Opinion Number. 1417
SHIPPING APPLICATION OF MERCHANT SHIPPING ACT: INCONSISTENCY BETWEEN NAVIGATION ACT AND MERCHANT SHIPPING ACT: LOAD LINES AND LOADING: SHIPS REGISTERED IN AUSTRALIA: SHIPS REGISTERED IN UNITED KINGDOM: SHIPS REGISTERED IN ANOTHER BRITISH POSSESSION: FOREIGN SHIPS
NAVIGATION ACT 1912 Part IV Div 3, 5, ss 2(2), 187, 188, 189, 218
Opinion Number. 1418
NORTHERN TERRITORY VALIDITY OF SLAUGHTERING ORDINANCE: VALIDITY OF PROSECUTION: SUITS ON BEHALF OF COMMONWEALTH: APPLICATION OF JUDICIARY ACT s 61 TO NORTHERN TERRITORY: TERRITORIES POWER: SUITS ARISING UNDER TERITORY LEGISLATION: VALIDITY OF Ordinance authorising Minister or Administrator to make regulations giving effect to Ordinance
Slaughtering Regulations 1924 (NT): Slaughtering Ordinance 1923 (NT) s 26: Northern Territory Administration Act 1910 s 13: CONSTITUTION covering cl 5, ss 41, 51, 61, 80, 109, 122: Judiciary Act 1903 s 61: Supreme Court Ordinance 1911 (NT) s 21A
The Secretary, Home and Territories Department, has forwarded the following memorandum for advice:
I forward herewith the following documents in regard to the case Commonwealth v. Holmes which was brought before the Local Court of Darwin in June last:
Opinion Number. 1419
NEW GUINEA PUBLIC SERVICE: NEW GUINEA: COMPLAINT AGAINST OFF ICER: temperamental disability and objectionable conduct: WHETHER OFFICER unfit to discharge or incapable of discharging the duties of his office
PUBLIC SERVICE ORDINANCE 1922 (NG) s 42
The Secretary, Home and Territories Department, forwards the following memorandum for advice:
An officer of one of the Branches of the New Guinea Public Service recently resigned his position and stated, in explanation of his resignation, that he objected to work under the officer in charge of the Branch for the reason that the latter–
flies into a rage over trifles, is extremely suspicious, deliberately sets traps, is an obstructionist, is indolent and a bluffer, interferes with and unfairly runs down every one in the Administration.
Opinion Number. 1420
Ashmore and Cartier Islands ashmore and cartier islands: transfer from british government to AUSTRALIA: ALTERATION OF BOUNDARIES OF COMMONWEALTH: ALTERATION OF BOUNDARIES OF WESTERN AUSTRALIA: DELEGATION OF LEGISLATIVE POWER TO WESTERN AUSTRALIA
Government of Western Australia Act 1829 (U.K.) (10 Geo. IV c. 22): Colonial Boundaries Act 1895 (U.K.) (58 & 59 Vict. c. 34): Constitution covering cl 8, ss 122, 123
The Secretary to the Prime Minister’s Department has forwarded for advice the following memorandum:
I am forwarding you herewith communications which have passed between the British and Commonwealth Governments, and the Government of Western Australia, respecting the transfer to Western Australia of the Ashmore Islands and Cartier Island.
Opinion Number. 1421
National Insurance Fund POWER OF COMMONWEALTH TO legislate for National Insurance Fund: EXTENT OF INSURANCE POWER: ‘INSURANCE’: NATIONAL HEALTH SCHEME: UNEMPLOYMENT COUNCIL: UNEMPLOYMENT INSURANCE: WORKERS’ COMPENSATION: WHETHER COUNCIL COULD BE GIVEN POWERS OF COMPULSION: IMPLICATIONS FOR INVALID, OLD-AGE AND WAR PENSIONS: REGULATION OF FRIENDLY SOCIETIES
Invalid and Old-age Pensions Act 1908: Constitution s 51(xiv): War Pensions Act 1914
The Secretary of the National Insurance Advisory Committee has forwarded me the following questions for advice:
Opinion Number. 1422
QUALIFICATION FOR ELECTION TO PARLIAMENT ELECTION TO PARLIAMENT: RETIRED PUBLIC SERVANT: DISQUALIFICATION OF PERSON RECEIVING ‘PENSION payable during the pleasure of the Crown out of any of the revenueS of the Commonwealth’: WHETHER PENSION UNDER SUPERANNUATION ACT 1922 DISQUALIFIES RECIPIENT FROM ELECTION
Constitution s 44: Superannuation Act 1922 ss 18, 23
The Secretary to the Prime Minister’s Department has requested advice whether the receipt by a retired Public Servant of a pension disentitles him to sit or be chosen as a member of the Commonwealth Parliament. Section 44 of the Constitution provides that any person who holds any office of profit under the Crown or any pension payable during the pleasure of the Crown out of any of the revenue of the Commonwealth shall be incapable of being chosen or of sitting as a Senator or a member of the House of Representatives.
Opinion Number. 1423
MEANING OF ‘THE UNITED KINGDOM’ MEANING OF ‘THE UNITED KINGDOM’ in commonwealth legislation: meaning of ‘The United Kingdom of Great Britain and Ireland’ in acts interpretation act: effect of ceasing to exist of the United Kingdom of Great Britain and Ireland: application to Great Britain and Northern Ireland
Customs Tariff 1921 s 8: Customs Tariff (Industries Preservation) Act 1921 s 9: Customs Act 1901 s 151A: Acts Interpretation Act 1901 s 18: Irish Free State (consequential Provisions) Act 1922) (U.K.) (13 Geo. V sess. 2 c. 2) s 6
The Comptroller-General, Department of Trade and Customs has forwarded me the following memorandum for advice:
In various Acts administered by this Department the expression ‘the United Kingdom’ is used. For example Customs Tariff 1921–1926 section 8 and in several Tariff Items, in the Customs Tariff (New Zealand Preference) 1922–1926 Schedule paragraphs 5 and 6 of the Agreement and in Item 130 of the Tariff schedule, in the Customs Tariff (Industries Preservation) Act 1921–1822 section 9 and in the Customs Act 1901–1925 section 151A.
Opinion Number. 1424
BANKING BANKING: EXTENT OF POWER OF COMMONWEALTH TO REGULATE BANKING: POWER TO LEGISLATE FOR REGULATION OF BANKS WITHOUT LEGISLATING IN REGARD TO INCORPORATION OF BANKS: COMMONWEALTH POWER TO REGULATE BANKS ALREADY INCORPORATED UNDER COMPANY LAWS OF STATES: power in respect of BANKS WHICH MAY BE INCORPORATED IN FUTURE
CONSTITUTION s 51(xiii)
The Secretary to the Treasury has forwarded the following memorandum for advice:
Opinion Number. 1425
Application to commonwealth of state laws whether Australian Commonwealth Shipping Board bound by Finance (Family Endowment Tax) Act 1927 (NSW): WHETHER TAX: INCONSIStENCY WITH COMMONWEALTH LAW
Finance (Family Endowment Tax) Act 1927 (NSW) ss 1, 2: Family Endowment Act 1927 (NSW) ss 12, 14, 39: Commonwealth Conciliation and Arbitration Act 1904
The Secretary to the Prime Minister’s Department has referred for advice a further memorandum from the Australian Commonwealth Shipping Board relative to the liability of the Board to contribute under the terms of the New South Wales Act known as the Finance (Family Endowment Tax) Act, 1927.
Opinion Number. 1426
STATUTORY INTERPRETATION appointment of SECOND Deputy Registrar of Trade Marks: STATUTORY POWER TO CREATe OFFICE: WHETHER PROVISION IN ACTS INTERPRETATION ACT THAT WORDS IN THE SINGULAR INCLUDE THE PLURAL MEANS THAT TWO OR MORE OF SUCH OFFICES CAN BE CREATED
Acts Interpretation Act 1901 s 23: Trade Marks Act 1905 s 11(3)
I am in receipt of your memorandum of 23rd September, 1927, recommending the appointment of Mr C. LeM. Allan as Deputy Registrar of Trade Marks.
A similar recommendation was dealt with in my memorandum of 19th August, 1924,(1) in which I pointed out that as the office of Deputy Registrar of Trade Marks was occupied by Mr Teece no purported appointment of another Deputy Registrar would have any statutory effect.