Legal Opinions

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

A claim for £11950 9s 8d has been lodged in this office by George Wills & Co. Ltd, against the Deutsche Australische Dampfschiffs Gesellschaft (German-Australian Steamship Company) for moneys advanced and paid for ships' disbursements-a statement of the claim is attached and marked 'B'.

The Chief Electoral Officer has requested me to advise upon the claim to enrolment of A.B.C, a Presbyterian Minister of Springvale, Victoria. Mr C. has made a Statutory Declaration to the effect (inter alia) that he was naturalized in the Commonwealth on 23 April 1921, that he is not an aboriginal native of Asia and that he was born at Mount Lebanon, Syria of parents of Greek descent whose ancestors were members of the Greek Orthodox Church. The right of Mr C. to enrolment appears to depend upon his parentage.

Further information on this point is necessary.

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

In 1918 an 'Alien Committee' was appointed to consider and report, inter alia, as to the 'Action to be taken with regard to property held by aliens in the Commonwealth or in the hands of the Public Trustee on account of aliens'. In paragraph 57 of its report of 10.12.1918 the Committee enunciated the principle of the desirability of 'the conversion of all those assets into cash wherever practicable', and recommended that:

The Secretary to the Air Board has forwarded for advice the following memorandum:

The Secretary, Home and Territories Department, has asked for advice as to whether the provisions of the Superannuation Act apply to the Judge of the Northern Territory appointed under Ordinance No. 4. of 1912.

Section 2 of the Ordinance in question provides inter alia that:

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

As will be seen from the minute of the Chief Surveyor dated June 6 herein the Crown Solicitor has been further consulted with regard to the opinions given by him on 30 March 1922 and 3 May 1922, respectively.

The Acting Comptroller-General and Public Trustee has forwarded for advice the following memorandum:

Under the War Precautions (Enemy Shareholders) Regulations 250 shares in the Commercial Bank of Australia Limited registered in the names of A.B. and Mrs C.D.E. were transferred to the Public Trustee and sold. Mr A.B.E. died on 5 January 1920.

Enclosed is copy of a joint will, to which attention is invited to paragraph (1) of Article II

.

The Public Trustee submits the following questions for advice:

1. Whether the evidence (set out in the attached file) as to the nationality of A.B.C. should be accepted.

It discloses that C. is naturalized, having taken the oath of allegiance at Charters Towers, Queensland, on 10 February 1896, that his naturalization papers are still in force and that when war was declared he was on a visit to Germany, and was registered as an Australian (confirmed by British Consul at Berlin) and treated by the German authorities as an Australian and not as a German national.

On 5 October 1922 the estate of A.B. was sequestrated under the New South Wales Bankruptcy Act, and W. H. Palmer was appointed Official Assignee thereof. B. was a depositor in the Dubbo branch of the Commonwealth Savings Bank. On 23 November he produced his passbook at the Narromine branch (N.S.W.), made out a withdrawal form for £7 and otherwise complied with the Regulations framed under the Commonwealth Bank Act as to withdrawals and was paid the £7.

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

Sections 294-314 inclusive of the Navigation Act 1912-1920 deal with wrecks within Commonwealth waters. Provision is made for the appointment of receivers of wreck, who are given very wide powers in regard, among other things, to taking charge of wrecks and directing salvage operations.