The Secretary, Department of Works and Railways, has submitted the following letter from The Australian Investment Agency Ltd to me for advice:
Legal Opinions
Opinion Number. 1206
Subject
| Date
COMMON WEALTH RAILWAYS
VALIDITY OF BY-LAW PURPORTING TO MAKE COMMISSIONER FREE FROM LIABILITY
Key Legislation
COMMONWEALTH RAILWAYS ACT 1917, ss. 27. 28. 34, 88 (h): COMMONWEALTH RAILWAYS BY-LAW No. 21
Opinion Number. 1207
Subject
| Date
CROWN INSTRUMENTALITIES
WHETHER EXPROPRIATION BOARD IS BOUND BY NEW GUINEA LAWS ON REGISTERED PHARMACISTS
Key Legislation
PHARMACY ORDINANCE 1920 (N.G.), s. 8
I am in receipt of your memorandum dated 10 March 1922, forwarding for my advice the question whether the dispensing of medicines by an employee of the Expropriation Board who is not a duly registered pharmaceutical chemist is a contravention of the Pharmacy Ordinance 1920 of the Territory of New Guinea.
Section 8 of the Pharmacy Ordinance 1920 is as follows:
Opinion Number. 1208
Subject
| Date
REPATRIATION
WHETHER PENSIONER MAY RELEASE COMMONWEALTH FROM LIABILITY TO PAY PENSION: TAKING PENSION PAYMENT INTO ACCOUNT IN COMPUTATION OF PAYMENTS TO INDUSTRIAL TRAINEES
Key Legislation
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, ss. 23, 43: AUSTRALIAN SOLDIERS' REPATRIATION REGULATIONS 1920, regs 86. 87; Part XI
The Chairman of the Repatriation Commission has forwarded for advice the following memorandum:
Section 43 of the Australian Soldiers' Repatriation Act 1920 reads as follows: Subject to this Act, a pension shall be absolutely inalienable whether by way or in consequence of sale, assignment, charge, execution, insolvency, or otherwise howsoever.
Notwithstanding the above section of the Act the Department in certain instances has at the request or with the consent of the pensioner, obtained an assignment in its favour of war pension in cases-
Opinion Number. 1209
Subject
| Date
EXTRATERRITORIALITY
POWER TO PROHIBIT SHIPPING IN GUNNERY ZONE EXTENDING BEYOND TERRITORIAL SEA
Key Legislation
CONSTITUTION, covering el. 5; s. 51 (vi), (xxxix): DEFENCE ACT 1903, s. 72: 9 GEO.2 c.35 (HOVERING ACT) (IMP.): AUSTRALIAN MILITARY REGULATIONS 1916. reg. 1251
The Secretary to the Department of Defence has requested advice as to whether the application of section 72 of the Defence Act 1903-1918 extends in relation to the actions outside the three-mile limit of ships whose first port of clearance and port of destination are not in the Commonwealth.
Section 72 of the Defence Act provides as follows:
Opinion Number. 1210
Subject
| Date
REPATRIATION
PAYMENT OF PENSION TO TRUSTEE WHERE PENSIONER IS UNDER AGE OF SIXTEEN: REGULATION-MAKING POWER
Key Legislation
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920. s. 60: AUSTRALIAN SOLDIERS' REPATRIATION REGULATIONS 1920. reg.l
The Chairman of the Repatriation Commission has forwarded for advice the following memorandum:
Opinion Number. 1211
Subject
| Date
COMMONWEALTH SECURITIES STATE LAW REQUIRING TAXPAYER TO PAY MORE TAX BECAUSE OF INCOME FROM COMMONWEALTH SECURITIES: INCONSISTENCY WITH COMMONWEALTH LAWS
Key Legislation
CONSTITUTION, s. 109: COMMONWEALTH INSCRIBED STOCK ACT 1911. s. 52B: INCOME TAX ACT 1915 (VIC), s. 19
The Secretary to the Treasury has submitted the following minute for advice whether the State Commissioner of Taxes in refusing to allow deductions on account of interest paid by a taxpayer is in effect taxing the interest on Commonwealth securities, contrary to the provisions of Commonwealth law:
Messrs Balfour & McCutcheon, Accountants, and Younghusband Limited assert that the Victorian Income Tax Commissioner is taxing the interest from Commonwealth securities.
Opinion Number. 1212
Subject
| Date
STATUTORY APPOINTMENTS
POWER TO APPOINT TO REPATRIATION BOARDS: TO BE EXERCISED FROM TIME TO TIME AS TERMS EXPIRE
Key Legislation
ACTS INTERPRETATION ACT 1901, s. 33(1): AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, ss. 10(1), 13(1), 14(1), (2). (6)
The Chairman to the Repatriation Commission has forwarded for advice the following memorandum:
Opinion Number. 1213
Subject
| Date
PUBLIC WORKS COMMITTEE
PROTECTION AND PRIVILEGE OF WITNESSES: EVIDENCE BY OFFICER CRITICAL OF CENTRAL OFFICE OF DEPARTMENT: RIGHT OF PERMANENT HEAD TO QUESTION OFFICER
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 12 (2): COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, ss. 24, 26
The Secretary, Postmaster-General's Department, has referred for advice the following matter:
Mr Templeton, the Deputy Postmaster-General, Brisbane, in giving evidence before the Committee of Commonwealth Public Works in an inquiry into the Sydney Post Office made the following statement:
Opinion Number. 1214
Subject
| Date
NAVIGATION AND SHIPPING
EXTENSION OF PROVISIONS OF IMPERIAL ACT TO COMMONWEALTH: WHETHER COMMONWEALTH PARLIAMENT HAS POWER TO AMEND IMPERIAL LAWS
Key Legislation
MERCHANT SHIPPING ACT 1894 (IMP.), Parts I, VIII: MERCHANT SHIPPING ACT 1921 (IMP.), ss. 1, 2
I am in receipt of your memorandum of 5 December 1921 requesting to be supplied with a draft of a Bill to provide for the application to the Commonwealth of the provisions of the Merchant Shipping Act 1921.
The first section of that Act provides an extended interpretation of the word 'ship' as used in Parts I and VIII of the Act of 1894 so as to include every description of lighter barge or like vessel used in navigation in Great Britain however propelled.
Opinion Number. 1215
Subject
| Date
COMMONWEALTH RAILWAYS
VALIDITY OF BY-LAW PURPORTING TO MAKE COMMISSIONER FREE FROM LIABILITY
Key Legislation
COMMONWEALTH RAILWAYS ACT 1917, ss. 34, 88(h): COMMONWEALTH RAILWAYS BY-LAW No. 21
The Minister for Works and Railways has requested my opinion on the question of the legality of Commonwealth Railways by-law No. 21.
The by-law, omitting formal parts, in question is as follows:
The Commissioner will not be liable in respect of the loss of, or damage to, goods at Darwin occurring while the goods are: