The Secretary, Postmaster-General’s Department, has forwarded the following Memorandum for advice:
Legal Opinions
51
Opinion Number. 1427
Subject
| Date
COMMONWEALTH FINES AND PENALTIES
disposal of pecuniary penalties imposed for offences against Commonwealth law: penalties imposed in exercise of federal jurisdiction for offences against Commonwealth law
Key Legislation
Post and Telegraph Act 1900: WIRELESS TELEGRAPHY ACT 1905: Judiciary Act 1903 s 68
52
Opinion Number. 1428
Subject
| Date
SHIPPING
POWER OF COMMONWEALTH TO IMPOSE tax or tariff per ton of goods or per passenger carried interstate or between different Australian ports in same State, levied only in respect of goods or passengers carried in ships which do not comply with Australian conditions as to wages and accommodation
Key Legislation
NAVIGATION ACT 1912: COLONIAL LAWS VALIDITY ACT 1865 (U.K.) (28 & 29 Vict. c. 63) s
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
53
Opinion Number. 1429
Subject
| Date
CENSORSHIP
WHETHER film which has been passed by Censor and released from Customs control can afterwards become prohibited import by reason of alterations effected or additions made in Australia: IMPOSITION OF CONDITION BREACH OF WHICH WOULD LEAD TO FORFEITURE OF SECURITY
Key Legislation
Customs Act 1901: Customs (Cinematograph Films) Regulations 1926
The Comptroller-General of Customs has forwarded the following memorandum for advice:
The suggestion has been made to this Department by the Royal Commission on the Moving Picture Industry that if possible the Commonwealth Film Censor should be empowered, should circumstances so arise, to withdraw from exhibition any film already passed by him.
54
Opinion Number. 1430
Subject
| Date
CONTROL OF RIVER MURRAY WATERS
Commonwealth power to legislate upon subject of cables or other obstructions to navigation placed across River Murray: VALIDITY OF STATE LEGISLATION VESTING AUTHORITY OVER ALL NAVIGABLE WATERS IN STATE AUTHORITY: EFFECT OF ABSENCE OF INCONSISTENT COMMONWEALTH LEGISLATION
Key Legislation
Navigation Act (NSW) 1901 s 134: Constitution s 98: Navigation Act 1912: River Murray Waters Act 1915
The Secretary of the River Murray Commission has forwarded me the following minute for advice:
At a recent meeting of the River Murray Commission I was directed to forward to you the following copy of a letter received by me from the Under Secretary, Premier’s Department, Sydney.
Referring to previous correspondence on the subject of control of navigable sections of the Murray and Murrumbidgee Rivers, I shall be glad if you will invite the Commission’s special attention to section 134 of the New South Wales Navigation Act as follows–
55
Opinion Number. 1431
Subject
| Date
DEFENCE
COMPLAINT BY DEFENCE MEMBER TO ‘GOVERNOR-GENERAL AS COMMANDER-IN-CHIEF’: WHETHER function CONFERRED ON GOVERNOR-GENERAL requires exercise of executive power and accordingly IS A matter in respect of which GOVERNOR-GENERAL should obtain advice of Executive Council
Key Legislation
Australian Military Regulations reg 194(4): Defence Act 1903: Constitution ss
The Secretary, Department of Defence has forwarded me the following memorandum for advice:
56
Opinion Number. 1432
Subject
| Date
IMMIGRATION
DEPORATION OF PERSON convicted of criminal offence punishable by imprisonment for one year or longer: OFFENCE PUNISHABLE BY TWO YEARS’ IMPRISONMENT: PERSON CONVICTED BY JUSTICE OF THE PEACE HAVING JURISDICTION TO IMPOSE SENTENCE NOT EXCEEDING SIX MONTHS: CONSTRUCTION OF PENAL STATUTE
Key Legislation
IMMIGRATION ACT 1901 s 8A: VagranTs Act 1851 (Qld) s 2
The Secretary, Department of Home and Territories, has forwarded the following memorandum to me for advice:
J.A.—QUESTION OF DEPORTATION UNDER SECTION 8A OF THE IMMIGRATION ACT 1901–1925
This youth arrived in Australia as an assisted migrant in December, 1923. He was convicted at Brisbane during October, 1924, on a charge of vagrancy and sentenced at the City Police Court to two months’ imprisonment. This would appear to indicate that he was dealt with summarily, and, therefore, liable to a maximum penalty of six months’ imprisonment.
57
Opinion Number. 1433
Subject
| Date
ELECTIONS
NATIONALITY OF WOMAN AMERICAN NATIONAL MARRIED TO BRITISH SUBJECT: WHETHER COMPELLED TO ENROL AND VOTE AT COMMONWEALTH ELECTIONS: EFFECT OF RETENTION OF AMERICAN NATIONALITY
Key Legislation
Nationality Act 1920 ss 16, 18: Commonwealth Electoral Act 1918 ss 42, 128, 128A
The Chief Electoral Officer has forwarded me the following memorandum for advice:
I shall be pleased to be advised:
58
Opinion Number. 1434
Subject
| Date
ELECTIONS
ENROLMENT OF HALF-CASTES: WHETHER HALF-CASTES ARE
Key Legislation
AboriginalS Ordinance 1918 (NT): AboriginalS Ordinance 1927 (NT): Constitution s 127
The Secretary, Department of Home and Territories, has forwarded me the following memorandum for advice:
The Returning Officer for the Northern Territory writes—
Enrolment of Halfcastes
59
Opinion Number. 1435
Subject
| Date
STATE LICENSING OF COMMONWEALTH VESSEL
COMMONWEALTH STEAM LAUNCH: USE ON SYDNEY HARBOUR: WHETHER VESSEL REQUIRES LICENCE FROM SYDNEY HARBOUR TRUST: TAX BY STATE ON PROPERTY BELONGING TO COMMONWEALTH: INCONSISTENCY WITH QUARANTINE ACT: INCONSISTENCY WITH CONSTITUTION s 61: EXECUTIVE POWER OF THE COMMONWEALTH
Key Legislation
SYDNEY HARBOUR TRUST ACT 1900 (NSW) ss 27, 63, 70, 71: PORT OF SYDNEY REGULATIONS 1925 regs
The Director-General of Health has forwarded the following memorandum to me for advice:
I am informed by the Chief Quarantine Officer (General), New South Wales, who is the representative of this Department in that State, that the Secretary of the Sydney Harbour Trust has forwarded a form of Application for Licence with an intimation that as this Department’s steam launch ‘Jenner’ is being used on the waters of the port for business purposes it will be necessary for a licence to be taken out in accordance with the Trust’s Regulations, the fee for which is £1.
60
Opinion Number. 1436
Subject
| Date
CUSTOMS
CUSTOMS: IMPORTED CHEMICAL: LIABILITY TO DUMPING DUTY IN STATE TO WHICH SHIPPED FROM STATE OF ORIGINAL IMPORTATION BUT NOT IN ORIGINAL STATE OF IMPORTATION: WHETHER PREFERENCE TO ONE STATE OVER ANOTHER
Key Legislation
CUSTOMS TARIFF (INDUSTRIES PRESERVATION) ACT 1921 s 8: CONSTITUTION s 99
The Comptroller-General of Customs has forwarded me the following minute for advice:
Hyposulphite of Soda of French origin is gazetted under section 8 of the Customs Tariff (Industries Preservation) Act 1921–1922, vide copy of Notice attached.
In accordance with this Notice–section 8 of the Act is applicable to French Hyposulphite of Soda only in instances where the landed duty paid cost of the imported chemical is less than the manufacturers’ selling price of the comparable Australian-made article.