Legal Opinions

The Secretary to the Prime Minister's Department has forwarded me the following memorandum for advice:

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

The Secretary, Department of Defence, has submitted the following memorandum to me for advice:

With reference to Defence 48583 of 8 October 1921, asking for advice as to the extent of the application of section 119 of the Defence Act, I am directed to ask for the favour of consideration in connection with that correspondence of the following particular case.

The Acting Comptroller-General has forwarded for advice the following memorandum from the Collector of Customs, South Australia:

The above Act provides that a statutory declaration may be made before (among others) a Justice of the Peace.

In South Australia there is in force the Declarations and Attestations Act 1913 (4 Geo.V, No.1114) which provides:

4 Whenever by or under any Act it is provided-

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

Section 132 of the Navigation Act 1912-1920 provides, inter alia, that:

(1) Where a seaman or apprentice belonging to a ship registered in Australia is left on shore at any place in Australia, in any manner authorized by law, by reason of illness or accident in the service of the ship incapacitating him from following his duty, he shall be entitled-

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

The Federal Territory Ordinance relating to stock gazetted on 7 December 1920 provides for the establishment of a Stock Fund, into which all moneys received under the Ordinance are to be paid and utilised for the payment of expenses of administration of the Ordinance and for the destruction of noxious animals.

I am in receipt of your memorandum dated 19 November 1921, in reference to my opinion dated 6 September 1921⁽¹⁾, relative to the date which should be taken for the valuation of expropriated properties in New Guinea.

In the opinion referred to I stated as follows:

As regards the date in respect of which the valuation is to be made, I am of opinion that, for the purposes of Article 297, the valuation should be made as at the date at which the property is liquidated, that is, the date of the expropriation.

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

I desire to refer to my interview with you at which you expressed the view that the amending Repatriation Bill would not be retrospective in its operation, but that any expenditure incurred under the amended section 23 could take effect not sooner than the date on which the new Bill became law.

In discussing the matter with the Minister he asked that, for purposes of record, your opinion be obtained in writing. I should be glad if this could be done.

The Assistant Commissioner of Pensions has forwarded, for advice, the following memorandum:

The Secretary of the River Murray Commission has forwarded me the following memorandum for advice:

During the discussion by the River Murray Commission at its recent meeting of the subject of tolls, the question was raised as to the interpretation to be placed upon the first sentence of clause 42 of the Agreement, which reads:

No tolls shall be collected, in respect of navigation except such as are prescribed by the Commission for the use of weirs and locks constructed for the purposes of this Agreement.