DEFENCE
TERRITORIAL LIMITS OF SERVICE IN NAVAL FORCES, MILITARY FORCES, AIR FORCE, CITIZEN FORCES AND BRITISH COMMONWEALTH OCCUPATION FORCE: LIABILITY FOR SERVICE IN CITIZEN FORCES IN TIME OF WAR: MEANING OF ‘TIME OF WAR’
AIR FORCE ACT 1923 ss 3(3), 4: DEFENCE ACT 1903 Parts IV, XII, ss 4, 31(2), 33, 35, 46, 47, 49, 60: NAVAL DEFENCE ACT 1910 s 33: DEFENCE (CITIZEN MILITARY FORCES) ACT 1943 s 49
Section 35 of the Defence Act 1903–1949 provides that, except as provided by Parts IV and XII of the Act, the Defence Force shall be raised and kept up by voluntary enlistment only.
Part XII of the Act contains the compulsory training provisions and has been inoperative since the Governor-General’s Order (Gazette 16.1.1930) that all units of the Active Citizen Military Forces become Militia Forces, to be kept up by voluntary enlistment only.
IMMIGRATION
FORM OF APPROVAL GRANTING PERMANENT RESIDENCE: GRANT, EXTENSION, EXPIRATION OR CANCELLATION OF CERTIFICATE OF EXEMPTION UNDER IMMIGRATION ACT 1901: ABSORPTION OF IMMIGRANT INTO AUSTRALIAN COMMUNITY: POWER TO ORDER DEPORTATION OF PERSON UPON EXPIRATION OR CANCELLATION OF CERTIFICATE OF EXEMPTION: MEANING OF ‘UPON’: MEANING OF ‘AFTER’: EFFECT OF DEPARTMENTAL FAILURE TO ACT AFTER EXPIRATION OF A CERTIFICATE OF EXEMPTION: DEPARTMENTAL PRACTICE WHERE CERTIFICATE OF EXEMPTION EXPIRES AND IMMIGRANT IS TO BE PERMITTED TO REMAIN IN AUSTRALIA
ALIENS DEPORTATION ACT 1948: IMMIGRATION ACT 1901 ss 3, 4, 5(2), 8, 8A, 8AA, 8AB: NATIONALITY AND CITIZENSHIP ACT 1948 s 25(6)
I refer to your memorandum dated 27th June, 1949, seeking advice as to the form of approval granting permanent residence to persons admitted to Australia under exemption from the provisions of the Immigration Act 1901–1949.
DAMAGE TO COMMONWEALTH PROPERTY
POWER OF AUDITOR-GENERAL TO IMPOSE SURCHARGE IN RESPECT OF DEFICIENCIES AND LOSSES OF COMMONWEALTH PROPERTY: WHETHER PERSON IS LIABLE TO SURCHARGE IN RESPECT OF DAMAGE TO COMMONWEALTH MOTOR VEHICLE IN PERSON’S CUSTODY: MEANING OF ‘DEFICIENCY OR LOSS’
AUDIT ACT 1901 ss 2, 11, 14, 41, 42, 45, 51, 54, 64
The Auditor-General has requested that I review Opinion No. 2 of 1950 in so far as it relates to the scope of the surcharging powers conferred on the Auditor-General by virtue of section 42(2) of the Audit Act 1901–1947.1
FINANCIAL ASSISTANCE TO STATES
COMMONWEALTH FINANCIAL ASSISTANCE TO STATES TO PROVIDE MILK TO SCHOOL CHILDREN: WHETHER PROVISION OF MILK CONSTITUTES A ‘MEDICAL SERVICE’: PROVISION OF MILK TO SCHOOL CHILDREN IN TERRITORIES
CONSTITUTION ss 51(xxiiiA), 96, 122: NATIONAL HEALTH SERVICE ACT 1948 ss 7(4), 9
The Director-General of Health has forwarded the following memorandum for advice:
1. As a means of improving the nutrition of children, Cabinet has approved, under the National Health Scheme, of the provision of milk daily to school children 12 years of age and under throughout the Commonwealth. Broadly the proposal is this—
NAVIGATION AND SHIPPING
LOSS OF NAVAL SHIP ‘FAIRWIND’ ON LOAN TO COMMONWEALTH DEPARTMENT: WHETHER SHIP WAS ‘A SHIP BELONGING TO THE NAVY OF THE COMMONWEALTH’: WHETHER COURT OF MARINE INQUIRY MAY INQUIRE INTO LOSS OF SHIP: MEANING OF ‘BELONGING TO’
NAVIGATION ACT 1912 ss 3, 356, 364
The Secretary, Department of External Territories has submitted the following memorandum to me for advice:
I refer to the discussion today concerning the above matter.
The ‘Fairwind’, a Navy vessel designated M.S.L. 251, of about 300 tons was obtained on loan to the Administration of Papua and New Guinea from the Department of the Navy for the purpose of carrying out a fisheries survey of the waters of the Territory.
The terms of the loan of the vessel by Navy were:
‘(I) Loan of vessel to be free of charge.
COAL INDUSTRY
TAXATION: WHETHER JOINT COAL BOARD HAS, OR MAY BE GIVEN, POWER TO REQUIRE PAYMENT TO IT OF SHARE OF PRICE OF COAL SOLD FOR OVERSEAS SHIPS’ BUNKERS OR FOR EXPORT: WHETHER REQUIREMENT CONSTITUTES THE IMPOSITION OF A TAX: WHETHER MONEY PAID TO JOINT COAL BOARD IS RECOVERABLE: FUNCTIONS AND POWERS OF JOINT COAL BOARD: WHETHER JOINT COAL BOARD MAY BE GIVEN POWER TO COLLECT A TAX TO BE IMPOSED ON COAL EXPORTERS: REQUIREMENT THAT TAX LAWS NOT DISCRIMINATE BETWEEN STATES OR PARTS OF STATES
CONSTITUTION s 51(ii): COAL INDUSTRY ACT 1946 ss 14, 21(7), 25
The Secretary to the Treasury has sought my opinion on questions raised by the Commonwealth Audit Office as to the legality of a practice of the Joint Coal Board of demanding a share of the price of coal sold for overseas ships’ bunkers or for export. The Treasury memorandum is in the following terms:
NATIONALITY
AUSTRALIAN CITIZENSHIP BY NATURALISATION: STATUS AND RIGHTS OF NATURALISED CITIZENS UNDER LAWS OF THE COMMONWEALTH AND STATES: STATUS OF AUSTRALIAN CITIZENS AS BRITISH SUBJECTS: STATUS IN OTHER BRITISH COMMONWEALTH COUNTRIES OF PERSONS WHO ARE AUSTRALIAN CITIZENS BY NATURALISATION
NATIONALITY AND CITIZENSHIP ACT 1948 ss 7, 16: BRITISH NATIONALITY ACT 1948 (UK) s 1
I refer to your letter, dated 6th July, 1950, regarding questions as to the status and rights of naturalized new Australians.
As this matter involved the interpretation of the Nationality and Citizenship Act 1948 which is administered by the Department of Immigration, the views of that Department were sought.
Under section 16 of the Act, a person, upon naturalization in Australia, becomes an Australian citizen by naturalization.
COMMONWEALTH–STATE AGREEMENTS
COMMONWEALTH AND STATE HOUSING AGREEMENT: PROPOSALS BY TASMANIA TO EXCLUDE PARTICULAR HOUSING PROJECTS FROM OPERATION OF AGREEMENT: WHETHER AGREEMENT OPERATES AS A SERIES OF INDIVIDUAL AGREEMENTS WITH EACH STATE: WHETHER VARIATIONS TO AGREEMENT REQUIRE PARLIAMENTARY APPROVAL: EFFECT OF STATUTORY APPROVAL OF AGREEMENT: FAILURE BY A STATE TO COMPLY WITH OBLIGATIONS UNDER AGREEMENT
COMMONWEALTH AND STATE HOUSING AGREEMENT ACT 1945: COMMONWEALTH AND STATE HOUSING AGREEMENT ACT 1945 (Tas): AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA, THE STATE OF NEW SOUTH WALES, THE STATE OF VICTORIA, THE STATE OF QUEENSLAND, THE STATE OF SOUTH AUSTRALIA, THE STATE OF WESTERN AUSTRALIA, and TASMANIA dated 19 November 1945 cll 1, 16
I refer to your memorandum of 28th August, 1950, forwarding a copy of a letter dated 27th July, 1950, addressed by the Premier of Tasmania to the Prime Minister.
(2) The Premier of Tasmania states—
1. that his Government is dissatisfied with the working of the Agreement;
2. it does not wish to continue as a party to the Agreement, and proposes to raise a loan to discharge its liability to the Commonwealth;
3. it is not practicable to give the twelve months’ notice required under clause 16.
TRADE AND COMMERCE
EXPORT OF AUSTRALIAN BUTTER TO THE UNITED STATES: WHETHER THE UNITED STATES MAY CONSISTENTLY WITH ITS INTERNATIONAL OBLIGATIONS PROHIBIT IMPORTATION OF AUSTRALIAN BUTTER: MEANING OF ‘APPLY … TO THE FULLEST EXTENT NOT INCONSISTENT WITH EXISTING LEGISLATION’ IN PROTOCOL OF PROVISIONAL APPLICATION OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE: RULES OF INTERNATIONAL LAW FOR INTERPRETATION OF TREATIES
GENERAL AGREEMENT ON TARIFFS AND TRADE done at Geneva on 30 October 1947: PROTOCOL OF PROVISIONAL APPLICATION OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE done at Geneva on 30 October 1947 art 1: SECOND WAR POWERS ACT 1942 50 U.S.C. App 631
I refer to previous correspondence and, in particular, to your memorandum of 28th July, 1950—287/12/4—relating to the right of the United States of America to prohibit the importation of Australian butter, having regard to the Protocol of Provisional Application of the General Agreement of Tariff and Trade, dated 30th October 1947.
DISQUALIFICATION FROM SITTING AS A MEMBER OF PARLIAMENT
PROPOSED ACQUISITION BY COMMONWEALTH OF LANDS OWNED BY TRUST AND LANDS OWNED BY COMPANY: INTEREST OF MEMBER OF HOUSE OF REPRESENTATIVES AS TRUSTEE AND SHAREHOLDER: WHETHER MEMBER WOULD BE DISQUALIFIED FROM SITTING ON ACQUISITION BY COMMONWEALTH: MEANING OF ‘INDIRECT PECUNIARY INTEREST’
CONSTITUTION ss 44(v), 45
The Attorney-General has referred to me for attention your letter, dated 1 August, 1950. In connexion with the proposal by the Commonwealth to acquire by agreement certain lands in the Warrawong district.
Advice is sought whether the acquisition by agreement of these lands would result in your being disqualified from retaining your seat as a member of the House of Representatives.