The Comptroller-General of Customs has forwarded me the following memorandum for advice:
Legal Opinions
Opinion Number. 1116
Subject
| Date
NAVIGATION AND SHIPPING
ENGAGEMENT IN COASTING TRADE: GOODS ON THROUGH BILL OF LADING TO OR FROM PORT BEYOND AUSTRALIA NOT INCLUDED: POSITION WHERE SHIPMENT TO PORT IN AUSTRALIA IS SUBSEQUENTLY EXTENDED TO ANOTHER PORT
Key Legislation
NAVIGATION ACT 1912, s. 7
Opinion Number. 1117
Subject
| Date
INCOME TAX STATUTORY EFFECT GIVEN TO OPINION OF COMMISSIONER: WHETHER FORMING OF OPINION IS FUNCTION OF COMMISSIONER THAT CAN BE DELEGATED
Key Legislation
INCOME TAX ASSESSMENT ACT 1915, ss. 3. 7. 50A
The Naval Secretary has forwarded for advice the following memorandum:
With reference to sections 88 and 89 of the Naval Discipline Act, which read as follows:
His Majesty's land forces, when embarked on board any of His Majesty's ships, shall be subject to the provisions of this Act to such extent and under such regulations as His Majesty, His heirs and successors by any Order or Orders in Council, shall at any time or times direct.
Opinion Number. 1118
Subject
| Date
WAR PENSIONS POWER OF REPATRIATION COMMISSION TO REVIEW RATES OF PENSION FOR PERIOD BEFORE ESTABLISHMENT OF COMMISSION
Key Legislation
WAR PENSIONS ACT 1914, ss. 6, 7: AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, ss. 3, 27, 28
The Chairman of the Repatriation Commission has forwarded for advice the following memorandum:
A pensioner was granted a full pension on 2.2.1916 which was subsequently reduced to half rate on 12.10.1916 and latterly increased to three-quarter rate as from 7.10.1920. This was on the examining medical officer's assessment at each review.
Pensioner now applies for the pension to be amended to three-quarter rate as from 12.10.1916 to date of increase, 7.10.1920.
Opinion Number. 1119
Subject
| Date
NATURALIZATION NATURALIZATION APPROVED UNDER WESTERN AUSTRALIAN LAW BUT NO CERTIFICATE ISSUED BEFORE COMMENCEMENT OF COMMONWEALTH LEGISLATION: PERSON NOT A NATURALIZED SUBJECT
Key Legislation
NATURALIZATION ACT 1903: NATIONALITY ACT 1920, s. 33: NATURALIZATION ACT 1871 (W.A.), s. 4
The Secretary, Home and Territories Department, has submitted the following memorandum to me for advice:
The accompanying file relates to an application for naturalization made by A.B.C.D., in 1897, under the Western Australian State law.
Opinion Number. 1120
Subject
| Date
PREFERENCE TO ONE STATE OVER ANOTHER STATE LOWER STANDARDS PROPOSED FOR FRUIT SHIPPED FROM TASMANIA: FRUIT TO BE MARKED 'TASMANIA' AS AGAINST 'AUSTRALIA' FOR MAINLAND FRUIT: WHETHER PREFERENCE TO TASMANIA
Key Legislation
CONSTITUTION, s. 99: APPLES AND PEARS ACT 1918 (TAS.), s. 3
The Comptroller-General of Customs has forwarded to me the report, dated 17 January 1921, of the Inter-State Conference of Fruitgrowers and Government Fruit Experts to the Minister for Trade and Customs, which that Minister has minuted as follows:
I wish the marked portion of page 4 to be submitted to the Attorney-General for an opinion as to whether section 99 of the Constitution would in his opinion prevent this proposal being given effect to if it were considered desirable to take the course proposed.
Opinion Number. 1121
Subject
| Date
GOVERNOR-GENERAL
RETURN OF DESERTING BRITISH SOLDIERS TO SINGAPORE: WHETHER GOVERNOR-GENERAL MAY ORDER
Key Legislation
CONSTITUTION, ss. 2, 68: ARMY ACT (IMP.), s. 122: KING'S REGULATIONS (IMP.), paragraph 519
In reply to your letter of 25 August I desire to inform you that I have considered the question whether the Commission of Sir William Irvine as Deputy of the Governor-General is sufficient authority for him to sign the Orders for the return of deserting British soldiers to Singapore.
Opinion Number. 1122
Subject
| Date
NAVIGATION AND SHIPPING
APPLICATION OF FEDERAL LAWS TO SHIPS ENGAGED PARTLY IN INTRA-STATE TRADE AND PARTLY IN INTER-STATE OR OVERSEAS TRADE: INTRA-STATE SHIPS CARRYING GOODS FOR EXPORT OR INTER-STATE TRANSPORT OR GOODS IMPORTED FROM OVERSEAS
Key Legislation
CONSTITUTION, ss. 51 (i), 98: NAVIGATION ACT 1912, s. 2
The Comptroller-General of Customs forwards the following memorandum for advice:
From a perusal of the text of the judgment of the High Court in the recent case, Commonwealth ats. Newcastle and Hunter River Steamship Co. Ltd(1), it would appear that whilst the judgment, being limited to the pleadings, was given in favour of the shipping companies, it is nevertheless substantially a victory for the Commonwealth.
Opinion Number. 1123
Subject
| Date
RESTITUTION OF CAPTURED PROPERTY
SILVER COIN ALLEGED TO BE CAPTURED BY GERMAN RAIDER "WOLF1: QUESTION OF RECOVERY
Key Legislation
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Part VIII, Section I, Arts 238, 239, Annex I, paragraph (9)
The Secretary to the Treasury has forwarded me the following minute for advice:
The Commonwealth Bank has brought under notice that a parcel of Australian silver, about £2,500 has been offered for sale by the London City and Midland Bank on behalf of a Dutch client. The Bank surmises that portion of this silver is identical with the £2,400 in shillings, which was captured from the Matunga by the raider Wolf, and suggests that there may be some means under the Treaty of Peace by which its return can be insisted upon.
Opinion Number. 1124
Subject
| Date
NAVIGATION AND SHIPPING
WAGES TO BE PAID MONTHLY: CALCULATION OF WAGES FOR PART OF A MONTH
Key Legislation
NAVIGATION ACT 1912, s. 77
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
Opinion Number. 1125
Subject
| Date
INCONSISTENCY
CERTIFICATES OF LIEN FROM BANKS MAKING ADVANCES TO INVESTORS IN COMMONWEALTH LOANS: WHETHER LIABLE TO STATE STAMP DUTY
Key Legislation
CONSTITUTION, s. 109: COMMONWEALTH INSCRIBED STOCK ACT 1911. s. 20A: STAMP DUTIES ACT 1920 (N.S.W.), ss. 24, 38
The Secretary to the Treasury has forwarded to me for advice the following letter from the Secretary of the Commonwealth Bank, Sydney:
Under the New South Wales Stamp Duties Act of 1920 all securities for advances must be stamped.