The Assistant Commissioner of Pensions has forwarded file relating to payments made from the fund established by the Victorian Racing Club for the relief of aged and infirm trainers and jockeys, and requests advice as to whether those payments should be regarded as income within the meaning of the Invalid and Old-age Pensions Act 1908-1920.
Legal Opinions
Opinion Number. 1316
Subject
| Date
OLD-AGE PENSION
BENEFITS PAID BY PROVIDENT OR OTHER SOCIETIES NOT TO BE DEDUCTED: FUND FOR RELIEF OF AGED AND INFIRM HORSE TRAINERS AND JOCKEYS
Key Legislation
INVALID AND OLD-AGE PENSIONS ACT 1908, s. 4 (I)
Opinion Number. 1317
Subject
| Date
BRITISH PREFERENTIAL CUSTOMS TARIFF
customs tariff: BRITISH PREFERENTIAL TARIFF: MEANING OF ‘UNITED KINGDOM’: STATUS OF IRISH FREE STATE AND NORTHERN IRELAND
Key Legislation
USTOMS TARIFF 1921 s 8: ACTS INTERPRETATION ACT 1901 s 18: UNION WITH IRELAND ACT 1800 (G.B.) (39 & 40 Geo. III c. 67): GOVERNMENT OF IRELAND ACT 1920 (U.K.) (10 & 11 Geo. V c. 67) ss 6, 21, 75: IRISH FREE STATE CONSTITUTION ACT 1922 (U.K.) (13 Geo. V sess. 2 c. 1) s 2: CONSTITUTION OF THE IRISH FREE STATE art 73: IRISH FREE STATE (CONSEQUENTIAL PROVISIONS) ACT 1922 (U.K.) (13 Geo. V sess. 2 c. 2)
The Comptroller-General of Customs forwards the following case for advice:
Section 8 of the Customs Tariff 1921—1922 reads:
Opinion Number. 1318
Subject
| Date
TRANSFERRED OFFICERS
LIABILITY OF STATE FOR GRATUITY PAID TO TRANSFERRED OFFICER: WHETHER ‘GRATUITY’ IS A ‘RETIREMENT ALLOWANCE’
Key Legislation
CIVIL SERVICE ACT 1862 No. 160 (Vic) ss 46, 49: CONSTITUTION ss 70, 84, 89(ii)(a), 93: PUBLIC SERVICE ACT 1895 (NSW) s 60: COMMONWEALTH PUBLIC SERVICE ACT 1902 s ;65
Section 46 of the Civil Service Act 1862 No. 160 (State of Victoria) reads as follows:
Where any officer has served for a less period than ten years if he be constrained from infirmity of body or of mind to leave the service the Governor-in-Council may grant to him such gratuity as he may think fit not exceeding in any case the amount of one month’s pay at his then rate of salary for each year of service.
Opinion Number. 1319
Subject
| Date
POWER OF ARREST IN TERRITORIAL WATERS
STATUS OF ADJACENT WATERS: ‘TERRITORIAL WATERS’: JURISDICTION IN TERRITORIAL WATERS: power of members OF royal australian NAVY to arrest personS offending in territorial waters against commonwealth or state laws
Key Legislation
SLAVE TRADE ACT 1873 (U.K.) (36 & 37 Vict. c. 88): SEA FISHERIES ACT 1868 (U.K.) (31 & 32 Vict. c. 45): TERRITORIAL WATERS JURISDICTION ACT 1878 (U.K.) (41 &42 Vict. c. 73): Royal Letters Patent defining State boundaries and included adjoining islands: NORTHERN TERRITORY ACCEPTANCE ACT 1910 schedule: NEW GUINEA ACT 1920: SEAL FISHERIES’ (NORTH PACIFIC) ACT 1912 (U.K.) (2 & 3 Geo. V c. 10) ss 3, 4: QUEENSLAND PEARL SHELL AND BECHE-DE-MER FISHERIES (EXTRA-TERRITORIAL) ACT 1888: WESTERN AUSTRALIAN PEARL SHELL AND BECHE-DE-MER FISHERIES (EXTRA-TERRITORIAL) ACT 1889: FISHERIES ACT 1902 (NSW): NET-FISHING (PORT HACKING) ACT 1901(NSW): FISHERIES ACT 1915 (Vic): FISH AND OYSTER ACT 1914 (Qld): PEARL-SHELL AND BECHE-DE-MER FISHERY ACTS 1881 (Qld): FISHERIES ACT 1917 (SA): CRIMINAL LAW CONSOLIDATION ACT 1876 (SA): FISHERIES ACT 1905 (WA): OYSTER FISHERIES ACT 1881 (WA): PEARLING ACT 1912 (WA): FISHERIES ACT 1889 (Tas)
The Secretary to the Department of the Navy has forwarded for advice the following memorandum:
I am commanded by the Naval Board to inform you that occasions may arise in which it is desired, by State or Federal Authorities, to employ H.M.A. Ships on other than military duties, for example, the arrest of alleged fishery poachers in waters adjacent to the Australian Coast or Islands, Islets, Rocks, etc., lying off the Australian Coast, and it is desired to determine what powers Naval Officers have for the arrest of:
Opinion Number. 1320
Subject
| Date
EXPENDITURE OF PUBLIC MONEYS
power of treasurer to guarantee overdraft by commonwealth bank to fruit pool: POWER OF EXECUTIVE GOVERNMENT TO ENTER INTO AGREEMENTS FOR THE PAYMENT OF MONEY: REQUIREMENT FOR APPROPRIATION
Key Legislation
COMMONWEALTH BANK ACT 1911 s 7(d)
The Secretary to the Department of the Treasury has forwarded for advice the following memorandum:
The following is a copy of a letter which I have received from the Governor of the Commonwealth Bank dated 27th December, 1922, on the above-mentioned subject:
I have to acknowledge receipt of your letter of 22nd instant, No. 22/29678 in the above regard.
I would suggest, however, that the amount to defray initial expenses, £500, should for the time being be provided by the Treasury instead of being obtained by way of overdraft from this Bank.
Opinion Number. 1321
Subject
| Date
BOUNTIES
Northern Territory: SUBSIDY PER POUND OF MEAT KILLED IN TERRITORY: WHETHER bounty on production or export of goods: WHETHER BOUNTY ON GOODS PRODUCED IN TERRITORY required by Constitution to BE uniform throughout Commonwealth: territories power
Key Legislation
CONSTITUTION ss 51(iii), 122: NORTHERN TERRITORY SURRENDER ACT 1907 (SA): NORTHERN TERRITORY ACCEPTANCE ACT 1910
A proposal has been made to grant to Messrs. Vesty Brothers Limited a subsidy of so much per lb. on all cattle killed at the Works in the Northern Territory.
I am asked to advise whether this subsidy would be a bounty, such as is, by the Constitution, required to be uniform throughout the Commonwealth.
Opinion Number. 1322
Subject
| Date
conciliation and arbitration
conciliation and arbitration: ‘industrial dispute’: ‘industry’: whether minister for defence is engaged in industry
Key Legislation
DEFENCE ACT 1903 s 63(db): COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904 s 4
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
I am directed to request the favour of your opinion on the following matter:
A Plaint was filed in the office of the Industrial Registrar, Commonwealth Court of Conciliation and Arbitration, on the 2nd May, by the Merchant Service Guild of Australia, and included in the respondents are—
Opinion Number. 1323
Subject
| Date
navigation
navigation: jurisdiction of courts of marine inquiry: jurisdiction to inquire into casualties affecting ships employed exclusively in domestic trade of single State or charges against masters OR officers of such ships
Key Legislation
NAVIGATION ACT 1912 Part IX, ss 6, 12(1), 99, 258, 364, 372: CONSTITUTION covering cl 5
The Comptroller-General of Customs has forwarded me the following minute
for advice:
Opinion Number. 1324
Subject
| Date
taxation
commonwealth loans: investments by savings bank of south australia: liability to commonwealth income tax: taxation of property belonging to a state
Key Legislation
SAVINGS BANK ACT FURTHER AMENDMENT ACT 1912 (SA) s 19: CONSTITUTION s 114
The Secretary to the Treasury has forwarded me the following minute for advice:
Opinion Number. 1325
Subject
| Date
COMMONWEALTH PUBLIC SERVICE
whether conviction for failure to comply with maintenance order is conviction for ‘criminal offence’
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902 s 66(1)
The Acting Secretary to the Public Service Commissioner has forwarded a statement that F.H.E., Mail Driver, Postmaster-General’s Department, South Australia was, on the 19th March, 1923, charged at the Police Court, Adelaide, with having failed to comply with an order of the Court to pay 30/- a week towards the maintenance of his wife and children and that the Court found the charge proven and ordered that E. should be imprisoned for two months, the warrant to be withheld for three days. Before the expiration of that period the amount due was paid into the State Children’s Department.