Legal Opinions

Opinion Number. 1226

Subject

COMMONWEALTH IMMUNITY FROM STATE LAWS
LIABILITY OF COMMONWEALTH TO STATE STAMP DUTY ON INSURANCES TAKEN OUT BY COMMONWEALTH

AuthorGARRAN Robert Randolph | Date
Key Legislation

STAMP DUTIES ACT 1920 (N.S.W.), s. 88; Second Schedule

The Auditor-General has forwarded for advice the following memorandum:

It has come under notice that State stamp duty is being paid to the Queensland Insurance Company on all insurances taken out by the New Guinea Agency on goods etc. consigned to the Mandated Territories Expropriation Board, Administrator, New Guinea etc. and the question has been raised as to whether such duty can be legally claimed by the State for the Commonwealth.

Opinion Number. 1227

Subject

NAVIGATION AND SHIPPING
SHIP REGISTERED IN UNITED KINGDOM DISCHARGING SEAMAN IN AUSTRALIA: NOT ENGAGED ON VOYAGE BETWEEN AUSTRALIAN PORTS: WHETHER GOVERNED BY AUSTRALIAN LEGISLATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, covering cl.5; s. 51 fi): NAVIGATION ACT 1912, ss. 61, 67: MERCHANT SHIPPING ACT 1894 (IMP.), ss. 127, 128, 129: MERCHANT SHIPPING ACT 1906 (IMP.), s. 31

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

Section 67 of the Navigation Act provides that upon every discharge effected before a superintendent, the master shall make and sign, in the prescribed form, and forthwith deliver to the superintendent, a report of the conduct, character and qualifications of the seaman discharged.

The master of the s.s. Greledon, of London, recently declined to report upon the conduct of a seaman whom he discharged at a Commonwealth port.

Opinion Number. 1228

Subject

PUBLIC SERVICE
APPEAL AGAINST POSSIBLE FUTURE APPOINTMENT: WHETHER ALLOWABLE UNDER ACT OR REGULATIONS

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 50: COMMONWEALTH PUBLIC SERVICE REGULATIONS 1913, regs 281, 282

The Secretary, Prime Minister's Department:

By direction of the Public Service Commissioner, the Secretary to the Public Service Commissioner has forwarded the following memorandum asking for advice:

The following is copy of a communication received from A.B.C, Assistant Investigating Officer, Fourth Class, Clerical Division, Taxation Branch, New South Wales:

Opinion Number. 1229

Subject

RACE
EMPLOYMENT OF ABORIGINALS: WHETHER REFERENCE TO CHINESE MALES IS TO BE READ AS INCLUDING FEMALES: WHETHER AUSTRALIAN-BORN CHINESE ARE MEMBERS OF AN ASIATIC RACE'

AuthorGARRAN Robert Randolph | Date
Key Legislation

ACTS INTERPRETATION ACT 1901, s. 23: INTERPRETATION ORDINANCE 1911 (N.T.), s. 3: ABORIGINALS ORDINANCE 1918 (N.T.), s. 23(2), (3), (5)

The following letter from the Administrator, Northern Territory, has been forwarded to me for advice by the Secretary, Home and Territories Department:

I have the honour to submit for consideration and advice two points which have arisen as to the correct interpretation of sub-section (5) of section 23 of Ordinance No. 9 of 1918 relating to aboriginals.

Opinion Number. 1230

Subject

COMMONWEALTH BANK
PART OF PROFITS OF BANK TO BE PLACED IN REDEMPTION FUND: APPLICATION IN REDUCTION OF PUBLIC DEBT OF COMMONWEALTH

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH BANK ACT 1911, ss. 10(2), 11, 14, 30, 53, 63

The Secretary to the Treasury has asked for advice as to what authority is competent to arrange in accordance with section 30 of the Commonwealth Bank Act 1911 for the application of the Redemption Fund to the reduction of the public debt of the Commonwealth. It is stated that at the present time no money is owing to the Treasurer on account of moneys advanced to the Bank by him and that the Bank has not at any time issued any debentures or stock.

Section 30 of the Commonwealth Bank Act 1911 is as follows:

Opinion Number. 1231

Subject

NEW STATES
NEW STATE CARVED OUT OF EXISTING STATE: WHETHER APPROVAL AT REFERENDUM OF STATE VOTERS REQUIRED IN ADDITION TO CONSENT OF STATE PARLIAMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, Chapter VI; ss. 121, 123, 124

I am asked by the Secretary, Prime Minister's Department, to advise as to the provisions of the Constitution relating to the establishment of new States.

Chapter VI of the Constitution is entitled 'New States', but only two of its four sections-sections 121 and 124-deal with new States.

Section 121 provides that: 'The Parliament may admit to the Commonwealth or establish new States . . .

Section 124 deals with the cases where the territory of the proposed new State is contained in one or more old States, and provides that:

Opinion Number. 1232

Subject

ENEMY PROPERTY
WHETHER POWER TO LIQUIDATE INCLUDES POWER TO MEET COST OF MAINTENANCE OF PROPERTY

AuthorGARRAN Robert Randolph | Date
Key Legislation

TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Part X, Section IV; Art. 297 (b); Annex, para. 4: TREATY OF PEACE REGULATIONS, regs 20, 36

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

1 am forwarding herewith copy of a submission to the Prime Minister setting out the financial position of the Expropriation Board, Territory of New Guinea.

In paragraphs 11 to 14 of the submission it is recommended that the expenditure incurred in the maintenance and realisation of ex-enemy properties both in Australia and New Guinea should be charged against the proceeds received from the liquidation of these properties.

Opinion Number. 1233

Subject

NAVIGATION AND SHIPPING
APPLICATION OF PROVISIONS OF INTERNATIONAL CONVENTION TO VESSELS NOT SUBJECT TO SUCH CONVENTION

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, ss. 191, 215, 216, 217A, 235. 425: CONVENTION FOR SAFETY OF LIFE AT SEA (1914). Arts LIU, LIV; regs 47. 48

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

Adverting to his opinion of 24.1.22(1), relative to the above, I shall be glad if the Solicitor-General will be good enough to give further consideration to this matter, and to advise as to the manner in which the matters dealt with in items (a) to (f) of section 217A may best be applied by regulation to ships other than those coming within the scope of the Convention for the Safety of Life at Sea.

Opinion Number. 1234

Subject

NAVIGATION AND SHIPPING
DISCRETION TO GRANT OR REFUSE PERMIT TO ENGAGE IN COASTING TRADE

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 286

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

Section 286 of the Navigation Act 1912-1920 provides:

Opinion Number. 1235

Subject

COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER POWER EXISTS TO EXEMPT FROM STATE INCOME TAX COMPENSATION PAID TO COMMONWEALTH OFFICERS

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 51 (vi). (xxxix). 52. 109

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

I desire to inform you that the Cabinet has approved of a scale of compensation payments to be made to members of the permanent civil and military staff of this Department, who are to be retired under the retrenchment scheme.