New Guinea Judiciary
termination of appointment as judge in territory of new guinea: power to appoint includes power to remove: tenure ‘during the pleasure of the Governor-General’
NEW GUINEA ACT 1920 s 12: ACTS INTERPRETATION ACT 1901 s 33(4)
The Secretary, Home and Territories Department, has submitted the following memorandum to me for advice:
With reference to your memorandum of the 20th August, I am directed to inform you that Judge Drake-Brockman has raised the following points in connection with the proposed termination of his appointment:
New Guinea Judiciary
new guinea judiciary: abolition of office and termination of appointment of judge: removal from office: application of constitutions 72 to territory court
CONSTITUTION Chap III, ss 71, 72, 73, 122: JUDICIARY ORDINANCE 1921 (NG)
The Secretary, Department of Home and Territories, has forwarded me the following communication from Judge Drake-Brockman for advice upon the points raised by him in regard to the proposed abolition of his office and termination of his appointment:
Freedom of interstate intercourse
freedom of ‘intercourse’ between states: power of commonwealth to restrict movement of criminals between states: application of constitutions 92 to commonwealth
Influx of Criminals PREVENTION Act 1903 (NSW)s 3: Constitution ss 51(i), 92
The Secretary, Prime Minister’s Department, has forwarded the following letter from the Premier of New South Wales for advice:
In connection with the Influx of Criminals Prevention Act, 1903, I forward herewith copy of a paragraph which appeared in the Sydney press of 15th ultimo, containing remarks by the Chief Justice of this State in the Court of Criminal Appeal on the 14th idem.
I shall be glad if you will kindly look into the matter and advise me whether any action can be taken.
The paragraph referred to reads as follows:
Shipping
SHIPPING: OFFICERS’ CERTIFICATES OF COMPETENCY: POWER OF STATES TO ISSUE CERTIFICATES RELATING TO INTRASTATE NAVIGATION: power of commonwealth to issue certificates to officers on ships engaged in interstate carriage
Navigation Act 1912 Part II Div 3, ss 7, 14, 15-25: Constitutions 98: Navigation (Collision) Regulations 1923 regs 18,19
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
EMPLOYMENT OF ABORIGINALS
EMPLOYMENT OF ABORIGINALS BY COMMONWEALTH: WHEtHER COMMONWEALTH BOUND BY Northern Territory Aboriginal Ordinance
Northern Territory Aboriginal Ordinance 1913 (NT) Part IV
The Secretary, Postmaster-General’s Department, has forwarded the following memorandum to me for advice:
NORFOLK ISLAND
norfolk island: MOTOR VEHICLES: liability FOR injury to person or property: CRIMINAL LAW: NEGLIGENCE
Administration Ordinance 1913 (NI) Part II, s 15: CriMes Act 1900 (NSW) ss 53, 54: Public Roads and Public Notice Ordinance (NI) ss 6, 7: Proclamation of 23 December 1913 NSW Government Gazette<span class="char-style-override-3"> 24 December 1913 p 95
The following memorandum has been referred by the Secretary, Department of Home and Territories, to me for advice:
The Administrator of Norfolk Island has represented that one of the residents of the Territory has imported a motor car which has become a menace to life, owing to the fact that the horses of the Island are unaccustomed to motor cars and will not pass them on the roads.
NORTHERN TERRITORY
EXERCISE OF POWERS AND FUNCTIONS BY ADMINISTRATOR OF NORTHERN TERRITORY: EXERCISE IN ACCORDANCE WITH INSTRUCTIONS BY MINISTER: EXERCISE IN ABSENCE OF ANY INSTRUCTIONS
Northern Territory (Administration) Act 1910 s 4: Northern Territory Government Ordinance 1911 (NT) ss 4, 5
The following memorandum has been referred by the Secretary, Department of Home and Territories, to me for advice:
INCOME TAX
LIABILITY TO INCOME TAX OF income derived in Australia by ships owned by foreign government: WHETHER payment of tax could be enforced by legal proceedings against foreign government or its agent in Australia
Income Tax Assessment Act 1922
The Commissioner of Taxation has forwarded me the following memorandum for advice:
I have recently perused your opinion No. 156 of 1924(1) dealing with the position of the Emergency Fleet Corporation of U.S.A., inter alia as regards its liability to income tax, and have instructed my Deputy Commissioners accordingly to assess and collect tax upon income derived in Australia by ships owned or chartered by that Corporation.
TRADEMARKS
Trademark ‘kangaroo’: REGISTRATION OF TRADEMARK IN AUSTRALIA: protection in england and elsewhere outside australia: PROCEEDINGS FOR REMOVAL OF UNUSED TRADEMARK
Customs Act 1901: Trade Marks Act 1905 (U.K.) (5 Edw. VII c. 15) s 37
The Comptroller-General of Customs has forwarded for advice the following memorandum:
With reference to my memo of the 16th August 1924 and previous correspondence relative to the registration as a trade mark of the brand and word ‘Kangaroo’ for application to certain butter and cheese exported from the Commonwealth, which brand is being regarded as Australia’s national brand of quality when applied to such produce, I desire to enclose herewith for information and advice copy of a cablegram which has been received from the High Commissioner’s Office in London.
BANKING
BANKING: PROCLAMATION OF RURAL BANK OF NEW SOUTH WALES AS BANK FOR PURPOSES OF COMMONWEALTH BANK ACT: APPLICATION OF ACT TO STATE BANKING: VALIDITY OF PROCLAMATION
COMMONWEALTH BANK ACT 1911 s 60AD: Government Savings Bank (Rural Bank) Act 1920 (NSW): Government Savings Bank ACT 1906 (NSW): Constitution s 51 (xiii)
The Secretary to the Treasury has forwarded me the following memorandum for advice:
In this section the word ‘Bank’ means a person or corporation carrying on the business of banking, and includes any person or corporation which receives deposits from the public and allows interest thereon and which is proclaimed by the Governor-General to be a bank for the purposes of this section.