER MISTAKE OF LAW

AuthorGARRAN Robert Randolph | Date
Key Legislation

STAMPS ACT 1915 (VIC), s. 45

The Secretary to the Treasury has forwarded me the following minute for advice:

Tylors (Water and Sanitary) Ltd, Sydney, drew a promissory note for £120 in favour of the Small Arms Ammunition Factory, Footscray. The note was payable at the Bank of Australasia, Pitt Street, Sydney.

Opinion Number. 1139

Subject

NAVIGATION AND SHIPPING
SEAMEN'S WAGES: DAY ON WHICH PAYMENT SHOULD BE MADE: EFFECT OF BANK HOLIDAYS AND BEING AT SEA

AuthorGARRAN Robert Randolph | Date
Key Legislation

ACTS INTERPRETATION ACT 1901, s. 36: NAVIGATION ACT 1912, s. 77 (2), (3)

The Comptroller-General of Customs has forwarded me the following memorandum for advice:

Sub-sections (2) and (3) of section 77 of the Navigation Act provide:

Opinion Number. 1140

Subject

REPATRIATION
PAYMENT OF GRATUITY TO EXECUTORS FOR SERVICES RENDERED BY DECEASED TO VOCATIONAL TRAINING OF RETURNED SOLDIERS: WHETHER AUTHORISED

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, s. II; Part IV

The Auditor-General has submitted the following memorandum for advice:

In connection with the payment, as an act of grace, of a gratuity of £200 by the Department of Repatriation to the executor of the late Mr Maurice Copland (formerly Principal of the School of Mines, Ballarat) for services rendered in connection with the vocational training of returned soldiers, an Audit query was raised as to whether the payment of such gratuity should not be specially voted by Parliament in accordance with the procedure usually followed in similar case.

Opinion Number. 1141

Subject

PATENTS
RIGHTS OF APPLICANT FOR PATENT WHO HAS APPLIED FOR PROTECTION IN FOREIGN COUNTRY: WHETHER RIGHTS ARE TRANSFERABLE: APPEAL TO LAW OFFICER FROM DIRECTION BY COMMISSIONER WHICH HE WAS NOT EMPOWERED TO GIVE

AuthorGARRAN Robert Randolph | Date
Key Legislation

PATENTS ACT 1903, ss. 32, 42, 43. 121

I am in receipt of your minute herein of 3 June 1921.

I do not agree with the interpretation placed by the Law Officer upon the words 'any person who has applied for protection' in a foreign country, which are contained in section 121 of the Patents Act.

Opinion Number. 1142

Subject

FILM CENSORSHIP
WHETHER FILMS RELEASED FROM CUSTOMS CONTROL CAN AFTERWARDS BECOME A PROHIBITED IMPORT: USE OF UNDERTAKINGS TO ENFORCE CONTROLS AFTER IMPORTATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

CUSTOMS ACT 1901: CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS 1919, regs 11, 13, 14, 16, 17; Form I

The Comptroller-General of Customs has submitted to me the following minute for advice:

In view of doubts which are held as to the validity of certain sections of the Customs (Cinematograph Films) Regulations 1919 (copy attached), it is suggested that the Attorney-General's Department be requested to favour the Censorship with early advice on the following points:

Opinion Number. 1143

Subject

WAR GRATUITY
CANCELLATION OF BONDS SUSPECTED OF BEING IN POSSESSION OF PERSON OTHER THAN PERSON TO WHOM BONDS WERE ISSUED

AuthorGARRAN Robert Randolph | Date
Key Legislation

WAR GRATUITY REGULATIONS, reg. 16

The Secretary to the Treasury has forwarded for advice the following memorandum:

Messrs A.B. & Son of King William Street, Adelaide, are known to have received from bond owners certain War Gratuity Bonds.

Opinion Number. 1144

Subject

REPATRIATION
MEANING OF 'BLINDED': INCLUDES DEFECTIVE EYESIGHT THAT PRECLUDES EARNING A LIVING

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920. Second Schedule

The Chairman of the Repatriation Commission has forwarded for advice the following memorandum:

Under the Second Schedule to the Australian Soldiers' Repatriation Act 1920, a special pension of £8 per fortnight may be granted to a blinded soldier not maintained in an establishment at the public expense.

The Commission has up to the present granted the special rate of pension to totally blinded soldiers and to those who, at the best, can merely discern light from darkness.

Opinion Number. 1145

Subject

PUBLIC SERVICE
WHETHER POSTMASTER-GENERAL CAN REVIEW DISMISSAL PURSUANT TO ORDER IN COUNCIL

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46

The Postmaster-General has forwarded me the following memorandum for advice: