Legal Opinions

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

I have the honour to request the favour of your opinion with respect to the following:

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

The s.s. South Africa, a vessel not registered in Australia and not licensed to engage in the coasting trade, brought a consignment of explosives to Australia about nine months ago, part of which was consigned to Sydney and was landed in due course. It was subsequently found that the parcel landed at Sydney, consisting of about 600 cases, should have been consigned to Melbourne and landed at that port before the vessel left for Sydney.

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

Section 133 (1) of the Navigation Act provides: The owner or master of every-

The Secretary, Home and Territories Department, has submitted the following memorandum to me for advice:

Assuming that A.B., the Chinese referred to in the attached file, is the rightful owner of the New South Wales birth certificate held by him, I should be glad to receive an early opinion as to whether it could be held that, in spite of his Australian birth, he is an 'immigrant' within the meaning of the Immigration Act 1901-1920.

The Secretary, Postmaster-General's Department, has asked for advice as to whether an officer in Class A2 of the Professional Division, who is, in pursuance of the award governing that Division, awarded an increment at the discretion of the Permanent Head, is legally entitled to that increment.

Clause 2 of the Professional Officers' Award, made on 26 April 1918, provides, inter alia, that: 'Officers in Class A2 may be awarded two increments of £100 each at the discretion of the Permanent Head'.

The Comptroller-General of Customs has forwarded me a minute dated 27 November 1922, requesting advice as to the meaning of the term 'handling cargo or ballast' appearing in section 45 of the Act.

Generally speaking the expression includes all such work in connection with the loading or unloading of a ship as is usually performed by wharf labourers. I think 'handling cargo or ballast' is not restricted to work involving physical contact with 'cargo or ballast' but includes signalling, working of winches etc.

The Secretary, Prime Minister's Department, has forwarded to me a request from the Administrator of New Guinea for advice as to whether the Merchant Shipping Act (Imperial) applies in the Territory of New Guinea. In submitting his request the Administrator writes as follows:

The Secretary of State for the Colonies in a dispatch to you of 22 December 1921 asked you to appoint an officer under section 737 of the Act to represent His Majesty's Government here; thus showing that he regarded this Territory as a place within which His Majesty 'has jurisdiction'.

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

The amendment of the Navigation Act suggested by the Secretary to the Navy would not, in my opinion, effect the purpose desired.

The Secretary to the Public Service Commissioner has forwarded me the following memorandum for advice:

The second and third paragraphs of section 49 of the Commonwealth Public Service Act read as follows:

In any case where such Board finds that the charge is not proved, the Board may recommend that the reasonable expenses or any part thereof incurred by such officer in meeting such charge be paid, the amount of such expenses to be mentioned in such recommendation.

The Secretary to the Home and Territories Department has requested advice as to the nationality of Mrs Finselbach.

It appears from the file submitted that-