WAR GRATUITY: PRODUCTION OF COMMONWEALTH DOCUMENTS
CONFIDENTIAL EVIDENCE BEFORE WAR GRATUITY BOARD: WHETHER CAN BE WITHHELD ON GROUND OF PUBLIC POLICY
The Chairman of the Central War Gratuity Board has forwarded for opinion the following memorandum:
Your opinion is desired as to whether a War Gratuity Board can claim privilege in refusing to produce evidence given before it when served with a subpoena requiring it to do so by a Court of Petty Sessions, or other court.
The objections to the production of such evidence are:
REPATRIATION
POWER TO GRANT FREE PASSAGE TO FIANCEES OF MEMBERS OF AUSTRALIAN IMPERIAL FORCE: WHETHER REPATRIATION COMMISSION CAN RESTRICT EXERCISE OF POWER
AUSTRALIAN SOLDIERS' REPATRIATION REGULATIONS 1920, regs 44, 116
The Minister for Repatriation has referred to me for advice the following minute together with the file of papers relating to the question raised in the minute:
As I understand the point raised in this file, the Repatriation Commissioners have by a ruling (copy of circular letter on the subject attached) directed that their Deputies shall only pay £32.8.0 towards the passage money of fiancees of members of the A.I.F. journeying from England to Australia. The regulation on the question reads as follows:
116 A Board may grant a free passage to-
PUBLIC WORKS COMMITTEE
DISMISSAL OF EMPLOYEE WHO GAVE EVIDENCE BEFORE SECTIONAL COMMITTEE: WHETHER AN OFFENCE
COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, ss. 26, 28, 29, 30
The Secretary to the Parliamentary Standing Committee on Public Works has requested advice as to the powers of the Committee in a case where a person who has given evidence before a Sectional Committee has been dismissed from his employment by his employer on account of the evidence so given.
Section 26 of the Commonwealth Public Works Committee Act 1913-1914 provides as follows:
QUARANTINE
VACCINATION OF STEVEDORES BY DEPARTMENT OF HEALTH: WHETHER COMMONWEALTH IS LIABLE FOR LOSS OF TIME
QUARANTINE ACT 1908, ss. 18, 75
The Director-General of the Department of Health has forwarded me the following memorandum for advice:
The s.s. Gracchus arrived in Melbourne on 7 April 1921, and was unloaded by stevedores working from 7 to 9 April, inclusive.
NAVIGATION AND SHIPPING
WHETHER CARGO INCLUDES FREIGHT WHICH IS PROPERTY OF SHIPOWNER
NAVIGATION ACT 1912, ss. 7, 423
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
The question has arisen as to whether an unlicensed ship can carry, between Commonwealth ports, goods the bona fide property of the shipowner without such constituting engagement in the coasting trade; in other words, as to whether the goods referred to are to be regarded as 'cargo' within the meaning of section 7 of the Navigation Act.
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER STATE STAMP DUTY IS PAYABLE ON DOCUMENTS EXECUTED BY WAR SERVICE HOMES COMMISSION
As regards the documents referred to in paragraphs (b) and (e) of your minute of 27 June 1921(1), I am very doubtful, in view of the decisions of the High Court in the cases of Commonwealth v. New South Wales 25 C.L.R. 325 and Amalgamated Society of Engineers v. Adelaide Steamship Co. Ltd 28 C.L.R. 129, whether the High Court would hold that the documents referred to in those paragraphs are exempt from stamp duty, and I suggest that the question of the liability of those documents be not raised.
CRIMINAL LAW
PROPOSED COMMONWEALTH OFFENCE IN RELATION TO DAMAGE TO ANY RAILWAY TUNNEL, BRIDGE, VIADUCT OR OTHER FACILITIES: WHETHER STATE LAW WOULD BE DISPLACED
CONSTITUTION, s. 109
The Acting Secretary to the Representatives of the Government in the Senate has forwarded for advice the following memorandum:
During the debate in committee of the Senate in connection with clause 35 of the Defence Bill 1921 a question was raised by Senator Elliott as to whether this clause, if given effect to, would override the ordinary criminal law.
Clause 35 of the Defence Bill is as follows:
35 After section eighty-four of the Principal Act the following sections are inserted:
PUBLIC SERVICE ARBITRATION
WHETHER NORTHERN TERRITORY PUBLIC SERVANTS MUST JOIN ONE REGISTERED ASSOCIATION: JURISDICTION OF COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION OVER PUBLIC SERVANTS: CROWN NOT BOUND BY STATUTES UNLESS NAMED
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904, ss. 4, 19: ARBITRATION (PUBLIC SERVICE) ACT 1911: ARBITRATION (PUBLIC SERVICE) ACT 1920, ss. 3, 4, 11: PUBLIC SERVICE ORDINANCE 1913 (NT.)
The Secretary, Home and Territories Department, forwards the following memorandum for advice:
The following telegram has been received from the Administrator of the Northern Territory, Darwin:
COMMONWEALTH IMMUNITY FROM STATE LAWS
BILLS OF LADING ISSUED TO COMMONWEALTH: WHETHER LIABLE TO STATE STAMP DUTY
CONSTITUTION, s. 114: STAMP DUTIES ACT 1920 (N.S.W.), s. 54 (2)
The Secretary, Department of Defence, has asked for advice as to the attitude that Department should adopt in view of the refusal of certain shipping companies to execute unstamped bills of lading for goods shipped by the Commonwealth.
COMMONWEALTH IMMUNITY FROM STATE LAWS
STATE LAW PROHIBITING DEALINGS IN BANK ACCOUNT OF DECEASED PERSON WITH CERTIFICATE FROM STAMP COMMISSIONER: WHETHER APPLICABLE TO COMMONWEALTH SAVINGS BANK: STAMP DUTY ON WITHDRAWAL FORMS USED IN SAVINGS BANK BUSINESS
CONSTITUTION, s. 109: COMMONWEALTH BANK ACT 1911, s. 44: STAMP DUTIES ACT 1898 (N.S.W.), Second Schedule: STAMP DUTIES (AMENDMENT) ACT 1914 (N.S.W.). Schedule 1: STAMP DUTIES ACT 1920 (N.S.W.), Second Schedule
The Secretary to the Treasury has submitted to me for advice the following letters from the Governor of the Commonwealth Bank:
I forward herewith a copy of the New South Wales Stamp Duties Act No. 47 of 1920, which was assented to on 31 December last.
I shall be glad if you will draw the attention of the Solicitor-General for the Commonwealth to section 122 (3) which specially applies to this Bank.