The Secretary to the Department of Markets and Migration has forwarded for advice the following memorandum:
Legal Opinions
11
Opinion Number. 1387
Subject
| Date
Taxation
POWER TO PROVIDE LEVY ON STOCK IN STATES WHICH HAVE NOT PASSED MEAT ENCOURAGEMENT ACTS: whether discrimination between states
Key Legislation
Constitution s 51(ii)
12
Opinion Number. 1388
Subject
| Date
Shipping
shipping: collision between intrastate and interstate ships: collision in waters used by ships engaged in trade or commerce with other countries and among the States: application of commonwealth and state regulations relating to collisons between ships: inconsistency
Key Legislation
Navigation Act 1912 ss 258, 394, 413(1)(c), 413(1)(e): Navigation (Collision) RegulationS 1923 reg 4, Schedule art 19: Navigation Act 1901 (NSW) Schedule 7: Regulations for Preventing Collisions at Sea (NSW) art 18: Constitution s 109
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
13
Opinion Number. 1389
Subject
| Date
Nationality
effect on qualifying period of residence of absence from australia for health reasons
Key Legislation
Nationality Act 1920
The Secretary to the Home and Territories Department has forwarded for advice the following memorandum:
An application for naturalization has been received from a person who arrived in Australia on the 15th November, 1920. He resided here continuously until the 2nd July, 1925, when he left for a trip abroad for the purpose of accompanying his wife, who was in ill-health and was ordered to take a long sea voyage. He returned to Australia on the 20th January last.
14
Opinion Number. 1390
Subject
| Date
Export of meat
requirement for registration under commonwealth act of all establishments for slaughter, treatment and storage of meat for export: whether establishments also have to comply with state law prohibiting slaughter of stock except at abattoir registered under state act
Key Legislation
Customs Act 1901: Commerce (Trade Descriptions) Act 1905: Commerce (Meat Export) Regulations 1923 Part II, regs 5,6: Abattoirs Act 1909 (WA) ss 3, 6(1)(a): Abattoirs Regulations 1909 (WA) reg 25
The Secretary, Commonwealth Public Service Board, has forwarded me the following memorandum for advice:
15
Opinion Number. 1391
Subject
| Date
Workers compensation
whether state workmen’s compensation act applies to governor-general’s establishment at admiralty house sydney and to commonwealth shipping board: statutory construction: inconsistency
Key Legislation
Workers’ Compensation Act 1926 (NSW): Commonwealth Workmen’s Compensation Act 1912: COMMONWEALTH Shipping Act 1923 ss 12, 20
The Secretary, Prime Minister’s department, has asked for advice as to whether the New South Wales Workmen’s Compensation Act 1926 applies to (1) the Governor-General’s establishment at Admiralty House, Sydney, and (2) the Commonwealth Shipping Board.
(1) The Governor-General’s establishment at Sydney
The facts in regard to the Governor-General’s establishment at Sydney are set out in the following extract from a memorandum from the official Secretary to the
Governor-General:
16
Opinion Number. 1392
Subject
| Date
Public Service
prohibition of performance of work outside commonwealth service: officer practising as licensed bookmaker: whether engaged in or undertaking business: ‘business’: whether engaged in a profession: ‘profession’
Key Legislation
COMMONWEALTH Public Service Act 1922 ss 55(1)(d), 91(1)
The Secretary, Commonwealth Public Service Board, has forwarded me the following memorandum for advice:
17
Opinion Number. 1393
Subject
| Date
Wireless Telegraphy
whether officers of postmaster-general’s department can be compelled to attend and give evidence at proceedings before arbitrator: power of arbitrator to compel attendance of witnesses
Key Legislation
Wireless Telegraphy Regulations reg 62: Arbitration Act 1902 (NSW) ss 10, 18
The Secretary, Postmaster-General’s Department, has forwarded the following memorandum for advice:
In accordance with regulation 62(3), the Department has been informed that the two Class ‘A’ Broadcasting Licensees in Sydney have commenced arbitration proceedings, and have agreed on an Arbitrator. The Department has been led to believe that each of the parties concerned is likely to call as witnesses officers of this Department.
18
Opinion Number. 1394
Subject
| Date
Post and telegraph
fees for opening post offices after hours: payment of fees into consolidated revenue fund and subsequent credit to officer: whether regulation may provide for obviation of process by retention of fee by officer: public moneys: consistency with constitution s 81
Key Legislation
Post and Telegraph Regulations: Constitution s 81
The Secretary to the Treasury has forwarded me the following memorandum for advice:
19
Opinion Number. 1395
Subject
| Date
Consuls
privileges and exemptions of consuls: application of workers compensation act 1926 of new south wales to consular staff maintained by foreign GOVERNMENTS
Key Legislation
WORKERS’ COMPENSATION ACT 1926 (NSW)
The Secretary, Prime Minister’s Department, has forwarded me the following memorandum for advice:
The professional Consuls-General in Sydney have approached the Commonwealth Government with a view to ascertaining to what extent the provisions of the New South Wales Workers Compensation Act 1926 are applicable to the staffs provided and maintained by foreign Governments for the service of their chanceries in New South Wales.
I should be glad if you would be good enough to furnish me at the earliest possible date with your opinion in this regard.
20
Opinion Number. 1396
Subject
| Date
Air Force
defence: validity of air force act 1923: power to constitute air force as separate service: defence power and incidental power
Key Legislation
Constitution s 51(vi), (xxxix): Air Force Act 1923
The Secretary, Department of Defence, has forwarded the following memorandum for advice:
Section 51(vi) of the Commonwealth of Australia Constitution Act provides that—
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to—
…
(vi) The Naval and Military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth.
…