Legal Opinions

Opinion Number. 1306

Subject

COMMONWEALTH BANK: BANKRUPTCY
PRIORITY OF DEBTS DUE TO COMMONWEALTH AND TO COMMONWEALTH BANK

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH BANK ACT 1911, s. 34A: BANKRUPTCY ACT 1924, s. 5 (3)

The Acting Assistant Secretary to the Treasury has forwarded for advice the following memorandum:

I would invite your attention to clause 5 (3) of the Bill for an Act relating to Bankruptcy, which reads:

Except as otherwise expressly provided in this Act, the provisions of this Act relating to the remedies against the property of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of an order of discharge, shall bind the Crown.(1)

Opinion Number. 1307

Subject

NAVIGATION AND SHIPPING
RESORT TO GENERAL SECURITIES GIVEN BY SHIPOWNERS TO PAY SICK OR INJURED SEAMEN LEFT AT PORT

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 132 (2), (6)

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

The attached copy of the judgment of the High Court in the appeal case Bruhn v. Australian Steamships Proprietary Ltd 31 C.L.R. 136 is forwarded for the Secretary's information.

Opinion Number. 1308

Subject

NATURALIZATION
RESIDENCE FOR NATURALIZATION PURPOSES: INCLUDES PERIODS ON COASTAL SERVICE OF AUSTRALIA: POSITION OF PERIODS ON SHIPS BETWEEN ENGLAND AND FRANCE AND IN SERVICE OF THE CROWN

AuthorGARRAN Robert Randolph | Date
Key Legislation

NATIONALITY ACT 1920, s. 7(2), (6)

The Secretary to the Home and Territories Department has forwarded for advice the following memorandum:

Opinion Number. 1309

Subject

REPATRIATION
WHETHER LIMB RENDERED PERMANENTLY AND WHOLLY USELESS MAY BE DEEMED TO BE AMPUTATED

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920. Fifth Schedule

The Chairman of the Repatriation Commission has forwarded for advice the following memorandum:

Opinion Number. 1310

Subject

CLAIMS AGAINST COMMONWEALTH
INTERPRETATION AND APPLICATION OF PROMISE MADE BY PRIME MINISTER THAT WOOLGROWERS WOULD NOT BE WORSE OFF BY REASON OF CERTAIN WOOL BEING TAKEN BY A COMPANY

AuthorGARRAN Robert Randolph | Date
Key Legislation

The letter dated 20 February 1922, from the Chairman of the British Australian Wool Realisation Association has been forwarded to me for advice

I have been delayed in dealing with the matter owing to the fact that all the relevant papers were in Sydney during the hearing of the wool-tops case.

The matter turns upon a promise made by the Prime Minister in the House, and the interpretation of that promise.

The Prime Minister's promise:

Opinion Number. 1311

Subject

DEFENCE FORCES
COMMITMENT OF MEMBER OF DEFENCE FORCE WHERE DEFAULT IS MADE IN PAY

AuthorGARRAN Robert Randolph | Date
Key Legislation

DEFENCE ACT 1903, ss. 135 (IA), I35A: JUSTICES ACT 1902 (N.S.W.): NAVAL RESERVE REGULATIONS, reg. 121

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

I am directed by the Naval Board to furnish the following facts for opinion and advice:

Opinion Number. 1312

Subject

OLD-AGE PENSION BENEFITS PAID BY PROVIDENT OR OTHER SOCIETIES NOT TO BE DEDUCTED: PRINCIPLES TO BE APPLIED IN DETERMINING WHETHER PAYMENTS CONSTITUTE INCOME: CLERGY PROVIDENT FUND

AuthorGROOM Littleton Ernest | Date
Key Legislation

INVALID AND OLD-AGE PENSIONS ACT 1908, s. 4 (I)

The Assistant Commissioner of Pensions has forwarded for advice the following memorandum:

I am forwarding herewith all papers relating to a claim for an old-age pension
lodged by A.B.C., retired clergyman, who is in receipt of annuities as under:

Opinion Number. 1313

Subject

CUSTOMS DUTY
EXEMPTION FROM DUTY OF GOODS USED BY CABLE COMPANY: WHETHER INCLUDES BEER, GIN, WHISKY AND AERATED WATERS CONSUMED AS SHIPS' STORES

AuthorGROOM Littleton Ernest | Date
Key Legislation

The Eastern Extension Company's cable ship Patrol recently visited Perth and a claim has been made for the refund of duty paid on food, beer, gin, whisky and aerated waters consumed as ship's stores whilst the vessel was in Australian waters. The matter was referred to the Crown Solicitor who advised as follows:

Opinion Number. 1314

Subject

SUPERANNUATION
OFFICERS ON LOAN TO ANOTHER DEPARTMENT: CONTRIBUTIONS TO BE AT RATE OF SALARY PAID BY THAT DEPARTMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

SUPERANNUATION ACT 1922, s. 15

The President, Superannuation Fund Management Board, has forwarded me the following communication from the Secretary, Department of Home and Territories, with a request for advice whether Messrs A., B. and C. are entitled to contribute at the rate of salary now being received by them:

The following is a copy of a memorandum received from the Director, Australian War Museum, regarding contributions to the Superannuation Fund by officers of the War Museum staff on loan to this Department from the Defence Department:

Opinion Number. 1315

Subject

PUBLIC SERVICE ARBITRA TION
GRANT OF SALARY INCREMENTS PURSUANT TO ARBITRATORS DETERMINATION: WHETHER INCLUSION IN ESTIMATES OF AMOUNTS OF PROPOSED INCREMENTS AMOUNTS TO GRANT

AuthorGARRAN Robert Randolph | Date
Key Legislation

ARBITRATION (PUBLIC SERVICE) ACT 1920, s. 22

The Director-General of the Department of Health has forwarded me the following memorandum for advice:

Under a determination issued by the Public Service Arbitrator on 22 June 1921, the salaries of Medical Chief Quarantine Officers and Quarantine Officers were adjusted on a definite scale. The salaries of Chief Quarantine Officers were fixed at &pound900 per annum with increments of &pound50 advancing to &pound1100 at the discretion of the Permanent Head.