The Secretary, Prime Minister’s Department, has forwarded me for advice a communication received by him from the Premier of South Australia requesting that the Commonwealth will reimburse the Eastern Extension Australasia and China Telegraph Co. Ltd. the amount of Federal Land Tax paid by that Company.
Legal Opinions
Opinion Number. 1346
Subject
| Date
Land tax
eastern extension telegraph company: agreements with states prior to federation for exemption from taxes and charges: application to federal land tax: whether commonwealth required to reimburse company
Key Legislation
Opinion Number. 1347
Subject
| Date
Shipping
detention of unseaworthy ships: application of state law to interstate and foreign ships: inconsistency with commonwealth law
Key Legislation
MARINE ACT 1921 (Tas) Part XII(III), ss 115
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
Opinion Number. 1348
Subject
| Date
TERRITORIES
LOAN BY COMMONWEALTH TO ADMINISTRATION OF NEW GUINEA: RECOVERY OF LOAN: SANCTION OF LEAGUE OF NATIONS
Key Legislation
The Secretary to the Treasury has forwarded me the following minute for advice:
I desire to inform you that, in the Loan Bill now before Parliament, provision is made for a loan of £10,000 to the Administration of the Territory of New Guinea. This amount forms portion of a larger sum which the Government proposes to lend to the Administration up to the 30th June, 1925.
In this connection, the Treasurer desires to be advised as to what legal authority exists for the Commonwealth to recover any moneys lent to the Administration of the Territory.
Opinion Number. 1349
Subject
| Date
Public service
application of state unemployed workers insurance legislation to commonwealth and commonwealth public servants
Key Legislation
UNEMPLOYED WORKERS INSURANCE ACT 1922 (Qld) ss 5, 7: CONSTITUTION s 52: COMMONWEALTH PUBLIC SERVICE ACT 1922 s 97(1)(e)
The Secretary, Prime Minister’s Department, has forwarded the following Memorandum for advice:
The attached copy of a memorandum received from the Secretary, Works and Railways Department, on the above subject, is forwarded by direction.
Before the matter is submitted for Ministerial consideration advice is desired as to the legal position of the Commonwealth in the event of it desiring application by consent of the Act to the Commonwealth as an employer.
The Memorandum of the Secretary, Works and Railways Department, reads as follows:
Opinion Number. 1350
Subject
| Date
Broadcasting
REVOCATION OF BROADCASTING LICENCES: WHETHER LEGAL CLAIM FOR COMPENSATION: MORAL CLAIM FOR UNFAIR TREATMENT
Key Legislation
The Postmaster-General asks for advice as to the legal position as regards the present proposals, and refers to the Solicitor-General’s opinion of 21st May, 1924.1
The question is whether the substitution of the broadcasting scheme now proposed for that in existence under the Regulations now in force will give holders of broadcasting station licences any legal or moral claim for compensation.
Opinion Number. 1351
Subject
| Date
Shipping
power of commonwealth to legislate as to pilotage: territorial limits of operation of commonwealth legislation
Key Legislation
NAVIGATION ACT 1912 Part VIII, s 332: CONSTITUTION covering cl 5, ss 51(i), (xxxix), 98
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
Opinion Number. 1352
Subject
| Date
Public service
transferred officers: existing and accruing rights: payment of increments under state law: power of commonwealth to reduce salary
Key Legislation
CONSTITUTION ss 52, 84: COMMONWEALTH PUBLIC SERVICE ACT 1902 ss 60, 74: PUBLIC SERVICE ACT 1890 (Vic) Schedule 3
The Secretary, Postmaster-General’s Department, has asked for advice upon the questions raised by a letter, dated the 26th February, 1924, from Messrs. Glynn, McEwin & Napier, Solicitors, Adelaide. The letter reads as follows:
We have been consulted by a number of officers formerly in the employ of the Post and Telegraph Department of South Australia and taken over by the Commonwealth when that Department was transferred pursuant to the Constitution.
Opinion Number. 1353
Subject
| Date
Commonwealth contracts
supply by commonwealth from flinders naval depot of electricity to railway commissioners: power to enter into contract: executive power: agreement incidental to administration of a Department: execution of agreement
Key Legislation
CONSTITUTION ss 61, 64
The Secretary, Department of Defence, has forwarded papers dealing with the supply of electricity from the Flinders Naval Depot to the Railway Commissioners for lighting purposes at Crib Point Railway Station.
In connection with the execution of the agreement between the Commonwealth and the Railway Commissioners the Minister for Defence has written the following minute:
Opinion Number. 1354
Subject
| Date
Income tax
LIABILITY OF UNITED STATES SHIPPING BOARD FOR INCOME AND WAR-TIME PROFIT TAXES ON INCOME AND PROFITS EARNED IN AUSTRALIA BY VESSELS OWNED OR CONTROLLED BY BOARD: SHIPS CHARTERED TO US GOVERNMENT-OWNED TRADING CORPORATION: LIABILITY OF CORPORATION TO TAXATION: IMMUNITY FROM LEGAL PROCEEDINGS
Key Legislation
LAND AND INCOME TAX ACT 1916 (NZ) s 108: INCOME TAX ACT 1915: WAR-TIME PROFITS TAX ACT 1917: SHIPPING ACT 1916 (US) s 11
The Secretary to the Prime Minister’s Department has submitted for advice the question whether the agents in Australia of the United States Shipping Board are liable to pay income, and war time profits, taxes on income and profits earned in Australia by vessels owned or controlled by the Board.?Attached to the file is an opinion of the Solicitor-General of New Zealand who advises upon two questions:
Opinion Number. 1355
Subject
| Date
New Guinea Judiciary
termination of appointment as judge of territory of new guinea: cancellation of office: prescription of number of judges so as to require termination of appointment of judge
Key Legislation
NEW GUINEA ACT 1920 s 12: JUDICIARY ORDINANCE 1921 (NG): ACTS INTERPRETATION ACT 1901 s 33(4)
The Secretary, Home and Territories Department, has submitted the following memorandum to me for advice:
Section 12 of the New Guinea Act 1920 provides that the Governor-General may appoint such officers as are necessary for the administration of that Act or for the proper government of the Territory.