Legal Opinions

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

From reports received from the Deputy Directors of Navigation in the several States, it is obvious that, on 1 July next, on which date the coasting trade provisions (among others) of the Navigation Act come into operation, there will be a large number of vessels in regard to which the provisions of sections applicable to ships 'engaged in the coasting trade', e.g. sections 135 and 136, relating to the accommodation for officers and seamen, will not have been complied with.

On 8 June 1921 the Comptroller-General of Customs forwarded the following letter from Mr Peick for advice:

In reply to your letter of 1st instant I beg to thank you for acquainting me of the decision of the Crown Law authorities.

I respectfully beg to submit that the partial execution of the above contracts with the Company in Hamburg was suspended on account of the declaration of war as the salary was not paid in full, and that the claim therefore comes within the terms of paragraph 2, Article 296, of the Treaty of Peace.

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

With reference to the Solicitor-General's opinion of 11.6.21⁽¹⁾, on the question as to whether persons travelling free should be regarded as passengers within the meaning of the Navigation Act, the following questions have been submitted by the Orient Line of Royal Mail Steamers and are referred for favour of advice:

Under the clauses of the Act which come into force on 1 July 1921, is it permissible-

The following memorandum, signed by Colonel Seaforth Mackenzie and Mr Walter H. Lucas, has, by direction of the Minister for Defence, been submitted to me for advice:

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

Section 136 provides, inter alia, that:

Every place in a ship registered in Australia or engaged in the coasting trade, which is appropriated to the berthing accommodation of seamen or apprentices, shall-

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(b) not be below the winter load-line of the ship.

The President of the Senate:

The President of the Senate has forwarded me the following memorandum for advice:

On 20 May last the Treasury Department forwarded to this Department copy of a circular relating to new furlough conditions, copy of which is on the file forwarded herewith.

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

The aggregate balance sheet of the Commonwealth Bank of Australia, prescribed by the Regulations under the Commonwealth Bank Act 1911-1920, Form T, (Statutory Rules 1921 No. 4), includes in the liabilities and assets the total figures of the Note Issue Department.

2. Section 60C of the Act reads as follows:

For the purposes of this Part there shall be a Note Issue Department of the Bank, which shall be kept distinct from all other departments of the Bank.

The following minute has been forwarded to me by the Comptroller-General of Customs for advice:

As the question of censoring Australian-made cinematograph films is being raised by certain organisations, it is suggested that the Attorney-General's Department be requested to advise whether the Federal authorities could exercise any control over such films under the Copyright Act, or other legislation; and, if so, what steps would be necessary to enable the Commonwealth film censors to exclude objectionable films or scenes.

The Secretary, Prime Minister's Department:

The Secretary to the Prime Minister's Department has submitted for advice the question whether the Treaty of Peace Regulations in their present form contain sufficient authority to enable the Custodian of Enemy Property to retain and liquidate property which is the changed form of German property which existed as at 10 January 1920, and which as at that date was subject to the terms of Article 297 of the Treaty of Peace between the Allied and Associated Powers and Germany.

The Chairman of the Repatriation Commission has forwarded for opinion the following memorandum:

In section 22 of the Act the definition of the word 'Dependant' means-(inter alia) (c) any ex-nuptial children of that person born before the occurrence of the event resulting in his death or incapacity as aforesaid or within nine months after that event.

This precludes the ex-nuptial child born to an incapacitated soldier after nine months of his incapacity from receiving a pension.