Opinion Number. 285

Subject

DEFENCE FORCES WHETHER EXEMPTION FROM TOLLS WHILST TRAVELLING ON DUTY EXTENDS TO CHARGES FOR USE OF PRIVATE BRIDGES

Key Legislation

DEFENCE ACTS 1903-1904, s. 70

Date
Client
The Secretary, Department of Defence

The following memorandum has been referred to me for advice:

A question having been raised by the Audit Department as to whether a charge for use of private bridges, etc. by troops on duty should be made in view of section 70 of the Defence Acts 1903-1904,1 would be glad if a ruling can be given.

It has hitherto been considered that the paragraph referred to was intended to apply to bridges, etc. on which the toll is paid to the Government.

I am of opinion-

  1. that section 70 applies to all bridges, public or private, over which the public generally have a right of passage or are allowed passage on payment of a due or toll, and
  2. that section 70 does not apply to private bridges which are not available for the use of the public generally.

[Vol. 6, p. 112]