MURRAY RIVER WATERS
LEVEL OF TOLLS THAT MAY BE LEVIED ON VESSELS PASSING THROUGH LOCKS RIVER MURRAY WATERS
ACT 1915, ss. 15, 16, 17
The President, River Murray Commission:
The President of the River Murray Commission has asked for advice as to what should be the legal basis for a toll imposed upon vessels passing through locks, constructed under the River Murray Act and Agreement.
PUBLIC SERVICE ARBITRATION
WHETHER ARBITRATOR CAN AWARD LEAVE ON PAY TO PREPARE CASE BEFORE ARBITRATOR
ARBITRATION (PUBLIC SERVICE) ACT 1920. ss. 12. 18, 19
The Secretary, Prime Minister's Department:
I am in receipt of your memorandum of 18 October 1921, requesting advice as to whether the Public Service Arbitrator in making a determination relating to the Postal Electricians' Union was acting in excess of his statutory powers in including a provision that representatives of the Union should have for a period of one week when on leave full pay for the purpose of preparing and conducting the case.
NATIONALITY
EFFECT OF CERTIFICATE OF NATURALIZATION LIMITED TO -COMMONWEALTH': WHETHER COMMONWEALTH' INCLUDED MANDATED TERRITORY OF NEW GUINEA: RETROSPECTIVE EFFECT OF GERMAN NATIONALITY LAW
NATURALIZATION ACT 1903, ss. 5, 6, 8, 9, 10, 13: NATIONALITY ACT 1920, Second Schedule: EXPROPRIATION ORDINANCE 1920 (N.G.): LAW ON NATIONALITY 1870 (GERMANY): LAW ON IMPERIAL AND STATE NATIONALITY 1913 (GERMANY), ss. 25, 37: TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Part X: MANDATE FOR THE ADMINISTRATION OF GERMAN POSSESSIONS IN THE PACIFIC OCEAN, Art. 2
The Secretary to the Prime Minister's Department has forwarded me a minute of 17 August 1921 requesting advice as to whether Mr Brown's report of 2 August on the case of A.B. affects the opinion given by me on 16 June last that a certificate of naturalization under the Naturalization Act 1903 does not enable the holder to claim British nationality in the Territory of New Guinea.(1)
CIVIL EMPLOYMENT IN DEFENCE FORCE
USE OF CIVIL OFFICES UNDER DEFENCE ACT TO STAFF DEPARTMENT OF DEFENCE: WHETHER PERSON CAN BE PUBLIC SERVANT AND MEMBER OF DEFENCE FORCE AT THE SAME TIME
DEFENCE (CIVIL EMPLOYMENT) ACT 1918, ss. 10, 14 (c), (d). 15 (3), (4)
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
NAVIGATION AND SHIPPING
BRITISH ACT OF 1921: WHETHER EXTENDS TO DOMINIONS
MERCHANT SHIPPING ACT 1921 (IMP.), s. 1 (1). (2)
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
The following communication has been received from the Australasian Steamship Owners' Federation:
ENEMY PROPERTY
REPATRIATION OF GERMAN NATIONALS: WHETHER COSTS CAN BE CHARGED AGAINST EXPROPRIATION FUNDS
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919). Part X, Section IV
The Secretary to the Prime Minister's Department has forwarded me the following memorandum for advice:
With reference to your [memorandum] of 17 September(1), the purport of which was sent to the Secretary to the Treasury, with my [memorandum]of 19 September, I beg to inform you that a reply as follows has been received from the Secretary to the Treasury:
DEFENCE FORCES
MEANING OF 'ANY CHARGE': LIMITED TO CHARGES FOR NAVAL OR MILITARY OFFENCES
DEFENCE ACT 1903, s. 119
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
Section 119 of the Defence Act reads as follows:
No member of the Defence Force shall, except as prescribed, receive any pay or allowances while under any charge of which he is afterwards convicted by any Court or by his Commanding Officer, or while under sentence of penal servitude, imprisonment, detention or field punishment by any Court or by his Commanding Officer, or during absence from duty without leave.
NATIONALITY
DUAL NATIONALITY: WHETHER A GERMAN UNDER GERMAN LAW WHO WAS ALSO A BRITISH SUBJECT UNDER AUSTRALIAN LAW WAS A GERMAN NATIONAL UNDER TREATY OF PEACE
LAW ON NATIONALITY 1870 (GERMANY), s. 21: LAW ON IMPERIAL AND STATE NATIONALITY 1913 (GERMANY): TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 278: TREATY OF PEACE REGULATIONS, reg. 20
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
The names of Dr and Mrs Finselbach appear on the list of cases referred to the Royal Commission respecting the property of German nationals resident in Australia.
COMMONWEALTH SECURITIES
STOLEN CERTIFICATES AND BONDS: RIGHTS OF THIRD PARTIES COMMONWEALTH INSCRIBED
STOCK ACT 1911
The Secretary to the Treasury asks for advice on the questions raised in the following memorandum:
PASSPORTS
REFUSAL OF PASSPORTS TO PERSONS EVADING DOMESTIC OBLIGATIONS: NOT RELEVANT TO PERSONS LEAVING FOR NEW ZEALAND
PASSPORTS ACT 1920, s. 3 (2) (d)
The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:
From time to time requests are received from the public that passports to leave the Commonwealth be refused to persons whose desire is to evade their domestic obligations. Where these requests prove to be bona fide, it has been the practice of the Department to refuse passports until satisfactory arrangements have been made to meet such obligations.