The Chief Electoral Officer has forwarded me the following memorandum for advice:
Legal Opinions
Opinion Number. 1246
Subject
| Date
ELECTORAL DISTRIBUTION
OLD ELECTORAL ROLLS TO HAVE FULL FORCE AND EFFECT FOR ELECTIONS FOR CASUAL VACANCIES OCCURRING BEFORE NEXT GENERAL ELECTION: WHETHER OLD ROLLS HAVE TO BE MAINTAINED TO MEET SUCH A CONTINGENCY
Key Legislation
COMMONWEALTH ELECTORAL ACT 1918, ss. 24 (1), 33
Opinion Number. 1247
Subject
| Date
NAVIGATION AND SHIPPING
WARRANTS FOR APPREHENSION OF DESERTING SEAMEN: WHETHER MASTER OF SHIP MUST LAY INFORMATION
Key Legislation
JUDICIARY ACT 1903, s. 68: NAVIGATION ACT 1912, ss. 100, 106: CRIMES ACT 1914, s. 13
The Comptroller-General of Customs has submitted the following questions for advice:
Opinion Number. 1248
Subject
| Date
NAVIGATION AND SHIPPING
WHETHER MASTER HAS AUTHORITY TO IMPOSE A FINE ON SEAMAN OTHER THAN THAT SPECIFIED IN AGREEMENT WITH SEAMAN
Key Legislation
NAVIGATION ACT 1912, ss. 111(a), 115: NAVIGATION (MASTER AND SEAMEN) REGULATIONS 1922, reg. 18
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
Section 111 of the Navigation Act provides for the entry in the official log of the offences against discipline, absence without leave without reasonable cause, or desertion. Section 115 of the Navigation Act provides that the fines inflicted may be deducted in certain cases. Regulation 18 of the Navigation (M. & S.) Regulations, Statutory Rules 1922, No. 34, provides that:
Opinion Number. 1249
Subject
| Date
ENEMY DEBTS: ENEMY PROPERTY
ESTATE FOR LIFE OF MARRIED WOMAN WHO WAS GERMAN NATIONAL: WHETHER INTEREST WAS A DEBT AND WHETHER IT WAS ENEMY PROPERTY: WHETHER HER PROPERTY SHOULD BE EXEMPT
Key Legislation
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919). Arts 296. 297 (e), (i); Section IV, Annex, para. 4: TREATY OF PEACE REGULATIONS, reg. 20
With reference to the attached file(1), I desire to inform you that in my opinion the British Clearing Office is undoubtedly right in holding that the interest of Baroness von Frankenberg is not a debt within the meaning of Article 296 of the Treaty of Peace with Germany, and therefore that she cannot claim payment through the clearing office as an enemy creditor.
Opinion Number. 1250
Subject
| Date
PUBLIC SERVICE
OFFICER RESIDING IN BUILDING OWNED BY COMMONWEALTH: PROPOSAL TO INCREASE RENT
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902. s. 64
The Acting Secretary to the Public Service Commissioner has forwarded for opinion the following memorandum:
Section 64 of the Public Service Act provides that:
Opinion Number. 1251
Subject
| Date
STATE SUCCESSION
WHETHER AUSTRALIA WAS RESPONSIBLE FOR CARRYING OUT CONTRACTS ENTERED INTO BY GERMAN GOVERNMENT IN RESPECT OF A CONCESSION IN NEW GUINEA
Key Legislation
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919). Arts 260, 297; Section V. Annex, paras I, 2
The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice:
Opinion Number. 1252
Subject
| Date
FINES AND PENALTIES
PRIVATE PROSECUTION: WHETHER PERSON SUING IS ENTITLED TO RECEIVE FINE OR PART THEREOF: PAYMENT INTO CONSOLIDATED REVENUE
Key Legislation
WAR GRATUITY ACTS 1920: WAR GRATUITY REGULATIONS, reg. 16
The Secretary to the Treasury has requested advice in connection with a request made on behalf of A.B.C. for payment to C. of portion of the fine imposed on D.E. for an offence against regulation 16 of the War Gratuity Regulations as the result of proceedings instituted by C.
There is no provision in the War Gratuity Acts 1920 or the Regulations thereunder, and there appears to be no other law of the Commonwealth by which C. would be entitled to payment of portion of the fine.
Opinion Number. 1253
Subject
| Date
NORTHERN TERRITORY LAWS: TAXATION
POWER OF COMMONWEALTH TO DEAL WITH PASTORAL LEASES GRANTED UNDER SOUTH AUSTRALIAN ACTS: DIFFERENTIAL TAXATION APPLYING TO NORTHERN TERRITORY ONLY
Key Legislation
CONSTITUTION, s. 51 (ii): LANDS ACQUISITION ACT 1906: NORTHERN TERRITORY ACCEPTANCE ACT 1910. s. 10: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910. s. 9: NORTHERN TERRITORY LAND ACT 1899 (S.A.). s. 54 (1): NORTHERN TERRITORY LAND AMENDMENT ACT 1901 (S.A.), s. 2
The Secretary, Home and Territories Department, forwards the following memorandum for advice:
I am directed to invite your attention to the provisions of section 10 of the Northern Territory Acceptance Act 1910 and to request the favour of your advice as to the extent, if any, to which the power of the Commonwealth to deal with pastoral leases granted under South Australian Acts prior to the transfer of the Territory to the Commonwealth is limited by that section or other sections of the same Act.
Opinion Number. 1254
Subject
| Date
VALUATION OF LAND
RATES REQUIRED TO BE ASSESSED ON PRESENT VALUE: MAY BE INFLUENCED BY POSSIBILITY OF FUTURE COMMONWEALTH ACQUISITION
Key Legislation
SEAT OF GOVERNMENT ACCEPTANCE ACT 1909, s. 10: RATES ORDINANCE 1911 (A.C.T.),
The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:
Section 10, Seat of Government Acceptance Act 1909 (amended 1910(1)) reads [in part] as follows:
Opinion Number. 1255
Subject
| Date
PUBLIC SERVICE
APPLICATION OF DISCIPLINARY PROVISIONS: MEANING OF CRIMINAL OFFENCE': INCLUDES ANY OFFENCE FOR WHICH PUNISHMENT IS PROVIDED
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 66(1): COMMONWEALTH PUBLIC SERVICE ACT 1902-1918, ss. 66 (I), (U): POLICE OFFENCES ACT 1915 (VIC), s. 25
The Secretary to the Treasury has forwarded a file of papers relating to the case of Mr A.B.C, Clerk, 4th Class, Central Taxation Staff, and has requested advice as to whether the offence for which Mr C. was convicted under section 25 of the Police Offences Act 1915 of Victoria is a criminal offence within the meaning of section 66 of the Commonwealth Public Service Act 1902-1918.