WAR PRECAUTIONS
PARTICULARS TO BE FURNISHED TO COLLECTOR OF CUSTOMS BY AGENTS OF OVERSEA FIRMS: NAMES AND PARTNERS OF BRANCHES DIFFERENT FROM THOSE OF HEAD OFFICE: STILL BRANCHES IF BUSINESS AND PROFITS ARE FOR HEAD OFFICE
WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 19 (4) (b) (iv)
The Comptroller-General of Customs has submitted to me the following minute for advice:
E.A. Harris, writing as Attorney for Ford, Rhodes & Ford, Public Accountants, London, has raised the following questions in connection with section 19 of the War Precautions Act Repeal Act 1920:
NATURALIZATION
EFFECT IN AUSTRALIA OF NATURALIZATIONS GRANTED IN UNITED KINGDOM BEFORE AND AFTER COMMENCEMENT OF BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914: MEANING OF 'NATURALIZED SUBJECT OF THE KING' IN AUSTRALIAN ELECTORAL LAW
COMMONWEALTH ELECTORAL ACT 1918, s. 39: NATIONALITY ACT 1920, s. 15: NATURALIZATION ACT 1870 (IMP.), s. 7: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP), Part II
The Secretary, Department of Home and Territories, has submitted the following minute for advice:
I shall be glad if you will favour me with advice regarding the following:
NAVIGATION AND SHIPPING
AGENT OF SHIPOWNER COMPANY: AGENT OR AGENT'S STAFF CONVEYED BETWEEN AUSTRALIAN PORTS: WHETHER 'PASSENGERS'
NAVIGATION ACT 1912. ss. 6, 7
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
NAVIGATION AND SHIPPING: OATHS
ADMINISTRATION OF OATHS UNDER COMMONWEALTH LAW: OATHS' INCLUDES AFFIRMATIONS WHERE ALLOWED UNDER STATE LAW: FORM OF OATH AND AFFIRMATION TO BE FOUND IN STATE LAW
NAVIGATION ACT 1912, s. 413 (I) (e)
The Comptroller-General of Customs has forwarded me the following minute for advice:
Section 413 of the Navigation Act provides that the Minister, or any person authorised by him, may, among other things, administer oaths.
PUBLIC SERVANT
EXTENT TO WHICH MISCONDUCT OUTSIDE OFFICIAL DUTY AMOUNTS TO DISGRACEFUL OR IMPROPER CONDUCT
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46
The Secretary to the Public Service Commissioner has forwarded me the following memorandum for advice:
A.B.C, Assistant, Postmaster-General's Department, Western Australia, was charged under section 46 of the Commonwealth Public Service Act 1902-1918 with improper conduct in that he committed an act affecting the reputation of the Commonwealth Public Service in that he, a public servant, did obtain property on loan from a certain person and used it as a pledge for his own benefit.
ENEMY PROPERTY
APPLICATION OF PEACE TREATIES TO TERRITORY GOVERNED BY AUSTRALIA UNDER A MANDATE
NAVIGATION ACT 1912, s. 6: NEW GUINEA ACT 1920, s. 4: TREATY OF PEACE (GERMANY) ACT 1919-1920, s. 1A: TREATY OF PEACE (GERMANY) ACT 1920, s. 3: TREATIES OF PEACE (AUSTRIA AND BULGARIA) ACT 1920, s. 2: TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND AUSTRIA (1919), Art. 249 (b): TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND BULGARIA (1919), Art. 177 (b)
The Comptroller-General of Customs has submitted the following minute for advice:
Section 1A of the Treaty of Peace (Germany) Act 1919-1920 reads:
This Act shall apply to the Territories under the Authority of the Commonwealth, including any territory governed by the Commonwealth under a mandate.
WAR GRATUITY
GENERAL REGULATION-MAKING POWER: INCLUDES POWER TO PRESCRIBE PENALTIES
WAR GRATUITY ACTS 1920, s. 20
With reference to your memorandum of 5 July 1921, I have to inform you that although the War Gratuity Acts 1920 do not in express terms give power to make regulations for providing penalties against the regulations generally, this Department has taken the view that a general power to make regulations for carrying an Act into effect would include power to make regulations prescribing penalties for breaches of the regulations. At the same time, it is desirable that when a Bill is being drawn an express power to this effect should be taken if it is likely to be required.
NAVIGATION AND SHIPPING
ENGAGEMENT IN COASTING TRADE: PASSENGERS ON THROUGH TICKET TO OR FROM PORT BEYOND AUSTRALIA NOT INCLUDED: POSITION WHERE TICKET TO PORT IN AUSTRALIA IS SUBSEQUENTLY EXTENDED TO ANOTHER PORT
NAVIGATION ACT 1912, s. 7
I am in receipt of your memorandum (undated) relative to the question of engagement in the coasting trade.
The necessity for the revision of the circular has arisen in connection with the interpretation of the words 'through tickets' as used in section 7 of the Navigation Act 1912-1920.
Some misconception appears to have arisen in connection with the question of what is and what is not engagement in the coasting trade.
Section 7 of the Act provides that:
NAVIGATION AND SHIPPING: NAVAL FORCES OF COMMONWEALTH
APPLICATION OF NAVIGATION ACT: NON-COMMISSIONED FLEET AUXILIARY: WHETHER A SHIP BELONGING TO NAVY OF THE COMMONWEALTH
NAVIGATION ACT 1912, s. 3
The Comptroller-General of Customs has submitted the following memorandum to me for advice:
Section 3 of the Navigation Act provides that the Act shall not apply to, inter alia, 'ships belonging to the . . . Navy of the Commonwealth'. The question has arisen as to whether, under this provision, the s.s. Biloela, controlled by the Department of the Navy, is exempted from the provisions of the Act.
ENEMY PROPERTY
EXPROPRIATED PROPERTY IN NEW GUINEA: POSITION OF INTEREST PAYMENTS, PROFITS AND LIABILITIES
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 296
The Secretary, Prime Minister's Department, has submitted the following memorandum for advice:
In connection with the audit of the transactions of the expropriated companies etc. in the Territory of New Guinea, I shall be glad to have authoritative decision in the following cases: