Legal Opinions

Opinion Number. 1256

Subject

NAVIGATION AND SHIPPING: CONTRACT
REFUSAL BY CREW OF FLEET AUXILIARY VESSEL AT DARWIN TO OBEY LAWFUL ORDER: CREW MAY BE DISCHARGED

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 3

I understand that recently some members of the crew of the s.s. Biloela which was discharging coal in the Northern Territory declined to supply steam to enable the winches to be worked, and as a consequence the vessel could not be unloaded.

Opinion Number. 1257

Subject

PUBLIC SERVICE ARBITRATION
DETERMINATION GRANTING LEAVE ON FULL PAY TO OFFICERS CALLED AS WITNESSES ARBITRATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

(PUBLIC SERVICE) ACT 1920, s. 12 (1)

I am in receipt of your minute of 4 October, forwarding copy of memorandum from the Acting Public Service Commissioner in connection with the determination of the Public Service Arbitrator in the matter of the Australian Postal Assistants' Union and the Federated Public Service Assistants' Association, and asking for advice as to whether the Public Service Arbitrator was acting in excess of his statutory powers in including a provision granting leave on full pay to officers called as witnesses for the organisations under certain prescribed conditions.

Opinion Number. 1258

Subject

NORTHERN TERRITORY LAWS: ALIENS
REGISTRATION OF BUSINESS NAME OF FIRM. ONE OF THE MEMBERS AN ALIEN

AuthorGARRAN Robert Randolph | Date
Key Legislation

NORTHERN TERRITORY ACCEPTANCE ACT 1910. s. 7: WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 7: REGISTRATION OF FIRMS ACT 1899 (S.A.), ss. 4, 5

The Secretary, Home and Territories Department, forwards the following telegram from the Administrator of the Northern Territory for advice;

Registrar of companies inquiring if application for registration firm consisting A., B., C. and D. can be granted. D. Russian subject others British all equal shareholders draft Ordinance as sent under cover your [communication] is returned to you by this mail with immaterial alteration please advise.

Opinion Number. 1259

Subject

COMMONWEALTH PLACES
WHETHER COMMONWEALTH IS BOUND BY STATE LAWS WITH REGARD TO CONSTRUCTION AND MAINTENANCE OF ROADS ON COMMONWEALTH LAND

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 52 (i): LANDS ACQUISITION ACT 1906, s. 66: MUNICIPAL CORPORATIONS ACT 1906 (W.A.), ss. 6, 179(42), 221, 222, 224, 278, 279, 282

The Secretary to the Department of Works and Railways has forwarded for advice the following memorandum:

In connection with the provision of a new General Post Office building in Perth, Western Australia, the Commonwealth Government acquired a large block of land between Wellington and Murray Streets with the object of making a new street connecting these main thoroughfares to afford frontage to the Post Office and other Commonwealth buildings.

Opinion Number. 1260

Subject

REGULATION-MAKING POWER
REGULATIONS IMPOSING PENALTIES: WHETHER EXPRESS POWER TO MAKE SUCH REGULATIONS IS REQUIRED

AuthorGARRAN Robert Randolph | Date
Key Legislation

FISHERIES ORDINANCE 1911 (N.T.j, ss. 3, 7, 27: FISHERIES REGULATIONS (N.T.j, regs 13, 14

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

The following telegram, received from the Administrator of the Northern Territory, is forwarded for favour of advice:

Opinion Number. 1261

Subject

ELECTIONS
WHETHER NORTHERN TERRITORY CANDIDATES FOR HOUSE OF REPRESENTATIVES MUST BE RESIDENT IN TERRITORY

AuthorGARRAN Robert Randolph | Date
Key Legislation

NORTHERN TERRITORY REPRESENTATION ACT 1922, s. 4(a): NORTHERN TERRITORY ELECTORAL REGULATIONS, regs 13 (3), 19, 24 (1)

The Chief Electoral Officer has forwarded for advice the following memorandum:

A question has been raised as to the qualifications of candidates under the Northern Territory Representation Act. In paragraph (a) of section 4 of the Act the following words occur:

Opinion Number. 1262

Subject

ELECTIONS
ELIGIBILITY OF PUBLIC SERVANTS OF NORTHERN TERRITORY TO STAND FOR ELECTIONS TO HOUSE OF REPRESENTATIVES

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 44

The Chief Electoral Officer has referred to me a memorandum from the Secretary to the Department of Home and Territories relative to the eligibility of members of the Public Service of the Territory to stand for election as member of the House of Representatives to represent the Northern Territory and has added the following minute:

Opinion Number. 1263

Subject

ARMS OF COMMONWEALTH
REGISTRATION OF A DESIGN INCLUDING COMMONWEALTH COAT OF ARMS: WHETHER POSSIBLE OR DESIRABLE

AuthorGARRAN Robert Randolph | Date
Key Legislation

TRADE MARKS ACT 1905, s. 113 (2): DESIGNS ACT 1906. ss. 12, 14, 15. 17

The Secretary to the Prime Minister's Department has requested advice as to whether there is any objection to the granting of permission to Messrs Miller Raynor and Haysom to register a design including the Commonwealth coat of arms, for buttons used by officers of the Commonwealth Government Line of Steamers.

Sub-section (2) of section 113 of the Trade Marks Act 1905-1919 provides as follows:

Opinion Number. 1264

Subject

NAVIGATION AND SHIPPING
AGREEMENT WITH SEAMEN: WAGES EXPRESSED TO BE SUBJECT TO ANY INCREASE OR REDUCTION IN ARBITRATION AWARDS

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 46: NAVIGATION (MASTER AND SEAMEN) REGULATIONS 1922. reg. 6; Form M & S-3

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

Section 46 of the Navigation Act provides that:

  1. The master of a ship, other than a limited coast-trade ship of less than fifty tons gross registered tonnage or a river and bay ship, who engages any seaman in Australia, shall enter into an agreement with him in the prescribed form, in the presence of the superintendent.

    * * * * * * * *

Opinion Number. 1265

Subject

ENEMY CONTRACTS
RETURN PASSAGE TICKETS PURCHASED BEFORE THE WAR FROM GERMAN SHIPPING COMPANIES: WHETHER COMPANIES ARE LIABLE FOR EXTRA EXPENSES FOR PURCHASE OF ALTERNATIVE PASSAGES

AuthorGARRAN Robert Randolph | Date
Key Legislation

TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919). Arts 231. 296. 297. 300(c). (d)

The Controller of the Clearing Office (Enemy Debts) has forwarded me the following memorandum for advice:

Prior to the outbreak of war various persons purchased in Australia from German steamship companies return passage tickets available for certain periods. On the outbreak of war these shipping companies were obliged to discontinue their services, and the holders of these passage tickets were unable to make use of them and had to pay considerably advanced fares for passages on other companies' steamers to reach their destination.