ENEMY PROPERTY
EXPROPRIATED PROPERTY IN NEW GUINEA: METHOD AND DATE OF VALUATION
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919). Art. 297 (b), (c)
The Secretary to the Prime Minister's Department has submitted to me the following memorandum for advice:
I shall be glad to be favoured with your advice as to the procedure to be followed in fixing the amount of compensation payable in respect of the liquidation of properties of German nationals in the Territory of New Guinea under Article 297 of the Treaty of Peace.
PUBLIC SERVICE
CLEAR ACQUITTAL OF CHARGE BY BOARD OF INQUIRY. WHETHER FINDING MAY BE REFERRED BACK FOR RECONSIDERATION
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46
The Secretary to the Public Service Commissioner has submitted for advice the question whether it is competent for a Chief Officer, who has referred to a Board of Inquiry a charge laid under section 46 of the Commonwealth Public Service Act 1902-1918 and received the Board's finding thereon, to refer the finding back to the Board for reconsideration.
NATIONALITY
GERMAN NATIONAL NATURALIZED IN AUSTRALIA: WHETHER GERMAN NATIONALITY LOST
NATURALIZATION ACT 1903, s. 8: NATURALIZATION ACT 1870 (IMP.), s. 7: LAW ON IMPERIAL AND STATE NATIONALITY 1913 (GERMANY), ss. 17, 25: TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Part X, Section IV: TREATY OF PEACE REGULATIONS, reg. 20
The Comptroller-General of Customs forwards the following memorandum for advice:
Attention is invited to the attached copy of wire dated 15.7.1921 addressed from this Office to the Collector of Customs, Sydney, and of his reply of the 16th idem.
WAR SERVICE HOMES
DEPOSITS WITH COMMISSIONER OF AMOUNTS IN EXCESS OF INSTALMENTS DUE: WHETHER CAN BE APPLIED TO CARRY OUT IMPROVEMENTS ON HOME
WAR SERVICE HOMES ACT 1918, s. 29 (2), (3)
The War Service Homes Commissioner has forwarded me the following memorandum for advice:
A case has arisen where a sum was received on behalf of an applicant from an adjoining owner in respect of his half share of fencing. From this sum was taken an amount for payment of interest on progress instalments made for the erection of the house etc., and the balance of £22 10s6d was placed to the applicant's credit, vide sub-section 29 (2) of the Act.
ENEMY PROPERTY
COSTS OF DEPORTATION: WHETHER CAN BE CHARGED TO PROPERTY EXPROPRIATED FROM THE DEPORTEE
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 243
The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice:
With reference to your two opinions of 10 August(1), as to what are proper charges against the proceeds of expropriation, I beg to inform you that copies have been sent to the Secretary to the Treasury, and that he has replied, pointing out that the opinion given by you regarding the cost of deportation of a German was in a case in which it was proposed to recover from the expropriated property of another person.
ENEMY PROPERTY
PROPERTY BEQUEATHED TO RESIDENT OF FREE DANZIG: WHETHER SUBJECT TO CHARGE UNDER TREATY OF PEACE REGULATIONS
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919). Arts 105. 297 (b): TREATY OF PEACE REGULATIONS, reg. 20
The following minute from the Comptroller-General of Customs and Public Trustee has been referred to me for advice:
By his will A.B. (deceased) late of 366 Little Collins Street, Melbourne, bequeathed one fifth share of his estate to one Fanny Frankenstein of Danzig.
WORKERS' COMPENSATION: SEAMEN'S COMPENSATION
DEATH OF EMPLOYEE DUE TO DISEASE: WHETHER ILLNESS OR DEATH BY DISEASE IS COMPENSABLE
SEAMEN'S COMPENSATION ACT 1911: COMMONWEALTH WORKMEN'S COMPENSATION ACT 1912: LAWS REPEAL AND ADOPTING ORDINANCE 1921 (N.G.)
The Secretary to the Prime Minister's Department has forwarded a file of papers relating to the death of A.B., an employee of the Expropriation Board in the Territory of New Guinea, and has requested advice as to whether the Commonwealth is liable to pay compensation to the dependants of the late A.B. under either the Commonwealth Workmen's Compensation Act 1912 or the Seamen's Compensation Act 1911 which have been applied to the Territory of New Guinea under the Laws Repeal and Adopting Ordinance 1921.
ADMINISTRATOR OF NORTHERN TERRITORY
APPOINTMENT OF ADMINISTRATOR FOR TERM NOT AUTHORISED BY ACT: WHETHER APPOINTMENT WAS EFFECTIVE: ACCEPTANCE OF RESIGNATION REQUIRED
NORTHERN TERRITORY (ADMINISTRATION) ACT 1910, s. 4 (1): ACTING ADMINISTRATOR ORDINANCE 1917 (NT.), s. 2
The Secretary, Department of Home and Territories, has forwarded me the following memorandum for advice:
By direction, I am forwarding herewith copies of communications (two) recently received from Dr J.A. Gilruth, in which he raises the question of his 'present or prospective official position' and puts forward the view that he 'still holds the position of Administrator' of the Northern Territory.
PUBLIC SERVICE RIGHTS OF TRANSFERRED OFFICER TO FURLOUGH UNDER STATE LAW: WHETHER OFFICER CAN BE REQUIRED TO TAKE FURLOUGH AS MATTER OF DISCIPLINE
CONSTITUTION, s. 84: COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 71
The Secretary to the Public Service Commissioner has submitted the following memorandum to me for advice:
ENEMY DEBTS
INTEREST OWED TO A GERMAN COMPANY: WHETHER INCOME TAX PAID IN RESPECT OF INTEREST CAN BE DEDUCTED
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 296, Annex, paragraph 22: TREATY OF PEACE REGULATIONS, reg. 25
The Controller of the Clearing Office has submitted to me the following minute for advice:
Forwarded herewith is file relative to the indebtedness of Noyes Bros (Sydney) Ltd to the Mannesmannrohren Werke, Berlin.