Legal Opinions

Opinion Number. 1266

Subject

NAVIGATION AND SHIPPING
WHETHER MASTER MUST SIGN AGREEMENTS WITH SEAMEN AND INSTRUMENTS DISCHARGING SEAMEN

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, ss. 6, 46, 61

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

Section 46 of the Navigation Act, relating to the agreement with the crew, provides, inter alia, that-

(3) The agreement shall be-

  1. prepared in duplicate . . .
  2. signed by the master and seamen in the presence of and attested by the superintendent;
  3. signed by the master before being signed by any seaman;

(4) The superintendent shall retain one part of the agreement, and deliver the other part to the master.

Opinion Number. 1267

Subject

PUBLIC SERVICE
POWER TO REDUCE CLASS OF OFFICER WHO HAS COMMITTED OFFENCE

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46 (S)

The Secretary, Public Service Commissioner's Office, forwards the following memorandum asking for advice:

Mr A.B., Chief Electrical Engineer, Postmaster-General's Department, was charged under section 46 of the Commonwealth Public Service Act 1902-1918 with the commission of offences, and a Board of Inquiry appointed under that section has found certain of the charges proved.

Opinion Number. 1268

Subject

ENEMY PROPERTY
MORTGAGED REAL ESTATE VESTED IN CUSTODIAN OF ENEMY PROPERTY: RIGHTS OF PARTIES TO MORTGAGE AND OF CUSTODIAN

AuthorGARRAN Robert Randolph | Date
Key Legislation

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

The following concrete case is submitted for direction as to the procedure to be adopted in this and similar instances-the facts are as follow:

Opinion Number. 1269

Subject

SUPERANNUATION
SUPERANNUATION PENSIONS NOT PAYABLE TO PERSONS WHO RECEIVED COMPENSATION UNDER ANOTHER ACT

AuthorGARRAN Robert Randolph | Date
Key Legislation

DEFENCE RETIREMENT ACT 1922, s. 7: SUPERANNUATION ACT 1922, ss. 36, 37

The Secretary to the Treasury has forwarded me the following minute from the Secretary, Department of Defence, for advice:

Opinion Number. 1270

Subject

DISQUALIFICA TION OF ELECTORAL CANDIDATE
REJECTION OF NOMINATION OF MEMBER OF STATE PARLIAMENT WHO HAS RIGHT UNDER STATE LAW, IF NOT ELECTED, TO RESUME SEAT IN STATE PARLIAMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1918. s. 70: ELECTORAL ACT AMENDMENT ACT 1921 (W.A.j, s. 2

The Chief Electoral Officer has forwarded for advice the following memorandum from the Commonwealth Electoral Officer for the State of Western Australia.

There have been numerous inquiries in regard to the precise effect upon State members of the amendment of section 70 of the Commonwealth Electoral Act.

Opinion Number. 1271

Subject

NAVIGATION AND SHIPPING
COASTING TRADE: GOODS CARRIED ON VESSELS BELONGING TO THE OWNER OF THE GOODS

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 7

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

The Melbourne agents of the Canadian Government Merchant Marine Limited receive from time to time from their head office in Canada packages of printed matter relative to the Canadian National Railways, the scenic aspect of Canada, etc.

This literature is cleared at the Customs and repacked for distribution to the branches of the Line in other Australian ports.

Opinion Number. 1272

Subject

NAVIGATION AND SHIPPING
PROPOSAL TO ALLOW UNLICENSED VESSELS TO CARRY PASSENGERS BETWEEN MAINLAND AND HOBART: WHETHER A PREFERENCE TO A STATE OR PART THEREOF

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 99: NAVIGATION ACT 1912. s. 286

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

The suggestion has been put forward in the Senate by Senator Keating, that under section 286 of the Navigation Act permits be granted to the Peninsular & Oriental S.N. Company and the Orient Company's Lines of steamers to carry passengers between mainland ports and Hobart during the months of February, March and April in each year, and that if the Navigation Act does not at present give power to do this, it be amended in that direction.

Opinion Number. 1273

Subject

NAVIGATION AND SHIPPING
PASSENGERS FROM LONDON TO BRISBANE AND THENCE TO NEW ZEALAND VIA SYDNEY: WHETHER CARRIAGE OF SUCH PASSENGERS AMOUNTS TO ENGAGING IN COASTING TRADE

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 7

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

It is provided in section 7 of the Navigation Act that a ship shall not be deemed to be engaged in the coasting trade by reason of the fact that she carries-

(a) passengers who hold through tickets to or from a port beyond Australia and the Territories under the authority of the Commonwealth.

Opinion Number. 1274

Subject

NAVIGATI0N AND SHIPPING
FORFEITURE OF SEAMEN'S WAGES FOR OFFENCES: WHETHER SHIPOWNER CAN WAIVE FORFEITURE: WHETHER AMOUNT OF FORFEITURE SHOULD BE PAID INTO CONSOLIDATED REVENUE FUND

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, ss. 100, 109, 398, 407: MERCHANT SHIPPING ACT 1894 (IMP.), s. 232

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

Section 100 of the Navigation Act provides that:

The acts specified in Column 1 hereunder shall be offences against discipline, and
a seaman or apprentice committing any one of them shall be liable to a punishment
not exceeding the punishment set opposite to the offence in Column 2 hereunder:

Opinion Number. 1275

Subject

NAVIGATION AND SHIPPING
WHETHER EXCESS OF SHORE LABOUR CONSTITUTES SUFFICIENCY- SO AS TO PREVENT USE OF CREW IN HANDLING CARGO: MEANING OF 'HANDLING' AND 'WORKING'

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912. s. 45

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

Section 45 of the Navigation Act provides, inter alia, as follows: