WAR GRATUITY
LODGMENT OF WAR GRATUITY BOND OR CASH WITH COMMONWEALTH BANK TO BE HELD FOR OR PAID TO CLAIMANT: WHETHER PART OF CLAIMANT'S ESTATE ON HIS DEATH: WHETHER BANK ACTS FOR COMMONWEALTH OR CLAIMANT
WAR GRATUITY ACTS 1920, s. 9 (I)
The Secretary to the Department of Defence has forwarded for advice the following memorandum:
The following is a copy of a cablegram received from the High Commissioner's Office, London:
War gratuity, deceased soldier. Please advise how we should proceed in following cases:
NAVAL FORCES OF COMMONWEALTH
ENLISTMENT OF PERSON UNDER TWENTY-ONE WITH MOTHER'S CONSENT ONLY, FATHER BEING ALIVE: EXTENT TO WHICH ENLISTMENT IS BINDING: MEANING OF 'PARENT'
NAVAL DEFENCE ACT 1910, s. 25A
The Secretary to the Department of the Navy has forwarded for advice the following memorandum:
SPEAKER OF HOUSE OF REPRESENTATIVES
CHAIRMAN OF COMMITTEES CHOSEN TO PERFORM DUTIES OF SPEAKER IN HIS ABSENCE: SPEAKER ILL: WHETHER CHAIRMAN CAN ISSUE WRIT FOR VACANCY IN HOUSE
CONSTITUTION, ss. 33, 36
The Clerk of the House of Representatives forwards the following case for advice:
With reference to the vacancy for the Division of Maranoa, caused by the death of Mr James Page-in the case of a by-election, under section 33 of the Constitution the Speaker issues the writ. Under the same section, in the absence from the Commonwealth of the Speaker, the Governor-General in Council may issue the writ.
The Speaker is ill in Melbourne, and it is not considered advisable to ask him to sign the writ, especially as he is still unaware of the death of Mr Page.
ENEMY PROPERTY
ONUS OF PROVING THAT A PERSON, FIRM OR COMPANY IS OF GERMAN NATIONALITY: METHOD OF TAKING EVIDENCE IN AUSTRALIA ON NATIONALITY FOR USE IN NEW GUINEA
EXPROPRIATION ORDINANCE 1920 (N.G.), s. 3: TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 297
The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice:
On 14.3.[2]1, two brothers George J., and George Rudolph J., the latter known as Rudolph J., each made a statutory declaration in Sydney that he had-
NAVIGATION AND SHIPPING
PERSON CARRIED FREE ON SHIP WITH KNOWLEDGE AND CONSENT: WHETHER A 'PASSENGER'
NAVIGATION ACT 1912, ss. 6, 7: MERCHANT SHIPPING ACT 1854 (IMP.), s. 303: MERCHANT SHIPPING ACT 1894 (IMP.), s. 267: PILOTAGE ACT 1913 (IMP.)
The Comptroller-General of Customs has submitted the following minute to me for advice:
NATURALIZATION
REVOCATION OF CERTIFICATE OF NATURALIZATION WHERE PERSON IS RESIDENT OUT OF HER MAJESTY'S DOMINIONS FOR SEVEN YEARS: DISCRETION OF GOVERNOR-GENERAL REGARDING CONTINUANCE OF CERTIFICATE
NATIONALITY ACT 1920, s. 12 (2) (d)
The Secretary, Department of Home and Territories, has forwarded me the following memorandum for advice:
A man named A.B. of Russian origin, was naturalized by the Commonwealth in March 1911, but immediately afterwards left Sydney for Russia. In February 1915, he left Russia for Sweden on business matters, and in explanation of this visit he states:
My mission to Sweden was to carry through certain contracts in connection with national defence which the said firms had entered into with the then Russian Government.
PUBLIC SERVICE
OFFICER APPOINTED TO NEW GUINEA PUBLIC SERVICE: WHETHER EXISTING OR ACCRUING RIGHTS AFFECTED: WHETHER NECESSARY TO RESIGN
COMMONWEALTH PUBLIC SERVICE ACT 1902
The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice:
I desire to inform you that it has been decided to appoint Mr A.B.C, an officer of the Federal Taxation Department, to an administrative position in the Territory of New Guinea.
PUBLIC SERVICE ARBITRATION
AGREEMENT BETWEEN DEPARTMENT AND EMPLOYEES: WHETHER REGISTRABLE UNDER CONCILIATION AND ARBITRATION LEGISLATION
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904, Part VI; s. 80: ARBITRATION (PUBLIC SERVICE) ACT 1911: ARBITRATION (PUBLIC SERVICE) ACT 1920, s. 11
The Secretary, Department of Defence, has forwarded me the following memorandum for advice:
The enclosed copy of correspondence between this office and the Public Service Arbitrator, on the subject of the completion of an agreement with respect to rates of wages and conditions of employment at the Commonwealth Government Cordite Factory, is forwarded for favour of advice.
DEFENCE FORCES: BRITISH ORIGIN OR DESCENT
MEANING OF 'BRITISH ORIGIN OR DESCENT': WHETHER REFERS TO RACE OR NATIONALITY
MILITARY COLLEGE REGULATIONS, reg. 6 (i) (d)
The Secretary to the Department of Defence has requested advice as to whether there is any legal objection under the existing Military College Regulations to the admission of Mr A.B.C.D. to the Royal Military College as a Staff Cadet.
It appears from the file provided by the Secretary that Mr D. was born in Australia of Scandinavian parents who have been naturalized British subjects for the last thirty years.
REPATRIATION
POWER OF COMMISSION TO GRANT BENEFITS TO CLASSES OF PERSONS FOR WHOM SPECIFIC PROVISION IS NOT MADE: WHETHER AVAILABLE TO RATIFY REGULAR PAYMENTS: WHETHER MONEYS IRREGULARLY PAID ARE RECOVERABLE
AUSTRALIAN SOLDIERS' REPATRIATION REGULATIONS, regs 179, 183
The Auditor-General has forwarded, for advice, the following memorandum:
Certain payments made by the Department of Repatriation, Victoria, were not provided for by regulations under the Repatriation Act. Upon Audit query, however, the Repatriation Commission approved of the payments under Repatriation Regulation No. 179, which reads as follows: