Legal Opinions

Opinion Number. 1066

Subject

COMMONWEALTH SECURITIES
PROPOSED REGISTRATION OF TREASURY BILLS BY AUDITOR-GENERAL IN LONDON: WHETHER SUCH REGISTRATION IS PERMISSIBLE OR NECESSARY

AuthorGARRAN Robert Randolph | Date
Key Legislation

AUDIT ACT 1901, ss. 11, 63: TREASURY BILLS ACT 1914, s. 4: LOANS SECURITIES ACT 1919, s. 3: WAR LOAN ACT 1920, s. 2

The Secretary to the Treasury has forwarded me the following minute for advice:

In connection with a loan which is shortly to be raised in London, the following letter was addressed to the Auditor-General on 25 May:

I have to advise that the Treasurer has approved the issue in London of Treasury Bills for £2,000,000. The Bills will have a currency of six months, and will be issued under the authority of Act No. 18 of 1920, for the purposes of repatriation and other expenses arising out of the war.

Opinion Number. 1067

Subject

WAR PRECAUTIONS: ALIENS
PROPERTY SEIZED FROM OR SURRENDERED BY ALIENS DURING WAR: EXTENT OF COMMONWEALTH POWER TO DEAL WITH ARTICLES: PROCEDURE TO BE FOLLOWED BY COMMONWEALTH

AuthorGARRAN Robert Randolph | Date
Key Legislation

WAR PRECAUTIONS ACT 1914: WAR PRECAUTIONS ACT REPEAL ACT 1920: WAR PRECAUTIONS REGULATIONS 1915. regs 4. 25A. 28A, 28AC, 50. 50B. 51, 59: TREATY OF PEACE REGULATIONS, reg. 20: TREATY OF PEACE (AUSTRIA) REGULATIONS, reg. 5: TREATY OF PEACE (BULGARIA) REGULATIONS, reg. 5: ALIENS RESTRICTION ORDER 1915, els 2F, 12, 13, 14, 15, 16

The Secretary to the Department of Defence has forwarded for advice the following memorandum:

I am requested to inform you that during the war, certain firearms, ammunition, cameras, electrical plant etc. were seized or voluntarily surrendered by alien subjects in Australia under the operation of the War Precautions Regulations.

Opinion Number. 1068

Subject

ENEMY PROPERTY
WORK DONE BY BRITISH SUBJECTS IN AUSTRAUA PURSUANT TO PRE-WAR CONTRACTS WITH GERMAN COMPANY: WHETHER CLAIMS FOR WORK AROSE OUT OF CONTRACTS PERFORMANCE OF WHICH WAS SUSPENDED ON ACCOUNT OF WAR

AuthorGARRAN Robert Randolph | Date
Key Legislation

ENEMY CONTRACTS ANNULMENT ACT 1915, s. 3 (1), (5): TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Arts 296 (2), 299 (a)

The Controller of the Clearing Office (Enemy Debts) has forwarded me the following memorandum for advice:

Forwarded herewith is one copy each of claims lodged by A.H.W. Peick and J.B. Tadsen, naturalized British subjects resident in New South Wales, against the German Australian Steamship Company Limited, Hamburg, for £3120 and £3430 respectively, under the circumstances set out in the 'Notice of Debt due by a German National' annexed to each claim.

Opinion Number. 1069

Subject

NAVIGATION AND SHIPPING
CERTIFICATES OF COMPETENCY: WHETHER CERTIFICATES CAN BE LIMITED TO SOME LIMITED COAST-TRADE SHIPS AND NOT OTHERS

AuthorGARRAN Robert Randolph | Date
Key Legislation

NAVIGATION ACT 1912, s. 15

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

Section 15 of the Navigation Act 1912-1920 provides, inter alia, as follows:

(1) Certificates of competency (in this Division referred to as certificates) shall be granted in accordance with this Act for each of the following grades of officers (that is to say):-

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Limited coast-trade ship (steam sail or other motive power)-
Master,
First Mate
Second Mate

Opinion Number. 1070

Subject

FEDERAL SHIPBUILDING TRIBUNAL
AWARD INCREASING PIECEWORK RATES PAYABLE BY CONTRACTORS: WHETHER COMMONWEALTH IS LIABLE TO MEET INCREASE: WHETHER TRIBUNAL HAS POWER TO GIVE AWARD RETROSPECTIVE EFFECT

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary, Ship Construction Branch, Prime Minister's Department

The Secretary, Ship Construction Branch, has forwarded me the following memorandum for advice:

The following matter in connection with the building of vessels for the Commonwealth is submitted for favour of opinion:

Men on piecework are remunerated at fixed rates, but they receive not less than the minimum wage fixed by Wages Boards or Arbitration Courts.

Opinion Number. 1071

Subject

CUSTOMS DUTY: EXCISE DUTY
WHETHER STARCH PRODUCED FROM IMPORTED RICE IS SUBJECT TO BOTH IMPORT AND EXCISE DUTIES

AuthorGARRAN Robert Randolph | Date
Key Legislation

CUSTOMS ACT 1901, ss. 78, 89: CUSTOMS REGULATIONS, regs 71, 72 (b)

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

I shall be glad if you will kindly furnish advice on the following matter.

On 8 July 1920, the Acting Comptroller-General of Customs approved of delivery of 569 bags of dressed Burma rice free of duty from Parsons Bond to Parsons Excise Warehouse for converting into starch under Customs supervision, subject to payment of excise duty on clearance for home consumption.

Opinion Number. 1072

Subject

WAR PRECAUTIONS
INFORMATION IN RESPECT OF OVERSEAS COMPANIES TO BE FURNISHED TO COLLECTOR OF CUSTOMS BY AGENTS IN AUSTRALIA: MEANING OF REPRESENTATIVE OR AGENT'

AuthorGARRAN Robert Randolph | Date
Key Legislation

WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 19

The following letter from the President of the French Chamber of Commerce, Sydney, has been forwarded to me by the Comptroller-General of Customs for advice:

Opinion Number. 1073

Subject

CUSTOMS DUTY
CHAMPAGNE IMPORTED DUTY FREE FOR OFFICIAL USE OF STATE GOVERNOR: SUBSEQUENTLY USED FOR STATE GOVERNMENT FUNCTIONS: WHETHER DUTY PAYABLE BY STATE GOVERNMENT

AuthorGARRAN Robert Randolph | Date
Key Legislation

CUSTOMS TARIFF 1921, Item 372

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

Opinion Number. 1074

Subject

COMMONWEALTH SECURITIES
COMMONWEALTH INSCRIBED STOCK HELD IN JOINT ACCOUNT: WHETHER ON DEATH OF ONE OWNER STATE LEGISLATION PRECLUDES REGISTRATION IN NAME OF SURVIVOR

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH INSCRIBED STOCK ACT 1911, s. 13: CONVEYANCING ACT 1919 (N.S.W.). ss. 7, 26: COMMONWEALTH INSCRIBED STOCK REGULATIONS, regs 29. 30

The Secretary to the Treasury has forwarded me the following minute for advice:

Under the Statutory Rules of the Inscribed Stock Act in the case of death of one of the holders of Commonwealth Government Inscribed Stock in a joint account, the amount vests in the survivor or survivors. They are thus joint tenants. By section 13 of Commonwealth Inscribed Stock Act 1911-1918, stock is personal property.

Under the Conveyancing Act of 1919 No. 6 of New South Wales, section 26, sub-section (1) reads:

Opinion Number. 1075

Subject

ELECTORAL ENROLMENT: NATURALIZATION
WHETHER BRITISH SUBJECT BY REASON OF ANNEXATION OF TERRITORY IS ENTITLED TO ENROLMENT: WHETHER GRANT OF CERTIFICATE OF NATURALIZATION TO ABORIGINAL NATIVE OF ASIA, AFRICA OR AN ISLAND OF THE PACIFIC OVERCOMES ELECTORAL DISQUALIFICATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

NATURALIZATION ACT 1903, ss. 3, 5: COMMONWEALTH ELECTORAL ACT 1918, s. 39 (1) (b), (5): NATIONALITY ACT 1920, ss. 5, 11

The Chief Electoral Officer has forwarded for advice the following memorandum:

Section 39 (1) of the Commonwealth Electoral Act 1918-1919 provides that: ' ... all persons . . . (b) who are natural-born or naturalized subjects of the King, shall be entitled to enrolment . . . '

The Naturalization Act 1903-1917 defined a 'British subject' as 'a natural-born British subject or a naturalized person'.