CUSTOMS DUTY
TIME OF IMPOSITION OF DUTIES IN NEW TARIFF ANTEDATED TO A TIME BEFORE ASSENT TO TARIFF: POSITION WHERE NEW TARIFF IMPOSED LOWER DUTIES THAN THOSE PREVIOUSLY APPLYING: SPECIFIC PROVISION PROVIDING THAT PREVIOUS HIGHER DUTIES SHOULD BE COLLECTED AND PAID ON GOODS ENTERED FOR HOME CONSUMPTION BEFORE DATE OF ASSENT
CUSTOMS TARIFF 1921, ss. 5, 6, 14; Schedule, Item 381 (D)
The Comptroller-General of Customs has submitted the following minute for advice:
Edments view apparently is that if the Department accepts in anticipation the new higher duties as having the force of law it should take the same course in regard to new lower duties and not require deposits of extra duty.
Whatever force this view may have it does not appear to have much bearing on the legality of the collection and refund of deposits, in view of section 14 of the Customs Tariff Bill.(1)
PUBLIC SERVICE OF NORTHERN TERRITORY
WHETHER NORTHERN TERRITORY PUBLIC SERVANTS ARE PERSONS TO WHOM COMMONWEALTH PUBLIC SERVICE LEGISLATION APPLIES
COMMONWEALTH PUBLIC SERVICE ACT 1902: NORTHERN TERRITORY ACCEPTANCE ACT 1910, ss. 11, 12: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910, ss. 4 (3), 13 (1): PUBLIC SERVICE ORDINANCE 1913 (NT.)
The Secretary to the Department of Home and Territories has requested advice as to whether public servants of the Northern Territory are Commonwealth public servants in the sense that they have all the rights, privileges and disabilities conferred or imposed on public servants under the Commonwealth Public Service Act 1902-1918.
COMMONWEALTH IMMUNITY FROM STATE LAWS
BILLS OF LADING ISSUED BY COMMONWEALTH: INSURANCE POLICIES ISSUED TO COMMONWEALTH: APPLICABILITY OF STATE STAMP DUTY
CONSTITUTION, s. 114: STAMP DUTIES ACT 1898 (N.S.W.), ss. 33, 34; Second Schedule: STAMP DUTIES ACT 1920 (N.S.W.), Second Schedule
The Secretary, Department of Defence, has forwarded me the following memorandum for advice:
With reference to your opinion of 20 July, relative to the above-mentioned subject, I would advert to my letter of 18 March 1920, enclosing a copy of opinion of 15.1.20 by the Crown Solicitor in which he advised that stamp duty was not payable on an insurance policy issued to the Commonwealth. I shall be glad to know whether your opinion regarding bills of lading will apply to insurance policies also.
NAVAL FORCES OF COMMONWEALTH
DISCHARGED PERSON OFFERING TO TAKE UP GRIEVANCES OF MEMBERS OF NAVAL FORCES FOR FEE: WHETHER ACTION CAN BE TAKEN AGAINST PERSON
NAVAL DEFENCE ACT 1910
The Secretary to the Department of the Navy has forwarded, for advice, the following memorandum:
I am commanded by the Naval Board to forward herewith, for your information, copy of a communication received by the Naval Board from Mr A.B.C, ex-Chief Engine Room Artificer, who was discharged from the Royal Australian Navy on 31 October 1916.
ELECTORAL ENROLMENT
ABORIGINAL NATIVE OF ASIA WHO HAD A RIGHT TO VOTE IN STATE ELECTIONS IN 1901: RIGHT TO VOTE IN FEDERAL ELECTIONS NOTWITHSTANDING LONG ABSENCE FROM AUSTRALIA
CONSTITUTION, s. 41: COMMONWEALTH ELECTORAL ACT 1918, s. 39 (5)
The Chief Electoral Officer has forwarded for advice the following memorandum:
EMPLOYMENT OF HALF-CASTES IN CARRIAGE OF MAILS
MEANING OF WHITE LABOUR: INCLUDES HALF-CASTES
POST AND TELEGRAPH ACT 1901, s. 16: IMMIGRATION RESTRICTION ACT 1901: COMMONWEALTH FRANCHISE ACT 1902
The Acting Secretary, Postmaster-General's Department, forwards the following memorandum for advice:
I beg to refer to the following extracts from opinions forwarded by you on 13.6.06 to the then Postmaster-General, viz:
Extract from minute of 31.9.05 on question under the Commonwealth Franchise Act: 'Recommend to advise that half-castes are not disqualified, but that all persons in whom the aboriginal blood preponderates are disqualified'.
The Attorney-General minuted on this: 'I think this is reasonable and should be followed'.
NORTHERN TERRITORY LAWS
DATE ON WHICH APPOINTMENT AS NORTHERN TERRITORY JUDGE TOOK EFFECT: WHETHER PROPER TO PRACTISE AS SOLICITOR BEFORE ACTUALLY COMMENCING DUTIES AS JUDGE
SUPREME COURT ORDINANCE 1911 (NT.), s. 8
Secretary, Department of Home and Territories, has forwarded me the following minute for advice:
The following telegram has been received from the Government Secretary, Darwin: Gerald Hogan, Special Magistrate, writes me as follows:
NATURALIZATION
WHETHER PORTUGUESE NATIONALITY IS LOST BY NATURALIZATION IN AUSTRALIA
NATURALIZATION ACT 1903. s. 8: NATIONALITY ACT 1920
The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:
Referring to the opinion conveyed in your memorandum of 16 August 1911, as to whether a person born in Portugal and naturalized in Australia was entitled to British protection on his return to Portugal, it was stated as follows: ' . . . if a person, born in Portugal, but naturalized in Australia, returns to Portugal, he is subject to Portuguese law as regards military service'.(1)
TAXATION
DELIMITATION OF SPHERES OF TAXATION BETWEEN COMMONWEALTH AND THE STATES: SURRENDER OF COMMONWEALTH TAXING POWER TO THE STATES AND VICE VERSA: TAX SHARING ARRANGEMENTS: LEVY OF COMMONWEALTH TAXES ON THE STATES
CONSTITUTION, ss. 51 (ii). (xxxvii). 99
The Chairman, Royal Commission on Taxation:
The Chairman of the Royal Commission on Taxation has forwarded me the following memorandum for advice:
In our deliberations on the question of the delimitation of spheres of taxation between the Commonwealth and States, certain matters have arisen upon which we should be glad to have your opinion. We should be grateful therefore if you would favour us with answers to the following questions:
NAVIGATION AND SHIPPING
WHETHER AUSTRALIAN LEGISLATION COULD APPLY TO DISTRESSED SEAMEN LEFT BEHIND ABROAD FROM AUSTRALIAN SHIPS: CONFLICT WITH IMPERIAL LEGISLATION
NAVIGATION ACT 1912, ss. 127, 132: MERCHANT SHIPPING ACT 1894 (IMP.), ss. 207, 261, 265: MERCHANT SHIPPING ACT 1906 (IMP.), Part IV; ss. 34. 86
The Comptroller-General has forwarded me the following minute for advice:
Section 132 of the Navigation Act provides that where a seaman or apprentice belonging to a ship registered in Australia is left at any place in Australia by reason of illness or accident in the service of the ship, incapacitating him from following his duty, such seaman or apprentice shall be entitled to certain benefits in the way of continuance of wages, provision of a free passage to his home port, etc.