Legal Opinions

Opinion Number. 1176

Subject

NATURALIZATION
SYRIAN NATURALIZED UNDER REPEALED ACT: DETAINED IN SYRIA FOR EIGHT YEARS: WHETHER ENTITLED TO NATURALIZATION CERTIFICATE

AuthorGARRAN Robert Randolph | Date
Key Legislation

NATIONALITY ACT 1920, s. 8 (I)

The Secretary, Department of Home and Territories:

The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:

A Syrian, who was naturalized in 1891 by the New South Wales Government, applies for a certificate under section 8 of the Nationality Act 1920.

He states that he returned to Australia about six weeks ago from Syria, where he had resided during the past eight years, having gone there for a trip before the late war, and not having been allowed to return.

Opinion Number. 1177

Subject

NAVIGATION AND SHIPPING
WIRELESS OPERATORS TO BE SUPPLIED BY SUPERINTENDENT, SEAMEN'S INSPECTOR OR OWNER, MASTER, MATE OR ENGINEER OF SHIP

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, ss. 6, 29, 231

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

The majority of the wireless installations on ships employed on the Australian coast have been supplied by the Amalgamated Wireless Ltd, under hire agreement. Under this agreement the ship is required to employ a wireless operator supplied by the Company.

Opinion Number. 1178

Subject

DEFENCE FORCES
RESIGNATION OF OFFICER IN TIME OF PEACE OPERATES AFTER THREE MONTHS: POSITION WHERE RESIGNATION TENDERED WITHIN THREE MONTHS OF EXPIRATION OF TIME OF WAR

AuthorGARRAN Robert Randolph | Date
Key Legislation

DEFENCE ACT 1903, s. 17 (I)

The Secretary to the Department of Defence has forwarded for advice the following memorandum:

  1. I am directed to ask the favour of advice upon the following matters in relation to the right of an officer who is a graduate of the Military College to resign his commission.
  2. Section 17 (1) of the Defence Act provides:
  3. 17(1) Except during time of war an officer may by writing under his hand tender the resignation of his commission at any time by giving three months' notice.

Opinion Number. 1179

Subject

REPATRIATION
ASSISTANCE AND BENEFITS MAY BE GRANTED IF NOT OTHERWISE PROVIDED FOR IN REGULATIONS

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUSTRALIAN SOLDIERS REPATRIATION REGULATIONS 1920, regs 83, 85. 116, 179, 192

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

The Commission has some doubt as to the extent of the power conferred upon it by regulation 179 of the Australian Soldiers' Repatriation Regulations 1920. Regulation 179 reads:

Opinion Number. 1180

Subject

WAR GRATUITY
WHETHER JUDGMENT AGAINST A PERSON CAN BE PAID FROM WAR GRATUITY PAYABLE TO THAT PERSON

AuthorGARRAN Robert Randolph | Date
Key Legislation

WAR GRATUITY ACT 1920. ss. 7, 16: WAR GRATUITY REGULATIONS, reg. 12; Schedule, Form No. 4

The Secretary to the Treasury has forwarded for advice a file of papers relating to a debt due from A.B. to C.D.E. in respect of which the Brisbane District Court has entered judgment against B. for £81 10s Od with £8 18s 9d costs.

It appears from the file that B. is eligible to receive a war gratuity to the amount of £91 14s 6d. The payment appears, however, to have been deferred and B. cannot now be traced.

Opinion Number. 1181

Subject

NAVIGATION AND SHIPPING: INCONSISTENCY
IMPOSITION OF STATE STAMP DUTY ON DISCHARGE OF SEAMEN: INCONSISTENT WITH COMMONWEALTH LAW

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 109: NAVIGATION ACT 1912, ss. 46, 61

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

It is proposed to take over from the State Governments, on 1 February next, the control of the Mercantile Marine Offices at the various ports in Australia. On the date mentioned, the provisions of the Navigation Act regarding, inter alia, the engagement and discharge of seamen, will come into operation, superseding the provisions of the Merchant Shipping Act or of local State Acts in that regard at present operative.

Opinion Number. 1182

Subject

REPATRIATION
EXEMPTION FROM WATER RATES: REPATRIATION INSTITUTIONS NOT CHARITABLE' INSTITUTIONS

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920: MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1915, s. 94

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

Opinion Number. 1183

Subject

ELECTORAL ENROLMENT
PENALTY IMPOSED BY ELECTORAL OFFICER WHERE OFFENDER CONSENTS: NOT EXERCISE OF JUDICIAL POWER

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, Chapter III; ss. 71, 72: COMMONWEALTH ELECTORAL ACT 1918, ss. 42, 219: ELECTORAL AND REFERENDUM REGULATIONS 1918, regs 17-23

The Chief Electoral Officer has forwarded the following memorandum for advice:

The only direction issued by the Chief Electoral Officer under the provisions of regulation 21 has reference to the amount of the penalty to be imposed for a first offence, viz. 2s 6d. The maximum penalty for a first offence under section 42 of the Commonwealth Electoral Act 1918-1919 is 10s.

Opinion Number. 1184

Subject

NAVIGATION AND SHIPPING
WHETHER BAGGAGE AGENTS CARRIED ON SHIPS ARE 'CREW OR PASSENGERS'

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 6

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

Under the Navigation Act, ships may not carry passengers between Commonwealth ports unless licensed to do so.

'Passenger' is defined as meaning any person other than the master and crew or the owner, his family or servants, carried on board a ship with the knowledge or consent of the owner, agent, or master thereof.

Opinion Number. 1185

Subject

PUBLIC SERVICE
PAYMENT OF FURLOUGH IN ANTICIPATION OF PASSING OF PUBLIC SERVICE BILL AUTHORISING SUCH PAYMENT: LA WFUL PROVIDED FUNDS ARE VOTED BY PARLIAMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 81, 83

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

The Prime Minister made the following announcement regarding the above-mentioned subject to the House of Representatives on 10 December 1921, vide Hansard of that date(1):