Legal Opinions

Opinion Number. 1216

Subject

TRADE UNIONS
NEWSPAPER PUBLISHED BY TRADE UNION: REQUIREMENT OF REGISTRATION: STATUS OF TRADE UNIONS IN NORTHERN TERRITORY

AuthorGARRAN Robert Randolph | Date
Key Legislation

TRADE UNION ACT 1876 (S.A.): REGISTRATION OF FIRMS ACT 1899 (S.A.), ss. 3, 4, 5

The Secretary, Home and Territories Department, forwards the following case for advice:

I attach papers relative to the question of whether or not the Northern Standard newspaper should be registered under the Registration of Firms Act, which has been raised with the Registrar of Firms by Mr Alfred Pain of Darwin.

Opinion Number. 1217

Subject

TRADE UNIONS
REFUSAL BY MEMBERS OF TRADE UNION TO WORK SHIP UNLESS FELLOW WORKER JOINED UNION: WHETHER INTIMIDATION'

AuthorGARRAN Robert Randolph | Date
Key Legislation

OBSERVANCE OF LAW ORDINANCE 1921 (NT.), s. 11: CONSPIRACY AND PROTECTION OF PROPERTY ACT 1875 (IMP.), s. 7

The Secretary, Home and Territories Department, has asked for an opinion as to whether on the facts disclosed there are good grounds for an appeal against the decision of the Special Magistrate dismissing an information under section 11 of the Observance of Law Ordinance 1921 of the Northern Territory.

The facts are set out in the following telegram from the Administrator:

Opinion Number. 1218

Subject

STATE OFFICERS TRANSFERRED TO COMMONWEALTH
CANCELLATION OF ORDER EFFECTING A TRANSFERRED OFFICER'S RETIREMENT: WHETHER OFFICER'S RIGHTS REVIVED

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 84: PUBLIC SERVICE ACT 1895 (N.S.W.), s. 62

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

Mr A.B. Inspector 2nd Class, Customs Department, New South Wales, was retired from the service without gratuity as from 22 July 1920, and was granted a refund of his contributions to the New South Wales Civil Service Superannuation Fund with interest thereon amounting in all to £50.6.10.

Opinion Number. 1219

Subject

FINANCE
MONEYS RECEIVED BY INCORPORATED STATUTORY AUTHORITY: WHETHER AUTHORITY HAS RIGHT TO HAVE MONEYS PAID INTO TRUST ACCOUNT TO BE OPERATED BY AUTHORITY

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 81: AUDIT ACT 1901. s. 62A: INSTITUTE OF SCIENCE AND INDUSTRY ACT 1920, ss. 4. 17

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

Section 4 of the Institute of Science and Industry Act 1920 reads as follows:

4.

Opinion Number. 1220

Subject

NAVIGATION AND SHIPPING
AWARD PROVISIONS AT VARIANCE WITH ACT ON PAYMENT OF WAGES OR ALLOWANCES DURING CONVEYANCE TO HOME PORT ON DISCHARGE OR RETURN HOME OF SICK OR INJURED SEAMEN

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912. ss. 50(3), (5), 77(2). 81, 85(1), 132(1): MERCHANT SHIPPING ACT 1894 (IMP.)

The Secretary, Home and Territories Department, has asked for an opinion as to whether on the facts disclosed there are good grounds for an appeal against the decision of the Special Magistrate dismissing an information under section 11 of the Observance of Law Ordinance 1921 of the Northern Territory.

The facts are set out in the following telegram from the Administrator:

Opinion Number. 1221

Subject

COMMONWEALTH BANK
INVESTMENT BY COMMONWEALTH BANK IN NAME OF CHAIRMAN OF DIRECTORS: WHETHER IN ACCORDANCE WITH BANK'S LEGISLATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH BANK ACT 1911, ss. 60A, 601

The Auditor-General has forwarded me the following memorandum for advice: The Commonwealth Bank of Australia has made an investment in Victorian Government Inscribed Stock, in the name of Denison Samuel King Miller, Chairman of Directors, Note Issue Department.

Section 601(1) of the Commonwealth Bank Act 1920(1)-Act No. 43-provides that investments may be made by the Board, the Act defining the 'Board' as 'the Board of Directors appointed in pursuance of this Part'.

Opinion Number. 1222

Subject

NAVIGATION AND SHIPPING SHIPS ENGAGED AT ONE TIME IN INTRASTATE TRADE AND AT ANOTHER IN INTER-STATE TRADE: APPLICATION OF NAVIGATION LEGISLATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 51 (i), 98: NAVIGATION ACT 1912. ss. 46, 288

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

In a recent judgment(1) the High Court ruled that certain provisions of the Navigation Act drawn to apply to ships registered in Australia or engaged in the coasting trade were not applicable to ships wholly employed in the domestic trade of a State.

Opinion Number. 1223

Subject

REPATRIATION
EX-NUPTIAL CHILDREN OF WOMAN WHO MARRIED MEMBER OF THE FORCES: WHETHER MEMBER WAS RESPONSIBLE FOR CHILDREN: WHETHER CHILDREN WERE STEPCHILDREN OR ADOPTED

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, s. 22: CRIMINAL CODE (QLD), s. 286

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

On 1 December 1916 the mother of Lucy and Robert A.B. (ex-nuptial children) was married in England to Ernest Edward C.-a member of the Forces. C. was discharged in Brisbane on 9 May 1917, and pensions at the maximum rate were awarded to the member and his wife.

Opinion Number. 1224

Subject

NAVIGATION AND SHIPPING
APPLICATION OF PROVISIONS OF IMPERIAL ACT IN COMMONWEALTH: DEFINITION OF SHIP': LIMITATION OF LIABILITY OF SHIPOWNERS

AuthorGARRAN Robert Randolph | Date
Key Legislation

MERCHANT SHIPPING ACT 1894 (IMP.), Parts I, VIII; s. 735: MERCHANT SHIPPING ACT 1921 (IMP.), s. 1

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

With reference to his memorandum of 11.5.22(1), relative to the above-mentioned subject, the Secretary is informed that unless section 1 of the Imperial Act of 1921 referred to can be given application in the Commonwealth the remainder of that Act will be of little if any value.

Opinion Number. 1225

Subject

INDUSTRIAL ARBITRATION PROCEEDINGS
WHETHER OFFICERS OF BUREAU OF CENSUS AND STATISTICS CAN BE REQUIRED TO GIVE EVIDENCE IN COURT OF CONCILIATION AND ARBITRATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904, s. 25: HIGH COURT RULES 1903, Order XXXIV, Rule 10: CONCILIATION AND ARBITRATION RULES OF COURT, Rule 1

The following memorandum from the Commonwealth Bureau of Census and Statistics is forwarded by the Secretary of the Home and Territories Department for advice as to whether there is any course of action by which the inconvenience complained of in the memorandum may be avoided: