The Chief Electoral Officer has forwarded the following Memorandum for advice:
Legal Opinions
31
Opinion Number. 1407
Subject
| Date
ELECTIONS
NOMINATION FOR ELECTION: QUALIFICation: officer of the Commonwealth Public Service: REQUIREMENT THAT NOMINEE DECLARE ELIGIBILITY TO HOLD OFFICE IF ELECTED: EFFECT OF FALSE STATEMENT IN DECLARATION: ACCEPTANCE OF NOMINATION: DISQUALIFICATION
Key Legislation
CONSTITUTION s 44: COMMONWEALTH ELECTORAL ACT 1902 s 95: COMMONWEALTH ELECTORAL ACT 1918 ss 69, 73, 170
32
Opinion Number. 1408
Subject
| Date
WORKMEN’S COMPENSATION
POWER OF COMMONWEALTH PARLIAMENT TO PASS COMPREHENSIVE LEGISLATION IN REGARD TO WORKMEN’S COMPENSATION
Key Legislation
COMMONWEALTH WORKMEN’S COMPENSATION ACT 1912
The Secretary to the Treasury has forwarded the following Memorandum for advice:
In connection with the consideration of legislation necessary for the establishment of a scheme for National Insurance and legislation to amend the Commonwealth Workmen’s Compensation Act, the question of legislation on general lines for Workmen’s Compensation has arisen.
33
Opinion Number. 1409
Subject
| Date
COMMITTEE OF PUBLIC ACCOUNTS
COMMITTEE OF PUBLIC ACCOUNTS: POWER TO HOLD PROCEEDINGS IN CAMERA: POWER TO PROHIBIT PUBLICATION OF EVIDENCE AND DECISIONS: WHETHER ACTION CAN BE TAKEN AGAINST WITNESS WHO DISCLOSES EVIDENCE
Key Legislation
COMMITTEE OF PUBLIC ACCOUNTS ACT 1913
The Secretary of the Parliamentary Joint Committee of Public Accounts has forwarded me the following minute for advice:
34
Opinion Number. 1410
Subject
| Date
SHIPPING
whether hoisting of Japanese flag by British vessel is offence under Merchant Shipping Act
Key Legislation
MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) s 73
The Comptroller-General of Customs has submitted for advice the question whether the hoisting of a Japanese flag by a British vessel under the circumstances indicated in the file is an offence under the Merchant Shipping Act.
In this case a pearling lugger in the pearling grounds at Broome was flying a Japanese flag on the after mast. I assume that the lugger was a British ship and that the pearling grounds are within His Majesty’s dominions or a place where His Majesty has jurisdiction.
35
Opinion Number. 1411
Subject
| Date
RAILWAYS
POWER OF Commonwealth TO legislate to compel adoption throughout Australasia of uniform standards and methods on State Railways
Key Legislation
CONSTITUTION ss 51(i), 98
The Secretary, Department of Works and Railways has forwarded me for advice the following minute from the Commonwealth Railways Commissioner:
36
Opinion Number. 1412
Subject
| Date
SHIPPING
CLAIMS BY COMMONWEALTH FOR SALVAGE IN RESPECT OF ASSISTANCE RENDERED TO MERCHANT SHIPS BY SHIPS OF rOYAL AUSTRALIAN NAVY
Key Legislation
NAVIGATION ACT 1912 ss 3, 315, 317, 317A: MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) ss 544, 546, 557, 558, 561: MERCHANT SHIPPING (SALVAGE) ACT 1916 (U.K.) (6 & 7 Geo. 5 c. 41) s 1: MERCHANT SHIPPING ACT 1854 (U.K.) (17 & 18 Vict. c. 104) s 458
The Comptroller-General of Customs has sent me the following memorandum for advice:
- The following communication has been received from the Secretary, Department of Defence:
- Salvage Services by H.M.A. Ships.
On occasions in the past various ships of the Royal Australian Navy have rendered assistance to Merchant Ships in distress, stranded or wrecked off the Australian Coast, and it has been the usual practice to make no claim for salvage or for stores consumed in respect of such services.
37
Opinion Number. 1413
Subject
| Date
TAXATION
income tax: TAXPAYER DERIVING INCOME FROM MORE THAN ONE BUSINESS: MEANING OF ‘BUSINESS’ IN THIS CONTEXT: WHETHER EMPLOYEE IS CARRYING ON ‘BUSINESS’
Key Legislation
INCOME TAX ASSESSMENT ACT 1922 s 13: INCOME TAX ASSESSMENT ACT 1915 ss 3, 21
The Commissioner of Taxation has forwarded the following case for opinion:
I refer to your memorandum No. 138 of 1926 dated 16th July 1926 covering Crown Solicitor’s opinion in the appeal of A.B. against his Income Tax assessment for the financial year 1924–25.
The Crown Solicitor expresses the opinion that Mr. Owen Dixon K.C. has correctly interpreted the definition of ‘business’ in the Income Tax Assessment Act 1922–1925 by including within the terms of the definition the case of Mr. B.
38
Opinion Number. 1414
Subject
| Date
LOAN FUNDS
LOAN FOR ADVANCES FOR PURCHASE OF WIRE AND WIRE NETTING: WHETHER ‘REVENUES OR MONEYS’ IN CONSTITUTION s 81 INCLUDES MONEYS RAISED BY WAY OF LOAN: WHETHER MONEYS ARE REQUIRED TO BE PAID INTO CONSOLIDATED REVENUE FUND: TERMS OF APPROPRIATION: PAYMENT OF AMOUNT APPROPRIATED INTO TRUST ACCOUNT
Key Legislation
LOAN ACT (No. 1) 1926: WIRE AND WIRE NETTING ACT 1927 s 4: SURPLUS REVENUE ACT 1908 ss 4, 5b: CONSTITUTION s 81
The Secretary to the Treasury has forwarded me the following minute for advice:
An amount of £500,000 was included in the Loan Appropriation 1925–26 for ‘Advances to States and to the Administrator, Northern Territory, for the purchase of wire and
wire-netting’.(1)
39
Opinion Number. 1415
Subject
| Date
APPLICATION OF STATE LAW TO COMMONWEALTH
COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH: WHETHER BOUND BY STATE WORKERS’ COMPENSATION LEGISLATION IN RESPECT OF OFFICERS ENGAGED IN INVESTIGATIONS IN NEW SOUTH WALES: MEANING OF ‘EMPLOYER’: EXPRESS INCLUSION OF SOME GOVERNMENT DEPARTMENTS AND AUTHORITIES: IMPLIED EXCLUSION OF COMMONWEALTH GOVERNMENT DEPARTMENTS: INCONSISTENCY
Key Legislation
SCIENCE AND INDUSTRY RESEARCH ACT 1920 s 14A: CONSTITUTION s 109: WORKERS’ COMPENSATION ACT 1926 (NSW)
The Secretary, Council for Scientific and Industrial Research has forwarded the following memorandum for advice:
40
Opinion Number. 1416
Subject
| Date
IMPLEMENTATION OF TREATIES
IMPLEMENTATION BY COMMONWEALTH OF Draft Convention for the Protection of Scientific Property: PATENTS POWER
Key Legislation
CONSTITUTION s 51(xviii)
I am in receipt of your memorandum dated the 29th March, 1927, relative to the proposed Draft Convention for the Protection of Scientific Property which was approved in principle by the Fourth Assembly of the League of Nations.
It is equitable that the discoverer of a scientific fact or principle which proves beneficial to mankind should be rewarded.