Legal Opinions

The Comptroller-General, Department of Trade and Customs, has forwarded the following memorandum for advice:

The Comptroller-General has asked for advice upon the following question which is set out in a telegram received by him from Mr. Bernard Corser, a member of the Queensland State Parliament:

Does Federal Constitution debar Queensland Government granting bonus on seed cotton produced in Queensland additional to Commonwealth bounty?

The bonus referred to by Mr. Corser would, in my opinion, be a bounty on the production of goods within the meaning of sections 90 and 91 of the Constitution.

The Secretary, Prime Minister’s Department, has forwarded me the following letter for advice as to the interpretation of section 110 of the Melbourne Harbor Trust Act 1915:

I have to acknowledge receipt of your letter of 15th instant relative to Customs Duty on Secondhand Dredging Plant and to convey the thanks of the Commissioners for your personal attention to this matter.

The Secretary, Department of Markets and Migration, has forwarded the following memorandum for advice:

I desire to invite attention to condition (5) of form A in the Schedule to the Dairy Produce Export Control (Licences) Regulations, Statutory Rules 1925, No. 124 which provides as follows:

That the licensee shall, after fourteen days’ notice from the Board, withhold from the shipments such proportion of Dairy Produce as the Board determines.

The Secretary, Home and Territories Department, has forwarded to me the following memorandum asking for advice:

The Secretary, Prime Minister’s Department, has forwarded the following memorandum for advice:

With reference to the Convention for the Supervision of the International Trade in Arms and Munitions and in Implements of War, signed at Geneva, June 17th 1925, I desire to bring to your notice the following question which has been raised by the Defence Department.

Section 125 of the Constitution, after specifying the method by which the Seat of Government has to be determined, provides that the Parliament shall sit at Melbourne until it meets at the Seat of Government.

Section 3 of the Seat of Government Act 1908 provides that—

It is hereby determined that the Seat of Government of the Commonwealth shall be in the district of Yass–Canberra in the State of New South Wales.

Section 4 of the Seat of Government Acceptance Act 1909 provides that—

With reference to your memorandum of the 8th October, 1926, forwarding certain publications for advice as to whether they infringe the Proclamation of the 16th June, 1926, I have to inform you that I agree with the views expressed in the Chief Clerk’s memorandum dated the 6th October, 1926, that the pamphlets entitled—

The Meaning of the General Strike and

The Communist Party on Trial (3),

are prohibited imports within the terms of the Proclamation of 16th June, 1921.

The Secretary, Prime Minister’s Department, has forwarded for advice the following memorandum which has been signed on behalf of a number of German companies which formerly owned interests in New Guinea:

The Protectorate of German New Guinea was surrendered to the British Forces under Brigadier Colonel Holmes on September 21st 1914 after an agreement of Capitulation having been properly concluded.

The Secretary, Prime Minister’s Department, has asked for advice as to whether the Commonwealth is liable to pay pound fees in respect of horses belonging to the Military Authorities in New South Wales.

The Impounding Act 1898 of New South Wales provides for the impounding of animals in certain circumstances, and authorises every poundkeeper to demand and retain for his own use certain fees in respect of all animals impounded.