Legal Opinions

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

The following examples of cases of illness which have occurred since the proclamation of Navigation Act, section 132, are forwarded for the favour of an opinion on the meaning of the words 'contracted on board the ship' appearing in section 132, sub-section (5) (c):

To obtain the benefit of section 132 of the Navigation Act a seaman must be suffering, so far as can be ascertained, from an illness contracted on board the ship, or in the service of the ship or her owner.

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

On 10 August 1921, the Solicitor-General advised that:

If a vessel takes on board, at a port in a State or Territory of the Commonwealth, cargo to be landed at another port in the same State or Territory or in another State or Territory the taking on board and carriage of the cargo constitutes engaging in the coasting trade unless the cargo is carried on a through bill of lading.

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

Further difficulties have arisen in the administration of the Navigation Act by reason of the fact that the Seamen's Award of the Arbitration Court (delivered 28.4.22) contains provisions which are apparently at variance with sections of the Navigation Act on the same subject-matters.

The following example is submitted for favour of consideration and advice:

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

Under section 286 of the Navigation Act 1912-1920, continuing permits have been granted to certain unlicensed British ships to carry passengers and cargo between Thursday Island and other Commonwealth ports without such being deemed engagement in the coasting trade (vide extract from Commonwealth Gazette No. 55 of 23.6.21 attached).

The Secretary to the Prime Minister's Department has requested advice as to whether the Public Service Arbitrator has power, under the Arbitration (Public Service) Act 1920, to make a common rule for the whole of the Commonwealth Public Service, including officers who are not members of an organisation registered under the Commonwealth Conciliation and Arbitration Act 1904-1920.

Section 14 of the Arbitration (Public Service) Act 1920 provides, inter alia, as follows:

The Secretary to the Prime Minister's Department has referred for advice the following memorandum, dated 4 July 1922, addressed to the Prime Minister by the Acting Public Service Commissioner:

The Acting Public Service Commissioner has the honour to invite attention to memorandum of even date forwarded to the Prime Minister's Department, dealing with Determinations issued by the Public Service Arbitrator (Nos 10 and 11 of 1922) embracing orders for reclassification of certain positions in the Public Service, viz.:

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

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

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

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

With reference to my [memorandum] of 29 June 1921, and your [memorandum] of 30 June 1921'", which was followed by the making of the Navigation Act Suspension Ordinance 1921 of the Territory of New Guinea, I shall be glad to be advised whether since the passing of that Ordinance, the Navigation Act or any part of it has been a law of the Territory of New Guinea, and, if so, whether it has been capable of enforcement.