i»^p !?aaBKi^K>»r.lt?Sfcia^ga'mvjiiH.'lHr!?^;^yiaJaL^^v.^■-■.^^:i;■^ iiiaJ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES ""'"■■'■ ".-ins COMMOI^rWEALTH ACTS 1901-1911. IN TWO A^OLUMES. VOL. II. .C. 11 128. —VOL. II. THE ACTS OF THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA (EXCEPT APPROPRIATION AND SUPPLY ACTS) Passed from 1901 to 1911, and IN FORCE ON 1st JANUARY, 1912, TO WHICH IS prbfixed THE COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT (63 & 64 Vict. Ch. 12) as altered to ist january, 1912 : TABLES ^ND i:Nr)EXES. IN TWO VOLUMES. VOL. II. "LAND TAX" TO "TRADE AND COMMERCE," AND INDEXES. Compiled and Annotated hy GEORGE S. KNOWLES, M.A., LL.M., of the Attomey-Generars Department. Printed for the Government of the Commonwealth of Australia by Albert J. MULLBTT, Government Printer for the State of Victoria; and Published by Charles F. AUxwell (G. Partridge & Co.), 458 Little Collins-street, Melbourne, Victoria. 19 13- TABLE OF HEADINGS AND CROSS REFERENCES CONTAINED IN THIS VOLUME. Subject matter printed in LARCtE (/APITALS indicates the alphabetical headings under which the Acts are arranged. Subject matter printed in SmALL C'APITALS indicates a cross reference to the alphabetical heading under which Acts dealing with that subject matter will be found. LAND TAX. LANDS ACQULSITION. Legal Peoceuure. See Evidence : Judiciary : Jury : States — State Laws and Records Recognition Act 19ul. Life Asstkanck. See Insurance. Lighthouses. See Shipping- — Lighthouses Act 191 L LOAN. Master and Servant. See Shipping — Seamen's Compensation Action. METEOROLOGY. Military Defence. See Defence. Naturalization. See Aliens. Naval Defence. See Defence. Navigation. See Shipping. New Guinea. See Territories — Papua Act 1905. Northern Territory. See Territories. OATHS, AFFIRMATIONS, AND DECLARATIONS. OLD-AGE PENSIONS. PARLIAMENT. Parliament, Act of. See Act of Parliament. Patents. See Industrial Property. POST AND TELEGRAPH. Public Health. See Quarantine. PUBLIC SERVICE. QUARANTINE. RAILWAYS. REFERENDUM. ROY^AL COMMISSIONS. 1055187 VI TABLE OF HEADINGS AND CROSS REFERENCES CONTAINED IN THIS yOLUME.- continued. Rules Publication. See Act of Piirliamcnt. SEAT OF GOVERNMENT. Secret Commissions. See Trade and Coiumerce. SHIPPING. South African Preference. See Customs — Tarif Acts. STATES. Statistics. See Census and Statistics. Statutes. See Act of Parliament. Statutory Rules. See Act of Fiir\mm.ent- -Rules Publication Act 1903. Surplus Revenue. See Finance. Tariff. See Customs — Tariff Acts : Excise — Tariff Acts. Tariff Preferences. See Customs — Tariff Acts. Taxation : — Bank Notes. See Currency and Coinage — Bank Notes Tax Act 1910. Customs. See Customs. Excise. See Excise. Land. See Land Tax. Of Commonwealth Salaries, By States. See Public Service — Commonrcealth Salaries Act 1907. TERRITORIES. TRADE AND COMMERCE. Trade Marks. See Industrial Property. Wireless Telegraphy. See Post and Telegraph. Land Tax Act 1910. 763 LAND TAX. Land Tax Act 1910 Land Tax Assessment Act 1910-1911 Paok 763 765 Land Tax Act 1910. No. 21 of 1910. An Act to impose a Progressive Land Tax upon Unimproved Values.^"^ [Assented to IGth November, 1910.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may he cited as the Fjaml Tax Act 1910. Short title. 2. The Land Tax Assessment Act 1910 shall be incorporated incorporation. and read as one with this Act.^*) 3. Land tax is imposed at the rates declared in this Act. imposition of land tax. 4. — (1.) The rate of the land tax, when the owner is not an Bate ot land absentee, shall be as set out in the First Schedule to this Act. *"" (2.) The rate of the tax, when the owner is an absentee, shall be as set out in the Second Schedule to this Act. 5. Land tax shall be levied in and for the financial year beginning Levy of land on the first day of July, One thousand nine hundred and ten, and **** each financial year thereafter. (a) Held by the High Court that this Act does not deal with any other subject of taxation than land, and does not in that respect Infringe section 55 of the Constitution. Held, further, that this Act, read with the Land Tax Assessment Act 1910, which is incorporated with it, does not contain any provisions which, if they are invalid as being beyond the power of the Parliament, are not severable from the rest of the Act under the rule already laid down by the High Court ; and that tlie Act as a whole is valid. Osborne v. Commonwealth, (1911) 12 C.L.R. 321. (6) Held by the High Court that the incorporation into this Act of the Land Tax Assessment Act 1910, which was not assented to until the following day, is effectual, and this Act with that incor- poration is in substance and in form an Act imposing taxation, and not an Act to prevent the holding of large quantities of land by single persons. Osborne v. Commonwealth {supra). LAND TAX- SCHEDULES. FIRST SCHEDULE. Rate of Tax when Owner is not an Absentee. For BO much of the taxable vahio as doos not oxcood £75,001, the rate of tax per pound storliag shall be One pouuy where tlio taxable value is Oue pouud sterling, and shall increase uniforiiil}- with each incroaso of One pouud sterling in the taxable value, in such manner that — the increment of tax botweon a taxable value of £15,000 and a taxable value of £15,001 shall bo Twopence ; the iiu'.remont of tax between a taxable value of £30,000 and a taxable value of £30,001 shall bo Threepence ; the increment of tax between a taxable value of £45,000 and a taxable value of £45,001 shall be Four])once ; the increment of tax l)etweon a taxable value of £00, 000 and a taxable value of £60,001 shall be Fivepence ; and the increment of tax between o taxable value of £75,000 and a taxable value of £75,001 shall be Sixpence. For every pound sterling of taxable value in excess of £75,000 the rate of tax shall be Sixpence. The rate of tax for so much of the taxable value as doos not exceed £75,000 may be calculated from the following formula : — R = rate of tax in pence per pouud sterling. V = taxable value in pounds sterhng. R = I 1 + ■ !• pence. I 30,000 J SECOND SCHEDULE. Rate of Tax when Owner is an Absentee. For so much of the taxable value as does not exceed £5,000, the rate of tax per pound sterling shall be One penny. For so much of the taxable value as exceeds £5,000, but does not exceed £80,001, the rate of tax per pound sterling shall be Twopence where the excess is One pound sterling, and shall increase uniformly with each increase of One pound sterling in the taxable value in such manner that — the increment of tax between a taxable value of £20,000 and a taxable value of £20,001 shall be Threepence ; the increment of tax between a taxable value of £35,000 and a taxable value of £35,001 shall be Fourpence ; the increment of tax between a taxable value of £50,000 and a taxable value of £50,001 shall be Fivepence ; the increment of tax between a taxable value of £65,000 and a taxable value of £65,001 shall be Sixpence ; and the increment of tax between a taxable value of £80,000 and a taxable value of £80,001 shall be Sevenpence. For every pound sterling of taxable value in excess of £80,000 the rate of tax shall be Sevenpence. The rate of tax for so much of the taxable value as exceeds £5,000, and does not exceed £80,000, may be calculated from the following formula : — R = rate of tax in pence per pound sterling. E = excess of taxable value over £5,000, in pounds sterling. R = I 2 + ^ ] pence. I 30.000 ) Land Tax Assessment Act lOld-l'Jll. 76.-) Land Tax Assessment Act r.>I<»-l".il I.^''^ Paris. An Act relating to the Imposition, Assessment, and Collection of a Land Tax upon Unimproved Values/** [Assented to ITtli November, 11)10/"^] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — Taut I. — Introductory. 1 . This Act may be cited as the Land Tax Assessment Act 1 i) 1 0/") short utie. 2. This Act shall be divided into Parts, as follows : — Part 1. — Introductory. Part II. — Administration. Part III.— The Land Tax. Part IV. — Returns, Assessments, and Lialtility. Part V. — Appeals. Part VI. — Acquisition of Land. Part VII. — Collection aud Recovery of Tax. Part VIII. — Miscellaneous. 3. In this Act, unless the contrary intention ap])ears — Definitions. " Absentee "' means a person who does not reside in Australia ct. n.s.w. or in a Territory uuder the authority of the Commouwealth ; s. 6s'(A)' " and includes a person who — Na'95^\ [a) is absent from Australia and such Territories at the ^^■.^^*' time when the ownership of his land for the pur- w.'a. mx, poses of this Act is determined ; or (b) has been absent from Australia and such Territories during more than half of the period of twelve months immediately preceding that date, unless he satisfies the Commissioner that he resides in Australia or a Territory under the authority of the Com- monwealth ; but does not include a public officer of the Commonwealth or of a State who is absent in the per- formance of his duty. " Agent " includes every person who in Australia, for or on behalf of any person out of Australia (in this section called "the principal ") has the control or disposal of any land belonging to the ])rincipal, or the control, receipt, or dis- posal of any rents, issues, or proceeds derived from any such land. (a) The Land Tax Assessment Act 1910-1911 comprises the Land Tax Assessment Act 1910 (No. 22 of 1910), as amended by the Land Tax Assessment Act 1911 (No. 12 of 1911). See Act No. 12. 1911, s. 1. This Act has since been amended by the Laud Tax Assessmeiil An 1912 (No. :i7 of 1912), which will be found in No. X[. of the Sessional Volumes of Commonwealth Acts, pape 120. (6) Held, (per Griffith, C.J., Barton and O'Connor, J.T.), that this Act is not an Act imposing taxation within the meaning of section 55 of the Constitution. Osborne v. Commonwealth, (1911) 12 C.L.R. 321. (c) This is the date of assent to the Land Tax Assessment Act 1910. The Land Tax Assessment Act 1911 was assented to on 18th December, 1911. No. 15 3. 2. LAND TAX— " Owner," in relation to land, includes every person who jointly or severally, whetlier at law or in equity — (a) is entitled to the land for any estate of freehold in I)Ossessiou ; or (b) is entitled to receive, or in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise ; and includes every i)erson who by virtue of this Act is deemed to be the owner. " Owned " has a meaning corresponding with that of owner. " Joint owners " means persons who own land jointly or in common, whether as partners or otherwise, and includes persons who liave a life or greater interest in shares of the income from the land. " Land tax " means the land tax imposed as such by any Act, as assessed under this Act. " Taxpayer " means any person chargeable with land tax. " Improved value," in relation to land, means the capital sum which the fee-simple of the laud might be expected to realize if offered for sale on such reasonable terms and conditions as a bond fide seller would require. " Unimproved value," in relation to land, means the capital sum which the fee-simple of the land might be expected to realize if offered for sale on such reasonable terms and conditions as a bond fide seller would require, assuming that the improvements (if any) thereon or appertaining thereto and made or acquired by the owner or his predecessor in title had not been made.'"^ " Value of improvements," in relation to land, means the added value which the improvements give to the land at the date of valuation irrespective of the cost of the improvements. " Trustee," in addition to every person appointed or constituted trustee by act of parties by order or declaration of a Court or by operation of law, includes — {a) an executor or administrator, guardian, committee, receiver, or liquidator, and (Ji) every person having or taking upon himself the administration or control of land affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession control or management of the land of a person under any legal or other disability. " Person " includes a company. " Company " includes all bodies or associations corporate or unincorporate. (a) Held by the Supreme Court of Queensland that, in the assessment of the unimproved value of a parcel of land, its value must be estimated irrespective of the purposes for which it is used. Nathan v. Commissioner of Land Tax, 1912 S.R. (Q.) 191. Land Tax Assessment Act 1 1 0-1 \)l\. 757 " Mortgage " includes any charge whatever upon land, or interest therein, howsoever created, for the securing of money. " Mortgagee " inchides every person entitled at law or in equity to a mortgage or any i)art thereof. " The C!ommissiouer " means the Commissioner of Land Tax. Part II. — Administration. 4. There shall he a Commissioner of Land Tax, who sliall, commissioner, snhject to the control of the Minister, have the general adminis- tration of this Act. 5. — (1.) The Commissioner shall be appointed for a term of Tenure and seven years, and shall be eligible for re-appointment. commu«ioner (2.) The Commissioner shall not be subject to the Commonwealth Public Service Act 1902-1909 ; but if any officer of the Common- wealth is appointed Commissioner, his service as Commissioner sliall, for the purpose of determining his existing or accruing rights, be counted as public service in the Commonwealth ; and if any officer in the Public Service of a State is appointed Commissioner, his service as Commissioner shall, for the purpose of determining his existing and accruing rights, be counted as public service in the Commonwealth as if he had been an officer of a Department trans- ferred to the Commonwealth and were retained in the service of the Commonwealth. (3.) In case of the illness, absence, suspension, removal, or death of the Commissioner, the Governor-General may appoint a person to be Acting-Commissioner, during the illness, absence, or suspen- sion, or until the appointment of a successor, and no longer; and the Acting-Commissioner shall have all the powers and perform all the duties of the Commissioner. (4.) There shall be payable to the Commissioner a salary at the rate of One thousand two hundred and fifty pounds a year out of the Consolidated Revenue Fund, which is hereby appropriated for that purpose accordingly. 6. — (1.) The Commissioner may be suspended from his office suspension or by the Governor-General, but shall not be removed from office commt]s?oner. except as in this section provided. (2.) The Minister shall cause to be laid before both Houses of the Parliament a full statement of the grounds of suspension within seven days of the suspension, if the Parliament is then sitting, but, if not, then within seven days of the next meeting of the Parliament. (3.) The Commissioner shall be restored to office ])y the Governor-General unless each House of the Parliament, within forty-two days after the day when the statement is laid before it. declares by resolution that the Commissioner ought to be removed from office ; and if each House wathin that time so declares, the Commissioner shall be removed from office by the Governor- General accordingly. 768 LAND TAX- I )eputy ComniiBsioners. DelefjutioiiB by Coniiiiitisioner. 7. There may be such De})uty ('Onnnissioiiers of Taxes as are re(iuive(l, who sliall, suhjcct to the (control of the Ooiiiniissioiier, have such powers and functions as are prescril)ecl or as the Conunissioner directs. 8. — (1.) The Comuiissiouer may, in rehition to any })artieular matters or class of matters, or to any particuhir State or ]»art of tlie (..■onimonwealth, by writint;: under his hand, deleitin<^ to l)e a copy of an assessment shall — (a) he conclusive evidence of the due niakin*; of the assess- ment ; and (b) he conclusive evidence that the amount and all the ])articn- lars of the assessment are correct ; except in pro(;eedinf^s on appeal against the assessment, when it shall be prima facie evidence only. (2.) The produ(^tion of any document under the hand of the Commissioner, i)ur})orting to be a coj)y of or extract from any return or assessment, shall lor all ])urj)oses l)e sufficient evidence of the matter therein set forth, without producing the original. 24. — (1.) As soon as conveniently may be after a taxpayer's assessment is made, the Commissioner shall cause notice in writing of the assessment to be given to him. (2.) The omission to give any such notice shall not invalidate the assessment. Liability. ^"■^ 25. — (1.) The(^) owner of any freehold estate less than the fee- simple shall be deemed to be the owner of the fee-simple, to the exclusion of any person entitled in reversion or remainder^'') : Provided that, for the purpose of the assessment of a legal tenant for life of land, without power to sell, under a settlement made before the first day of July, One thousand nine hundred and ten, or under the will of a testator who died before that day, the unimproved value of the bind shall be calculated upon the basis of the rent which he obtains for the land, or which, if he let the land, he ought reasonably to be able to obtain ; so that the unimproved value of the land shall be taken to be equal to the unimproved value of land owned in fee simple which would produce the same rent ; and for the purpose of this section rent, in the case of improved land, means so much of the whole rent as bears to the whole rent the proportion which the unimproved value of the land bears to the improved value. (2.) In this section '' tenant for life " includes — {a) a tenant for the life of another ; \b) a tenant for his own or any other life whose estate is liable to cease in any event during that life ; Para, (c) omitted; No. 12, 1911, s. 3. (a) Section 3 (2) of the Land Tax Assessment Act 1911 is as follows: — "Assessments for the financial year be{;inning on the first day of July One thousand nine hundred and ten, made in accordance with paragraph (a) of Regulation 51 of Statutory Rules No. 8 of 1911, shall be deemed to have been made in accordance with the Principal Act." (h) Validity of section discussed by High Court. Osborne v. Commonwealth, (1911) 12 C.L.R. 321. (c) Held by the High Court (before the amendments made to this section by the Land Tax Assess- ment Act 1911) that this section appUes to both a legal and an equitable tenant for life, and that under this section the tenant for life is the only owner of the land for the purposes of taxation, and that owners of estates in remainder are not liable to taxation. Sendall v. Federal Commissiover of Land Tax, (1911) 12 C.L.K. 653. See also Isles v. Federal Commissioner of Land Tax. (1912) 14 C.L.R. 372. '" '■ Land Tax Assesstnent Act lU 10-1011, 73 26. The^") holder of land under a purchase or a right of jjurchase conditional from the Crown upon conditions, under the laws of a State relating p"'''^'*''^*"- to the alienation or disposition of Crown lands, shall be deemed to be the owner of the land if till the conditions other than the i)ay- ment of i)urchase money have been fnltilled, but not otherwise. Lt!Ksee8 or laii'l le.-ised after comnienoenient of Act. Amended by No. 12, 1911, s. 4. coniniencement of this Act 27. — (I.) The'**) owner of a leasehold estate in hind, under a lease made or agreed to be made after the commencement of this Act, not being a lease made in pursuance of an agreement made before the commencement of this Act, shall be deemed (though not to the exclusion of tlie lial)ility of any other person) to be the owner of the fee-sini])le. (2.) He shall be entitled to deduct, from the tax payable by him in respect of the land, an amount equal to the sum of tiie amounts })ayable in respect of the land by the owners of any free- hold estate and of any precedent leasehold estate in the land. (3.) Notwithstanding anything in this section, where the owner of the fee-simple of the land is exempt under section thirteen of this Act from taxation in respect of the land, a lessee of the land shall be assessed and liable for land tax as if the lease were made before the commencement of this Act and not otherwise. 28. — (1.; The^*) owner of a freehold estate in land who or whose Lessors and predecessor in title has before the commencement of this Act leasedVeforethe entered into an agreement to make or granted a lease of the land shall, for the purpose of Ids assessment under this Act, be entitled, during the currency of the lease, to have the unimproved value (if any) of the lease deducted from the unimproved value of the land. (2.) The owner of a leasehold estate in land, under a lease made or agreed to be made before the conmieucement of this Act, shall be deemed to be, in respect of the land, the owner of land of an unim- proved value equal to the unimproved value (if any) of his estate ; but if he has, before the commencement of this Act, entered into an agree- ment to make or granted a lease of the land, he shall be entitled, during the currency of that lease, to have the unim])roved value (if any) of that lease deducted from the unimproved value of his estate : Provided that where the owner of the leasehold estate has, within three years before the commencement of this Act, been the owner of a freehold estate in the land, he shall be assessed and liable to land tax as if his leasehold estate had been under a lease made after the commencement of this Act. (3.) For the purposes of this section — (a) the unimproved value of a lease or leasehold estate of land means tlie amount by which the part of the unimproved value of the land corresponding to the unexpired term of the lease exceeds the value of the rent reserved by the lease, according to calculations based on the prescribed tables for the calculation of values ; (a) Validity of section discussed by Higli Court. Osborne v. Commonwealth, (1911) 12 C.L.R. 321. 774 LAND TAX— Amended by No. 12, 1911, t. 6. Crown lessees. Covenant by lessee to pay land tax. (d) rent, in the case of a lease of improved land, means so niiu h of tlie wliole rent as hears to the wliole rent th(! ])ro- j)ortioii wliic.h the unimproved value of tlie land at the (late of the lease bore to tlie ini])roved value : Provided that, where onerous conditions for constructing buildings, works, or other improvements upon the land, or expending money thereon, are imposed n\H)n the lessee, or where any line, })remium, or foregift, or consideration in the nature of tine, premium, or foregift, is payable by the lessee, the Commissioner may assess the amount (if any) which ought, for the purposes of this section, to be added to the value of the rent in respect thereof, and the value of the rent shall be deemed to be increased by that amount accordingly. 29. Notwithstanding^*) anything in the last two preceding sections, the owner of a leasehold estate under the laws of a State relating to the alienation or occupation of Crown lands or relating to mining (not being a perpetual lease without revaluation, or a lease with a right of purchase) shall not be liable to assessment or taxation in respect of the estate. 30. AW covenant or stipulation in a lease or agreement for a lease of land, which has or purports to have the purpose or effect of imposing on the lessee the obligation of paying taxes on the land — (a) if the lease or agreement was made before the commencement of this Act — shall not be valid to impose on the lessee the obligation of paying land tax to any greater amount than the amount (if any) which would have been payable by the lessee if he had been the owner of the land included in the lease and of no other land ; and (b) if the lease or agreement was made after the commence- ment of this Act — shall be absolutely void. Mortgages. Cf. N.Z., 1908, No. 95, s. 66. 31. No deduction from the unimproved value of any land shall be allowed in respect of any mortgage to which the land is subject, or in respect of any unpaid purchase money ; and a mortgagor shall be assessed and liable for land tax as if he were the owner of an unencumbered estate. Mortgagees. Cf . ib. s. 67. 32. A(*) mortgagee, or other person owning any estate or interest in land by way of security for money, shall not be liable to land tax in respect of that mortgage, estate, or interest : Provided that a mortgagee in possession of land, or any other person in possession of land by way of security for money, shall so long as such possession continues (though not to the exclusion of any other person) be deemed to be the owner of the land ; and the mortgagor shall be deemed to be the primary taxpayer, and the mortgagee in possession to be the secondary taxpayer ; and there (a) Validity of section discussed by High Court. 321. Osborne v. Commonwealth, (1911) 12 C.L.E. Land Tax Assessment Act 1910-1911. 775 shall be deducted from the tax payable by the latter in respect of the land such amount (if any) as is necessary to prevent double taxation : Provided further that the last preceding proviso shall not apply— {a) to any mortgagee or person in possession whose posses- sion began before the first day of July One thousand nine hundred and ten ; nor {b) to any mortgagee or person in possession until a period of three years after he has entered into possession ; but any such mortgagee or person in possession shall, if the mortgagor makes default in the ])ayment of land tax in respect of the land, be responsible for the payment of the tax due by the mortgagor, which payment shall be deemed to be made by him on behalf of the mortgagor. 33. — (1.) Any person in whom land is vested as a trustee shall Trustees, be assessed and liable in respect of land tax as if he were beneficially No^f's e^^' entitled to the land^*) : Provided that where he is the owner of diiferent lands in severalty, in trust for different beneficial owners who are not for any reason liable to be jointly assessed, the tax so payable by him shall be separately assessed in respect of each of those lands : Provided also that when a trustee is also the beneficial owner of other land, he shall be separately assessed for that land, and for the land of which he is a trustee, unless for any reason he is liable to be jointly assessed independently of this section. ******* Proviso omitted; No. 12, 1911, t. 6. (2.) A trustee shall in no case be deemed to be an absentee ; Absentees. but any of the beneficiaries who are absentees shall be separately assessed and liable as absentees. 34. Where under a settlement made before the first day of Land charged July, One thousand nine hundred and ten, or under the will of ^ndlrse"ttieraent a testator who died before that day, land is charo:ed with an or win before ist - ' » July, 1910. annuity^"' — (a) the value of the annuity shall be calculated according to the prescribed tables for the calculation of values ; and {b) there shall be deducted from the unimproved value of the land a sum which bears the same proportion to the value of the annuity as the unimproved value of the land bears to its improved value. (a) As to the extent of the liability of a trustee under this section, see Sendall v. Federal Com- missioner of Land Tax, (1911) 12 C.L.R. 653. (6) Held by the High Court (Barton and Isaacs, JJ., Griffith, C.J., dissenting) that the word " annuity " in this section is used in its technical sense as meaning a sum certain payable pi'riodically, and that therefore a " fair and reasonable allowance for the maintenance, education and support of children, not exceeding in the whole the annual sum of £200 " is not an annuity within the meaning of the section. Deputy Federal Commissioner of Land Tax, Sydney, v. Hindmarsh, (1912) 14 C.L.U. 334. 776 LAND TAX— owners. Cf. N.Z., 1!)CS, No. !).'■), ti. 04. 35. Siilijoct to this Act, the owner of any equitable estate or interest in any land shall he assessed and liable in resj)ect of laud tax as if he were the legal owner of the estate or interest ; and the owner of the legal estate shall be deemed to be the i»riuiary taxpayer, and the owner of the equitable estate is to be the second- ary taxpayer; and there shall be deducte) the sum which bears the; same ])roportion to the unim- proved value of the land as the share bears to the whole, whichever is the less. Added by No. (8.) In this sectiou, "original share in the land" means the share of one of the persons s])ecified in the settlement or will as entitled to the first life or greater interest thereunder in the land or the income therefrom, or to the first such interest in remainder after a life interest of the wife or husband of the settlor or testator. Land o\vned b) 39^ — (^1.) All^*^ land owucd by a company shall be deemed cf. N.z. 1908, (though not to the exclusion of the liability of the company or of No. 95, s. 57. g^j^y other persons) to be owned by the shareholders of the company as joint owners, in the proportions of their interests in the paid-up ca])ital of the company. (a) Sub-sections (7) and (8) of this section were added by tlie Land Tax Assessment Act 1911, which also repealed the following proviso, which stood as tlie third proviso to section 33 (1) : — " Provided further that, in the case of land vested in a trustee, under a settlement made before the first day of July, One thousand nine hundred and ten, or under the will of a testator who died before that day, upon trust to stand possessed thereof for the benefit of a number of persons who are relatives of the settlor or testator, then, for the purpose of ascertaining the taxable value of the land owned by him as such trustee, there may be deducted from the unimproved value of the land, instead of the sum of Five thousand pounds as provided by paragraph (6) of sub-section (2) of section eleven of this Act, the aggregate of the following sums, namely : — " In respect of each share into which the land is in the first instance distributed under the settle- ment or wiU amongst such beneficiaries, the sum of Five thousand pounds, or the unimproved value of the share, whichever is the less." Under this proviso the following decisions have been given by the High Court: — Where by a will of a testator who died before 1st July, 1910, land was given to trustees upon trust to sell and distribute the proceeds among certain reiatives of the testator, it was held that the trustees '"stood possessed of the land for the benefit of a number of persons who were relatives of the testator " within the meaning of this proviso. Archer v. Federal Commissioner of Land Tax, (1912) 13 C.L.R. 557. Where by a will of a testator real estate was left to trustees upon trust to pay the income thereof to the wife of the tsstator during the minority of his children, and upon trusts for theu- benefit (subject to certain other trusts) thereafter, and all the children had attained their majority at the time of the assessment, it was held that the trustees were entitled to the statutory deduction in respect of each of the children's shares. Reading v. Federal Commissioner of Land Tax, (1912) 14 C.L.K. 217. The words " in respect of each share into which the land is in the first instance distributed under the . . . will amongst such beneficiaries" ware hsld to relate to bsneficiaries who at the time the question arose derived their title to their shares directly from the instrument and independently of any intermediate person. Certain shares held to be shares into which the land was in the first instance distributed under the will among the class of beneficiaries referred to in the proviso. Archer v. Federal Commissioner of Land Tax {supra). The words " is in the first instance distributed " were held to extend to contingent interests. Neill v. Federal Commissioner of Land Tax, (1912) 14 C.L.E,. 207. A testator who died before 1st July, 1910, devised all his real and personal property including certain land to tru tees upon trust after payment of certain annuities for such of the children of his daughter as being born in his lifetime should attain the age of 25 years, or, if a female, marry, or being born after his death, attained the age of 21 years or, being a female, married. The daughter married subsequently to the testator's death, and, at the time when the land was assessed in the hands of the trustees, had four chUdren, the eldest of whom was 9 years of age. It was held that the trustees were entitled to claim the statutory deduction in respect of each of the four children. Neill v. Federal Commissioner of Land Tax {supra). It was held that a joint owner, who holds as a trustee, is entitled to the benefit of this proviso. Isles v. Federal Commissioner of Land Tax, (1912) 14 C.L.B. 372. (6) Validity of section discussed by High Court. Osborne v. Commonwealth, (1911) 12 C.L.R. 321. Land Tax Assessment Act lOlO-lOll. 779 (2.) The ])rovisions of section thirty-eight of this Act sliall apply accordin<>ly (l)ut so that the assessment and liahility of the conii)any shall he in lieu of tlie joint assessment and liahility under sub-section two of that section), and tlie shareholders shall be separately assessed and liable, and entitled to deductions, in accord- ance with that section. (3.) The term " shareholder," in this and the next following section, includes all persons on whose behalf a share in the company is held by a trustee or by any other person. (4.) A company shall in no case be deemed to be an absentee ; cf.N.z.,ifl08, but any of the shareholders who are absentees shall be separately No. 95, s. 54 (4). assessed and liable as absentees. 40. — (1.) Any(*) two or more companies which consist snb- companies stantially of the same shareholders shall be deemed to be a single gubstantiaiiy company, and shall be jointly assessed and liable accordingly, with g{Jareh™ider8 such rights of contribution or indemnity between themselves as is cf. ib. s. ss. j"st. (2.) Two companies shall be deemed to consist substantially of the same shareholders if not less than three-fourths of the paid- up capital of each of them is held by or on behalf of shareholders of the other. Shares in one company held by or on behalf of another company shall for this purpose be deemed to be held by shareholders of the last-mentioned company. 41. — (1.) LandW owned by a Mutual Life Assurance Society (not Mutual Lite being laud of which the society is mortgagee in possession, or which socr/ttes? the society has acquired under or by virtue of a mortgage) shall not Amended by be liable, as against the Society or its policy-holders, to assessment ^o. 12, 1911, or taxation under this Act. (2.) For the purposes of this section, a Mutual Life Assurance Society means any assurance society all the profits of which are divided among the policy-holders. In the case of a society which has shareholders who are entitled to receive a share of the profits of the society, a proportion of such land owned by the society, corres])onding to the proportion of the total assurances of the society which is represented by its Australian policies, shall not be liable as against the society or its policy-holders, to assessment or taxation under this Act. Sub-sec. (3) omitted ; No. 12,1911, t.8. to be effective while possession 42. Notwithstanding any conveyance, transfer, declaration of no disposition trust, settlement, or other disposition of land, whether made before or after the commencement of the Act, the person making the retained, same shall, so long as he remains or is in possession or in receipt of ^*" ^^' ^" ^^ the rents and profits of the land, whether on his own account or on account of any other person, be deemed (though not to the exclusion of any other person) to be the owner of the land. (a) Validity of section discussed by High Court. Osborne v. Commonwealth, (1911) 12 C.L.R. 321. (&) Validity of section discussed by High Court. Osborne v. Commomvealth, (1911) 12 C.L.B,. 321. {Note. — This section has since been amended by the Land Tax Assessmetit Act 1911.) 780 LAND TAX- Deduct ions to prevent double taxation. See S8. 32, 35, 37, 38.| Amended by No. 12, 1911, I. 9. Proviso omitted. No. 12, 1911, s. 9. Meaning of tax payable in respect of certain land. Inserted by No. 12, 1911, s. 10. Appeal. Added by No. 12, 1911,*. 11. Pending appeal not to affect ».s9essnient. Cf. N.Z., 1908, No. 95, 8. 32. Power of Coiirt on heariner of appeal. 43. Where under this Act — {(i) any jjerson is deemed to l)e the seconiUiry taxpayer in res])ect of any hind or interest ; and {/)) it is provided that there shall he diMlnctcd IVoiii the tax payable by the peeoiidary tax])ayer, in respect of the land or interest, such ainonnt (if any) as is necessary to ])revent d()nl)le taxation, the amount of the deduction (if any) shall he the lesser of the following' amounts : — (a) the amount of tax ])aya1)le in respect of the land or interest by the secondary taxjiayer ; or {6) the aggregate of the amounts of tax (if any) i)ayable iu resjjcct of the land or interest by the primary taxpayer and by any ])recedent secondary taxpayer : ******* Provided that the secondary taxpayer shall be assessed and liable in respect of the land or interest, notwithstanding that the primary taxpayer is exem|)t from taxation in resjiect of the land or interest, or that there is no primary taxpayer in respect of the land or interest. 43a. Where in this Act reference is made to the tax payable by a person in respect of any laud or interest, the reference is to so much of the whole tax payable by him as bears to the whole tax payable by him the proportion which the unimproved value of the land or interest referred to bears to the unimproved value of all the land owned by him. Part V. — Appeals. 44. — (1 .) Any taxpayer or person may within the prescribed time appeal to the High Court in its original jurisdiction, the Supreme Court or a County or District Court of a State, or such other Court as is specified in that behalf by proclamation, against any assessment by the Commissioner with respect to his land, on the ground that he is not liable for the tax or any part thereof, or that the assessment is excessive. (2.) When the appeal is to the High Court or a Supreme Court, it shall be heard by a single Justice of the Coiu't. (.3.) An inferior Court of a State shall not have jurisdiction under this section unless it is constituted or presided over by a Judge authorized iu that behalf by the Governor-General. 45. — (1.) The fact that an appeal is pending shall not in the meantime interfere with or affect the assessment appealed from; and land tax may be levied and recovered on the assessment as if no appeal were pending. (2.) If the assessment is altered on appeal a due adjustment shall be made, for which purpose amounts paid in excess shall be refunded, and amounts short paid shall be recoverable as arrears. 46. — (1.) On the hearing of the appeal the Court may make such order as it thinks fit, and may either reduce or increase the assessment, and its order shall be final and conclusive on all parties except as provided in this section. Land Tax Assessment Act V,^U)-\\)\\. 781 (2.) The cost of the a})])t';il shall he in the discretion of the (,'ourt. (3.) On the hejirinti* of the appeal, the ( Jourt niiiy, if it thinks fit, state a case in writines and other char<;es then affecting the land, and to entitle the owner to comj)en- sation therefor upon the basis of the improved value obtained by adding the fair value of im])r(jvements to the unimproved value stated in the return, together with the amount of ten per centum u})on that improved value, by way of an allowance for compulsory dispossession. (/) The provisions of the Layids Acfiulsition Act 1906 shall, so far as a})plicable, but subject to this Act, apply in relation to the land so acquired as if it had been acquired under that Act. {g) The Minister shall forthwith notify a Minister of the Crown for the State in which the land is situate that the land has been so acquired ; and if within three months after the notification the Government of the State requires the Commonwealth to convey the land to the State, in consideration of the payment by the State to the Commonwealth of the sum payable by the Com- monwealth to the owner, together with the costs of conveyance and any expenses incurred by the Common- wealth in regard to the land acquired, the land shall be conveyed to the State accordingly. (k) If the Government of the State does not so require the Commonwealth to coivey the laud to the State, the Governor-General may authorize the use of the land for any public purpose of the Commonwealth for which it is required ; or, if it is not required for any public purpose, may authorize the disposal of it as he thinks tit. Part VII. — Collection and JttECOVERY of Tax. Date of payment 49. Land tax for each year shall be due and payable on such of tax. date as appointed iu that behalf by the Governor-General by notice Na 15,' ^s^. 47 1 published iu the Gazette not \q&^ than one month before the date K: 9^' ^°" ^^ appointed. Additional tax 50. Evcry persou who fails to pay the amount payable by him iTefa^uft"* in respect of land tax before the expiration of thirty days after N.s.w. ib. 8. 48; it has become due shall be liable by way of additional tax to a N.z. ib. 8. 92. further amount of ten per centum on the amount of the tax. Added by No, Provided that the Commissioner may in any particular case, for 12,1911,$, 12, reasons which in his discretion he thinks sufficient, remit the additional tax or any part thereof. The Commissioner shall furnish to the Treasurer annually, for presentation to Parliament, a report of all such remissions with a statement of the reasons therefor. Land Tax Assessment Act 1910-1011. 7^3 51. — (1.) Land tax shall be deemed when it becomes due or is Recovery of ux. payable to be a debt due to the King on behalf of the Common- n-s.w. 59 vict. wealth and payable to the Commissioner in the manner and at the 51 ;' N-z^iwa, place prescribed. (2.) Any land tax unpaid iu(dudin<2: any additional tax may be sued for and recovered in any (Jonrt of competent jurisdiction by the Commissioner suing in his official name. No. 96, B. 93. 52. If, in any proceedings against a taxpayer for the recovery of substituted land tax, the defendant — nT^* s 95 (a) is absent from Australia and has not to the knowledge of the Commissioner after reasonable inquiry in that behalf any attorney or agent in Australia on whom service of process can be effected ; or {b) cannot after reasonable inquiry be found, service of any process in the proceedings may without leave of the Court be effected on him by posting the same or a sealed copy thereof in a letter addressed to him at his last known place of business or abode in Australia, or by fixing the same on a con- spicuous part of the land to which the tax relates. 53. The following provisions shall apply in any case where, ProvisiDn when whether intentionally or not, a taxpayer escapes full taxation in dufringu^eume. his lifetime by reason of not having duly made full and complete cf. n.z., 1908. returns:- ^o.^^,sm. (a) The Commissioner shall have the same powers and remedies against the executors and administrators of the tax- payer in respect of the estate of the taxpayer as he would have had against the taxpayer in his lifetime. {b) The executors and administrators shall make such retmms as the Commissioner requires for the purpose of a full assessment. yc) The assessment shall be at the rates payable in respect of the years for which the tax ought to have been paid, and the amount payable shall (where the taxpayer's default was intentional) be treble the amount of the difference between the tax so assessed and the amount actually paid by the taxpayer, and shall be a first charge on all the taxpayer's estate in the hands of the executors and administrators. (d) No lapse of time shall prevent the operation of this section, and the Commissioner may take all such proceedings and exercise all such powers and remedies for the pur- pose of giving effect to this section and recovering the treble tax as in the case of ordinary assessments and taxation. 54. No statute of limitations at any time in force shall bar or I^^^JJ^^'^^J^^'g^ affect any action or remedy for recovery of land tax. cf. n.z. ib. s. 106." ■ ■ ■ ■ ?84 LAND TAX- uenud.v asaii.Ht 55. Wlid'e ii tjixjuiver makes a (lefanlt in the payment of laud «*i.erV'"xpa>er ^!i>^, tlieii witliout ill aiiv wav releasiii])or- tion to the tax as the value of the estate of such other ])erson bears to the whole value of the land. {h) Every person entitled to contribution in respect of land tax under this section may sue therefor in any Court of competent jurisdiction as money paid to the use of the person lia])]e to contribute at his request ; or may retain or deduct the amount of the contribution out of any moneys in his hands belonging or payable to the person liable to contribute. 59. If within three years after any land tax has been paid it is Payment of discovered that too little in amount has been paid, the taxpayer liable for the tax shall forthwith pay the deficiency : s.""ii5 Provided that nothing in this section shall o])erate to limit or affect the liability of the taxpayer or any other person under section fifty-three of this Act. 60. If within three years after any laud tax has been paid, Refund of it is discovered that too much in amount has been paid, whether by ^^!^^^' .. „ - ,. . . . ^ n • • ''Of. N.Z. 10. reason oi duplicate taxation or otherwise, the Commissioner upon 8. iie. being satisfied thereof shall order the excess to be returned to the taxpayer entitled thereto. deficiency. Of. N.Z. ib. Part VIII. — Miscellaneous. 61. Every Company which is a taxpayer and which carries on Public officer of business in Australia shall at all times be re})resented by a person ^^^^"sQy. residing in Australia duly appointed by tlie Com})any or by its duly No.'isis. 43;* authorized agent or attorney, and with respect to every such Company gsfg] l^^' ^°' and person the following provisions shall apply : — (a) The person so appointed shall for the purposes of this Act be called the public officer of the Company. (b) The Company shall keep the office of public officer con- stantly filled, and no appointment of a public officer shall be deemed to be duly made until after notice thereof in writing, specifying the name of the officer and address for service, has been given to the Com- missioner. (c) If the Company fails or neglects to duly appoint a public officer when and as often as such appointment becomes necessary, it shall be guilty of an offence. Penalty : Fifty pounds for every day during which the failure or negflect continues. 786 LAND TAX— (d) Service of any document at the address for service or on the public ofKcer of a C'ompany shall be suffi(;ient service ii])on the Company for all the j)urposes of this Act or the Keg'ulations, and if at any time there is no i)ublic officer then service upon any person acting or a])j)eariMg to act in the business of the Company shall be sufficient. (e) The public officer shall be answerable for the doing of all such things as are rcfjuired to be done by the Company under this Act or the Regulations by a taxpayer, and in case of default shall be liable to the same penalties. (/) Everything done by the public officer which he is required to do in his representative capacity shall be deemed to have been done by the Company. The absence or non- appointment of a public officer shall not exonerate the Company from the necessity of comj)lying with any of the provisions of this Act or the Regulations, or from the penalties consequent on the failure to comply therewith, but the Company shall be liable to the provisions of this Act as if there were no requirement to ai)point a i)ublic officer. Agents and 62. With rcspcct to evcry agent, and with respect also to every trustees, trustce, the following provisions shall apply : — N.S.W. 59 Vic. ' ° ^ ^'^ •' N.z^^ioos* ' (^) -^^ shall be answerable as taxpayer for the doing of all No. 95, s. 9. such things as are required to be done by virtue of this Act in respect of the land held by him in his representative capacity and the payment of land tax thereon. (b) He shall in respect of such land make the returns and be assessed thereon, but in his representative capacity only, and each return and assessment shall except as otherwise provided by this Act be separate and distinct from any other. (10-]1>]1, Part VI.] Lands Acquisition Act JUOO.'"' Short title. Comincaceinent. Repeal. Parts. C£. No. 18 1901 s. 1. No. 13 of 1906. An Act relating" to the Acqnisition by the Comnion- wealtli of Land required for Public Purposes and for dealing with Land so acquired and for other purposes connected therewith.^''^ [Assented to 12th October, 1906.] BE it enacted by the* King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — Part I. — ^Preliminary. 1. This Act may be cited as the Lands Acquisition Act 1006. 2. This Act shall commence on a day to be fixed by proclamation.^'^^ 3. The Property for Public Purposes Acquisition Act 1901 is repealed. 4. This Act is divided into Parts, as follows : — Part I. — Preliminary. Part 11. — Acquisition of Land. Division 1. — Modes of Acquisition. Division 2. — Acquisition by Agreement. Division 3. — Acquisition by Compulsory Process. Part III. — Powers n Relation to Lands. Part IV. — Compensation. Division 1. — Right to Compensation. Division 2. — Claims for Compensation. Division 3. — Determination of Disputed Claims for Compensation. Division 4. — Determination of Compensation where no Claim made. Division 5. — Payment of Compensation. (a) This Act has since been amended by the Lands Acquisition Act 1912 (No. 39 of 1912), which will be found in No. XI. of the Sessional Volumes of Commonwealth Acts, page 129. (6) As to application of this Act in the Territory for the Seat of Government, see Seat of Government Acceptance Act 1909, s. 10, as amended by the Seat of Government {Administration) Act 1910, s. 10 (infra, p. 954). As to its application in the Northern Territory, see Northern Territory {Adminis- tration) Act 1910, s. 9 {infra, p. 1004). (c) Proclaimed to commence 1st July, 1907. See Gazette, 29th June, 1907, p. 903. Lands Acquisition Act 190(^5. 791 Part V. — Mortgages, Encumbrances, and Leases. Division 1. — Mortgages. Division 2. — Encumbrances. Division 3. — Leases. Part VI. — Miscellaneous. 5. In this Act, unless the contrary intention appears — Definitions. " Convey " means convey, transfer, or lease ; ^'^^' ^^ ^^^ " Crown Land " means any land the property of a State, whether reserved or dedicated for any pubUc purpose or not, but does not include any estate or interest granted by the State to any person ; " Encumbrance " includes any rent-service, rent-charge, chief or other rent, or other charge or encumbrance upon land, other than a mortgage ; " Land" includes any estate or interest in land (legal or equitable), and any easement, right, power, or privilege over, in, or in connexion with land, and also includes Crown land, but does not include public parks vested in or under the control of municipal or local authorities and dedicated to or reserved for the recreation of the people, or such other lands dedicated to or reserved for the use and enjoyment of the people as have been specified by Proclamation ; " Lease " includes an agreement for a lease ; " Owner " includes, with respect to land, any person who imder this Act is enabled to sell or convey the land to the Common- wealth, and means, with respect to Crown land, the State to which the land belongs ; " Public purpose " means any purpose in respect of which the Parliament has power to make laws, but shall not include the acquisition of territory for the Seat of Government of the Commonwealth under the Constitution ; " Special Act " means any Act authorizing the carrying out of any public work in connexion with any public purpose ; " The High Court " means the High Court of Australia or a Justice thereof ; " The Supreme Court " means the Supreme Court of the State in which the land, in reference to which the expression is used, is situated, or a Judge thereof. 6. AMiere the Governor of a State agrees with the Governor- saie or lease of General for the sale or lease of any Crown land to the Commonwealth, oTstaL*^°o *''"°' any instrument or assurance executed by the Governor for granting comnioinveaith. conveying or leasing the land to the Comraonwe.iltli accordingly shall (by force of this Act, and notwithstanding anything in the law of the State) be valid and effectual to vest the land in the Commonwealth according to the tenor thereof. B 2 '92 LANDS ACQUISITION— Miuiator of State may act for State. Cf. No. 13 1001 8. 48. Persons under disability may sell land to Commonwealth. No. 13 1901 8. 4 (1). Extent of power to sell. I b. s. 4 (2). 7. Where under this Act a State may make a claim, or give any notice, or do or suffer any act, matter, or thing, or be made subject to any liability, the claim may be made or notice given, or act, matter, or thing done or suffered by, or the liabiHty may be enforced against the Minister for Lands of the State, or such other Minister of the Crown for the State as the Governor of the State, Avith the advice of the Executive Council thereof, appoints. 8. Any person seised, possessed, or entitled to any land, particu- larly any — (a) corporation ; (6) tenant in tail or for life ; (c) married woman seised in her own right or entitled to dower ; (d) guardian ; (e) committee of a lunatic or idiot ; (/) trustee or feoffee in trust ; {g) executor or administrator ; (h) person for the time being entitled to the receipt of the rents and profits of any land in possession or subject to any estate in dower ; or (^) lessee for life, or for life and years, or for years, or for any less interest ; may (by force of this Act and notwithstanding anything to the con- trary in any law, deed of settlement, memorandum, or articles of association, deed, or instrument) sell and convey the land to the Commonwealth, and may enter into any agreement for that purpose. 9. The power to sell and convey land may be exercised — (a) by any person (other than a married woman entitled to dower, or a lessee for life, or for life and years, or for years, or for any less interest) not only on behalf of himself and his heirs, executors, administrators, and successors, but also on behalf of every person entitled in reversion, remainder, or expectancy after him, and in defeasance of the estate of every person so entitled ; and (b) in the case of a married woman, whether she is of full age or not, as if she were of full age and a feme sole ; and (c) in the case of a guardian, on behalf of his ward, and to the same extent as the ward could have done if he were not under a disability ; and (d) in the case of a committee of a lunatic or idiot, on behalf of the lunatic or idiot, and to the same extent as the lunatic or idiot could have done if he were not under a disability ; and (e) in the case of trustees, executors, or administrators, on behalf of their cestui que trusts (whether persons under a dis- ability or not) to the same extent as the cestui que trusts could have done if they were not under a disability. Lands Acquisition Act 11)06. 71)3 10. — (1.) Where any land is sold or conveyed to the Common- Aiii.ii(ation of wealth by or acqnired from any person who was not entitled to sell o,'''orni'en"'i'tioM or convey the land to the Commonwealth except under this Act, the ))ll"?J'?rf! •' . 1 • 1 /• 1 1 eiititiea to purchase money or compensation may be applied as lollows : — st-ii. (a) With the consent of all parties interested, the purchase money or compensation may be ])aid to a trustee subject to sucli trusts as are declared by a deed of trust ap- proved by the Attorney-General ; or (b) The purchase money or compensation may be ])aid to a Registrar of the High Court or the Master-in-Equity or other proper officer of the Supreme Court to be applied in accordance with any order of the Court. (2.) The High Court or the Supreme Court may, on the applica- tion of any person interested, order any purchase money or compen- sation to be applied as follows : — {a) in the discharge of any debt or encumbrance aflfecting the land, or affecting other laud settled therewith to the same or the like uses, trusts, and purposes ; or (b) in the purchase of other land, or of Government securities of the Commonwealth, or of a State, to be conveyed, limited, and settled upon the like uses, trusts, and purposes, aud in the same manner, as the land in respect of which the purchase money or compensation was paid; or (c) if the purchase money or compensation has been paid in respect of any buildings acquired under the authority of this Act — in removing or replacing the buildings or snbslituting others in their stead ; or (cl) in such manner as the High Court or the Supreme Court directs ; or (e) in payment to any person becoming absolutely entitled to the purchase money or compensation. {Z.) Provided that where the purchase money or compensation does not exceed Fifty pounds it may be paid to the persons who would for the time being have been entitled to the rents aud profits of the land. (4.) Where any infant, lunatic, or idiot is interested in or entitled" to receive any purchase money or compensation his consent to any application or disposition of the purchase money or compensation may be given by a committee or guardian on his behalf or the purchase money or compensation may be paid to his committee or guardian. 11. — (1.) The High Court or the Supreme Court may, on the power of court application of any person interested, order that any purchase money 's to^purcL"* or compensation paid or deposited in respect of any land acquired "^""^^'^o^,, under this Act shall be invested or applied in such manner as the s.25. Court considers will give to the parties interested therein, as nearly as may be, the same benefit as they would have had from the land if it had not been acquired under this Act. 794 LANDS ACQUISITION- NO. 13 1901 8. ae. I'erson in possession to lie deemed tho owner. Of. No. 13 lilOl s. 27. Modes of acquisition. Acquisition by agreement. Cf. lb. s. 3. (2.) The costs of and incident to any application under tnis section, or to any investment ordered under this section, shall be in the dis- cretion of the Court. 12. If any question arises respecting the title to any land in respect whereof any purchase money or compensation is | ayable under this Act, the person in [)ossession of the land as bein<^ tiie owner thereof, or in receipt of the rents of the land as being entitled thereto, at the time of the land being acquired by the Commonwealth, shall be deemed to have been entitled to the land, until the contrary is shown ; and unless the contrary is so shown, the person so in possession and all persons claiming under him or consistently with his possession shall be deemed entitled to the purchase money or compensation, and it shall be paid and applied accordingly. Part II. — Acquisition of Land. Division L — Modes of Acquisition. 13. The Commonwealth may acquire any land for public pur- poses — (a) by agreement with the owner ; or (6) by compulsory process. Division 2. — Acquisition by Agreement. 14. — (1.) The Governor-General may approve of the acquisition by the Commonwealth of any land by agreement with the owner. (2.) The Minister may, in any case where the interest proposed to be acquired is a lease for a term not exceeding three years at a rental not exceeding Fifty pounds per annum, approve of the acquisition by the Commonwealth of the lease of the land by agreement with the owner. (3.) The Attorney-General may thereupon, for and on behalf of the Commonwealth, execute or accept any conveyance or document, or enter into any covenant or agreement, and do any thing necessary, for the purpose of effecting the acquisition of the land^''). Approval of acquisition. No. 13 1901 s. 6 (1!. Notification of acquisition. [b. s. 6 (2). Notification to be laid before Parliament, lb. s. 6 (3). Division 3. — Acquisition by Compulsory Process. 15. — (1.) The Governor-General may direct that any land may be acquired by the Commonwealth from the owner by compulsory process. (2.) The Governor-General may thereupon, by notification pub- lished in the Gazette, declare that the land has been acquired under this Act for the public purpose therein expressed. (3.) A copy of the notification shall be laid before both Houses of the Parliament within fourteen days after its publication in the Gazette if the Parliament is then sitting, and if not then within fourteen days after the next meeting of the Parliament. (a) Held by the High Court that a memoranduin of transfer to the ComTnonwealth of any land required for a public purpose is not liable to stamp duty under a State Act. Commonwealth v. Neve South Wales, (1906) 3 C.L.B. 807. Commonwealth. No. 13 1901 8.7. land, lb. 8. 8. Lands Acf/Hisition Act 1906. 795 16. — (1.) Upon the publication of the notification in the Gazette, Effect of the land described therein shall, by force of this Act — vest knThi*" (a) be vested in the Commonwealth ; and (6) be freed and discharged from all trusts, obligations, estates, interests, contracts, licences, charges, rates, and ease- ments, to the intent that the legal estate therein, together with all rights and powers incident thereto or conferred by this Act, shall be vested in the Commonwealth. (2.) Where the land described in the notification is Crown land of a Effect of State, or is by virtue of any law of a State vested in any person on caae o^crown behalf of the Crown or for any public purpose, the notification shall also have the effect of cancelling any dedication or reservation to which the land was subject at the date of the publication of the notification. 17.^^Upon the publication of the notification in the Gazette, the conversion of estate and interest of every person entitled to the land specified in the interests into notification, and the title of the State to any Crown land specified in colm^ensation. the notification, shall be taken to have been converted into a claim i^. s. ii(i). for compensation. 18. — (1.) Forthwith after the pubHcation of the notification in the Notice to owner. Gazette, the Minister shall cause a copy of the notification, together of- ^o- is, i9oi ^ s 13 (1) (2) with a plan of the land, to be served upon the owners of the land or such of them as can with reasonable diligence be ascertained, either personally or by registered letter posted to their last known places of abode. (2.) If the owner cannot after dihgent inquiry be found, a copy of the notification, together with a plan of the land, shall be left with the occupier of the land, or if there is no occupier, shall be affixed upon some conspicuous part of the land. 19. Where the land is Crown land of a State which is dedicated Parliament may for a public park or for the recreation or amusement of the public, notification to and in all other cases except the following" : — ^° ^"'"^ (a) where moneys have been appropriated out of the Consoli- ^^' ^ ^^^^'' dated Revenue Fund for or towards the purpose for which the land was acquired ; or (6) where the Governor-General has sanctioned the construction or carrying out of the work or undertaking in respect of which the land was acquired, and public funds are legally available for the purpose ; or {c) where the Minister certifies under his hand that the estimated value of the land does not exceed One hundred pounds, either House of the Parliament may, within thirty days after a copy of the notification has been laid before it, pass a resolution that the notification shall be void and of no effect, and thereupon the notifica- tion shall be void and of no effect, and the land shall be deemed not to have been vested in the (/oramouwealth, and the owner of the '96 LANDS ACQUISITION— Registration of notitlcation. No. 13 1901 s. 61. land sliall be entitled to compensation for any damnjie wliich he may have sulFered l>y reason ol' the uotiHeatioii, or oi'the exercise of tlie ])()\vers of the Minister consequent tliereupoii. 20. If a copy of the notification in the Gazette, certified under the hand of the Attorney-General, is lodged with the Registrar-General or Registrar of Titles or other proper oflficet of the State or part of the Commonwealth in which the land is situated, he shall register it in the register and in the manner as nearly as may be in which dealings with land are registered, and shall deal with and give effect to the notification as if it were a grant or conveyance or memorandum or instrument of transfer of the land to the Commonwealth duly executed under the laws in force in that State or part of the Commonwealth. Power to examine lands, lb. 8. 49(1). Power to occupy lands temporarily. lb. 8. 53 (1). Power to take materials, make roads, &c, on adjacent lands, lb. s. 53 (1) (2). Part III. — Powers in Relation to Lands. 2 1 . The Minister and all persons authorized by him may — (a) enter upon any land, and (6) make surveys, take levels, sink pits, and examine the soil, and (c) do any thing necessary for ascertaining the suitabihty of the land for any public purpose. 22. Where any land has been purchased or taken under this Act for any public purpose, the Minister and all persons authorized by him may enter any land — (a) being within a distance of two hundred yards from the nearest boundary of the land so purchased or taken ; and (6) not being a garden, orchard, or plantation, attached or belonging to a house, or a park, planted walk, avenue, or ground ornamentally planted ; and (c) not being nearer to the dwelling house of the owner of the land than a distance of five hundred yards, and may occupy the land so entered so long as may be necessary for the purposes of any works connected with the carrying out of the public purpose. 23. — (1.) The Minister and all persons authorized by him may, in connexion with the carrying out of any public purpose, exercise on or in relation to any land occupied by him under this Part of this Act, all or any of the following powers : — (a) to take clay, stone, gravel, earth, timber, wood, or material or things required for carrying out the public purpose ; (6) to make cuttings or excavations ; (c) to deposit clay, stone, gravel, earth, timber, wood, or material ; {d) to manufacture goods or articles required for carrying out the public purpose ; (e) to erect workshops, sheds, and buildings of a temporary character ; (/) to make roads. Lands Acquisition Act 1906. 79- (2.) The power to take clay, stone, or earth shall not be exercised in respect of any stone or slate quarry brickfield or other like place commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same. 24. — (1.) Where the Minister or any person authorized by him Rent for enters any land and temporarily occupies it under the powers con- oc^uS^ ferred by this Act, the Commonwealth shall pay to the owner or No. 131901 occupier of the land, as the case requires, a rent for the occupation of the land. (2.) The amount of rent and times of payment shall be settled by agreement between the Minister and the owner or occupier, or, if they cannot agree, then, on the apphcation of the Minister, by any Court having jurisdiction to entertain an action for compen- sation under this Act. (3.) Nothing in this section shall take away the right of any person to compensation for damage sustained by reason of the exercise of any power under this Part of this Act. 25. The Minister shall, if required by the owner or occupier of the Fencing of land so to do, separate any land occupied in pursuance of this Part ^^^^ ^ 54, of this Act from any adjoining land by a sufl&cient fence, with such gates as may be necessary for the convenient occupation of the land. Paet IV. — Compensation. Division 1. — Right to Compensation. 26. Where any land (other than Crown land) is acquired by Right to compulsory process, the owner of the land shall, if deprived of c°f'^b^T9'(i) the land in whole or in part, be entitled to compensation under this 11 (-)• Act.(«> 27. — (1.) Where any Crown land is acquired by compulsory compensation process, the State shall be entitled to compensation under this und!'^"^'^ Act. lb. ss. 9 (2), 45. (2.) The compensation shall be estimated as if the State were the proprietor of an estate in fee simple in the land, subject to any estate or interest which any person had in the land at the time of its acqui- sition by the Commonwealth. (3.) The State shall not be entitled to compensation in respect of the loss of any rights of dominion, taxation, or revenue. 28. — (1.) In determining the compensation under this Act, regard compensation, how estimate Of. ib. s. 19. shall be had (subject to this Act) to the following matters :— ~ how "estimated. (a) The value of the land acquired ; (o) Held by the High Court in an action lor compeusatiou under tlie Projierly for Public Purposes Acquisition Act 1901 (which has been repealed by this Act) that in assessing the value of land resumed under that Act the basis of valuation should be the price that a willing purchaser would at the date in question have had to pay to a vendor not unwilling, but not anxious, to sell. Spencer v. Com- monwealth, (1907) 5 C.L.R. 418. 798 LANDS ACQUISITION— Value of lanil, how estimated. No. 13 1901 s. 19. Production of lease where lessee claims greater interest than as tenant at will lb. 8. 44. Compensation for entry on and occupation of land. lb. ss. 49 (2), 55 (a) (c). (b) The damage caused by the severance of the land acquired from other land of the person entitled to compensation ; and (c) The enhancement or depreciation in value of other land adjoining the land taken or severed therefrom of the person entitled to compensation by reason of the carrying out of the public purpose for which the acquired land was acquired. (2.) The enhancement or depreciation in value shall be set off against or added to the amount of the value and damage specified in paragraphs (a) and {(>) of sub-section (I) of this section. 29, — ( 1 .) The value of any land acquired by compulsory process shall be assessed as follows : — (a) In the case of land acquired for a public purpose not authorized by a Special Act, according to the value of the land on the first day of January last preceding the date of acquisition ; and (6) In the case of land acquired for a public purpose authorized by a Special Act, according to the value of the land on the first day of January last preceding the first day of the Parliament in which the Special Act was passed. <") (2.) The value of the land shall be assessed without reference to any increase in value arising from the proposal to carry out the public purpose. 30. If any person having a greater interest than as a tenant at will of any land acquired by compulsory process makes a claim for compensation in respect of any unexpired term or interest under any lease, the Attorney-General may, by demand in writing, require him to produce the lease in respect of which the claim is made, or the best evidence thereof in his power. If the demand is not complied with within twenty- one days after service thereof on the claimant, he shall be deemed to be a tenant holding from year to year, and shall not be entitled to further com- pensation than as such a tenant. 31. — (1.) Where, by reason of the execution of any powers under Part III. of this Act, the owner or occupier of any land suffers damage he shall be entitled to compensation under this Act. (2.) Where the Minister or any person authorized by him enters into the temporary occupation of any land, the compensation shall include-^ (a) damage of a temporary as well as of a permanent character ; and (6) the value of all clay, stone, gravel, earth, timber, wood, materials, or things taken for carrying out the public purpose. (a) In regard to the date as at which the value of land acquired by compulsory process for the purposes of the Kalgoorlie to Tort Augusta Railway is to be assessed. s(e Jiah/ccriie to Pert Avgtifta Railway Act 1911, s. 19 (infra, p. 949). In regard to such date in respect of land acquired for public purposes in the Territory for the Seat of Government, see Seat o/ Government Accejtavce Act 1909, s. 10 (as amended), (infra, p. 964). In regard to such date in respect of land acquired for public purposes in the Northern Territory, see Northern Territory (Administration) Act 1910, s. 9 (infra, p. 1004). Lands Acquisition Act l'JU(). 799 Division 2. — Claims for Compensation. 32. — (1.) Any State or person claiming to be entitled to compen- ciaim tor sation under this Act may make a claim for compensation. nTITIwi'^ (2.) A claim for compensation shall be in writing, and shall be served '• ^^ *=*'• on the Minister, and shall set forth the prescribed particulars, and shall be in accordance with such of the prescribed forms as is applicable to the case. (3.) A claim for compensation shall be deemed to be made when it has been served on the Minister. 33. — (1.) Except as allowed in sub-section (2) of this section, a Time for claim for compensation shall be made within the following times : — for '°^ '^ "*"" (a) Where the claim is for land acquired, within one hundred and ir^-'^rlsr" twenty days after the publication of the notification of acquisition ; (6) Where the claim is for damage suffered by reason of the exer- cise of any powers under Part III., within one hundred and twenty days after the completion of the acts in respect of which compensation is claimed. (2.) The Minister, if he is satisfied that any claim for compensation is bond fide, may allow such further time for making it (whether the time for making it has expired or not) as he thinks just, and it may be made accordingly. 34. — (1.) Within one hundred and twenty days aftei" a claim for Procedure on compensation has been made, the Minister shall cause the claim to be com™en°sation examined and a report made to him as to the value of the land of the ijeing received, claimant and the amount of damage to whicli the claimant is entitled. (2.) After the receipt of the report, the Minister shall — (a) notify the claimant that he admits the claim for compen- sation, and that the compensation claimed will be paid to the claimant on compliance with this Act ; or (6) ofier the claimant such amount as the Minister thinks reasonable in satisfaction oi the claim for compensation, and notify the claimant that the amount offered will be paid to him, on compliance with this Act, if he accepts the ofEer ; or (o) notify the claimant that he disputes the claim for compen- sation. (3.) The claimant shall, within sixty days after the receipt of the offer of the Minister, by notice in writing, notify the Minister whether he does or does not accept the offer. 35. If When claim (a) the Minister ofEers the claimant an amount in satisfaction of dfJJ* ™ed * the claim for compensation, and the claimant does not ^Jf^'^gfi^ation. within sixty days after the receipt of the offer accept it ; or (6) the Minister notifies the claimant that he disputes the claim for compensation, the claim for compensation shall be a Disputed Claim for Compen- sation. 800 LANDS ACQUISITION— Methods of determining disputed claims. Division 3. — Determination of Disputed Claims for Compensation. 36. Subject to this Act, a disputed claim for compensation may be determined as follows : — (a) By agreement between the Minister and the claimant ; or (b) By an action for compensation by the claimant against the Commonwealth ; or (c) By a proceeding in a Federal or State Court on the applica- tion of the Minister. Action for compensation. Cf. No. 13 1901 8S. 15, 16, 17. 37. An action for compensation may be instituted by the claimant against the Commonwealth in the High Court or in any State Court of competent jurisdiction, and, subject to the following provisions, the action shall be heard and determined in the same manner as ordinary actions : — (a) The action shall be tried without a jury ; (6) The Court shall have no power to direct a reference to arbi- tration unless by consent of parties ; (c) If the Court is of opinion that the action might have been brought in a lower Court, costs, if awarded to the claimant, shall only be allowed on the scale applicable to costs in the lower Court, unless the Court certifies that special circumstances existed which made it proper to institute the action in the higher Court ; (d) The costs shall be in the discretion of the Court. of the Minister. Determination 38. — (1.) If withlu six mouths after a claim for compensation onT^Ston°° became a disputed claim for compensation — (a) it has not been determined by agreement between the Minister and the claimant ; or (6) it has not been referred to arbitration ; or (c) no process in an action for compensation by the claimant against the Commonwealth to determine the claim has been served on the Minister, the Minister may apply to the High Court, or to a State Court in which an action for compensation might be instituted, to determine the claim. (2.) The Court shall, after such notice to such persons as it directs, hear the application and determine the claim. (3.) The Court may make such order as to costs as it thinks just. nr (4.) The determination of the Court shall be final and conclusive and without appeal, and shall be binding on the claimant, whether he was represented before the Court on the hearing of the application or not. where do claim made. Lands Acquisition Act 19U6. 801 Division 4. — Determination of Compensation where no Claim made. 39. — (1.) Where any land has been acquired by compulsory process, Procedure to and no claim for compensation has been made within six months compenJtion after the right to make the claim arose, and no application to the Minister for lurther time to make a claim has been granted or is pending, or if, such an apphcation having been granted, no claim has been made within the time limited by the Minister, the Minister may apply to a Court to determine the amount of compensation payable. (2.) The arplication shall be made to the High Court or to the Supreme Court if the Minister considers the compensation awarded will amount to more than Five hundred pounds, but shall be made to a County, District, or Local Court if the Minister considers the compensation awarded will not amount to more than Five hundred pounds. (3.) A County, District, or Local Court hearing any application under this section shall be constituted or presided over by a Judge, or a Police, Stipendiary, or Special Magistrate. (4.) The Court shall, after such notice to such persons as it directs, hear the apphcation and determine the amount of compensation payable. (5.) The determination of the Court shall be final and conclusive and without appeal, and shall be binding on all persons having any right to compensation in respect of the acquisition of the land, whether represented before the Court on the hearing of the application or not. Division 5. — Payment of Compensation. 40. Compensation shall bear interest at the rate of three per centum interest on per annum from the date of the acquisition of the land, or the time cf.°No"i3 i9oi when the right to compensation arose, until payment thereof is made *• 20 '2). to the claimant or until the amount thereof has been deposited in the Treasury. Provided that, where the compensation awarded in an action for compensation, or determined in a judicial proceeding, is not more than the amount offered by the Minister in satisfaction of the claim for compensation, the compensation shall only bear interest to the date when the offer of the Minister is communicated to the claimant. 41. The compensation payable to a State in respect of any land Payment of acquired under this Act may, at the option of the Governor-General, to Tstate. '*'" be paid in any of the following modes, that is to say — (a) by payment to the State of the amoimt of the compensation ; or (b) by the Commonwealth becoming responsible to the State for its hability for principal and interest in respect of such a part of the pubhc debt of the State as is the actuarial equivalent of a three and one-half per cent, loan of the same currency and of the amount of the compensation. Of. ib. s. 46. 802 LANDS ACQUISITION- Payment of compensation to claimant. No. 13 1901 8. 20 (1). Deposit of compensation in the Treasury. lb. 3. 23. Investment of compensation deposited in Treasury. Of. No. 13 1901 24 C^). Payment out of compensation. Cf. b. 3. 24. Order tha claimant is entitled to compensation deposited in Treasury. Cf. ib.s. 25. 42. Any claimant or person entitled to any compensation shall, upon application to the Minister and upon making out to the satis- faction of the Attorney-General a title to the land in respect of which the compensation is payable, and upon executing such conveyances or assurances as the Attorney-General directs, be entitled to receive payment of the compensation. 43. — (1.) If at the expiration of three months after the determina- tion of the amount of compensation — (a) no application has been made for payment of the compen- sation ; or (6) an application has been made for payment of the compen- sation, but the applicant has, by reason of some default or delay on his part or by reason of failure on his part to make title, not received payment of the compensation, the Minister may deposit the amount of compensation in the Treasury. (2.) At the time of the depositing of the amount of compensation, the Minister shall also deposit in the Treasury a statement of the material facts relating to the matter. 44. The Treasurer may, if he thinks fit, and at the risk of the person entitled, invest the compensation deposited with him in the purchase of Government securities of the Commonwealth or of a State, and any interest received in respect thereof, less a fair charge to reimburse the Commonwealth for the costs of investment and manage- ment, shall be deemed to be part of the compensation. 45. — (1.) Any compensation deposited in the Treasury may be paid to any claimant — (a) upon the direction of the Attorney-General ; or (6) upon an order of the High Court or the Supreme Court, and upon the certificate of the Attorney- General that the claimant has complied with this Act to his satisfaction. (2.) No direction shall be given by the Attorney-General under this section until the claimant has produced to him evidence of title and has executed conveyances of his title or interest to the Common- wealth to the satisfaction of the Attorney-General. (3.) No certificate under this section shall be given by the Attorney- General until the claimant has executed conveyances of his title or interest to the Commonwealth to the satisfaction of the Attorney- General. (4.) In this section " compensation deposited in the Treasury " means compensation so deposited or the securities in which it has been invested or the proceeds of those securities together with any interest thereon which is deemed part of the compensation. 46. The High Court or the Supreme Court may, upon the appli- cation of any person claiming to be entitled to any compensation deposited in the Treasury and on proof of his title to its satisfaction, make an order that the person claiming is entitled to the compensa- tion, and may make such other order in the premises as it thinks fit. Lands Acquisition Act lUOG. 803 47, All payments and deposits made on behalf of the Common- Payments wealth by virtue of this Act shall be good and valid discharges to the d^scha^r^T*' Commonwealth, which shall not be bound to see to the application of ^^- i3 i9oi any money so paid or deposited, or to see to the performance of any trusts. Part V. — Mortgages, Encumbrances, and Leases. Division 1. — Mortgages. 48. — (1.) If any land acquired under this Act by agreement is Power to subject to a mortgage, the Minister may pay off the mortgage. mortg°ages. (2.) In order thereto the Minister shall give notice to the mortgagee ^^- ^ ^^• that he intends at or before the expiration of six months from the date of the notice to pay off the mortgage and to pay to the mort- gagee the amount to which he is entitled under this section. (3.) The amount to which a mortgagee is entitled under ithis section shall be — {a) the principal secured by the mortgage ; and (6) the interest due at the date of the notice and six months additional interest ; and (c) the costs and charges (if any) due to the mortgagee under the mortgage ; and {d) the mortgagee's costs of discharging the mortgage and con- veying his interest in the land to the Commonwealth ; and (e) in case the mortgage is paid off prematurely , a sum to meet the costs of reinvestment of the principal ; and (/) in case the mortgage is paid off prematurely and the rate of interest secured by the mortgage is higher than the interest which can reasonably be expected to be obtained on the reinvestment, regard being had to the then current rate of interest, a sum to meet the loss sustained by the mort- gagee by reason of the premature repayment of the principal. (4.) The mortgagee shall thereupon, and upon payment or tender to him, within the time specified in the notice, of the amount to which he is entitled under this section, execute a discharge of the mortgage and any conveyance necessary to convey his interest in the land to the Commonwealth. (5.) If a mortgagee fails to execute a discharge of the mort- Execution of A 4- X,- • ? 4- • ^-U 1 J deed poll gage and any conveyance necessary to convey his interest in the land where to the Commonwealth as required by this section, the Minister may £"11^10"''^ assess the amount to which the mortgagee is entitled, and may deposit """^'^J"- the amount in the Treasury with a statement of the facts relating to the deposit. (6.) After the deposit has been made, the Attorney- General may, for and on behalf of the Commonwealth, execute a Deed Poll contain- ing a description of the land in respect of which and describing the circumstances under which the deposit was made, and the names of parties concerned, and may cause the Deed Poll to be registered. 804 IAM)8 ACM^UISITION- lliglits of mortgiisee on acquisition of land. Determination of amount of compensation. Compensation to a mortgagee. Mortgagee to tiave a charge on compen- sation.. (7.) Upon the registration of the Deed Poll the land mentioned therein shall be freed and discharged from the mortgage, and all interest of the mortgagee in the land shall vest in the Commonwealth. 49. Where any land acquired by compulsory process is at the time of acquisition subject to a mortgage, the mortgagee may — (a) join with the mortgagor in making a claim for compensation ; or (b) make an independent claim for compensation ; or (c) by notice to the Minister, waive his rights to compensation. 50. Where any land acquired by compulsory process is at the time of acquisition subject to a mortgage, the amount of compensa- tion shall be determined by agreement between the Minister and the mortgagor and the mortgagee. In default of agreement the claims for compensation shall be determined in the same manner as disputed claims for compensation. 51. The compensation to a mortgagee shall be estimated in accord- ance with the following principles : — (a) the mortgage shall be taken to be discharged as from the date of the acquisition of the land, to the extent to which the compensation payable in respect of the land is sufficient to satisfy the mortgage : (h) the mortgagee shall be entitled to interest at the rate secured by the mortgage for six months after the date of the acquisition of the land on so much of the principal as the compensation payable in respect of the land would, after payment of back interest and charges, be sufficient to satisfy : (c) the mortgagee shall also be entitled to the costs of discharging the mortgage and of convoying hifc/ interest in the land to the Commonwealth: {d) the mortgagee shall also be entitled, if the principal was not repayable (with or without notice) at the date of the acquisition of the land, to the costs of reinvesting any principal paid off. and, should a loss of interest reasonably be expected, regard being had to the rate of interest secured by the mortgage and the rate of interest likely to be obtained on the reinvestment, to compensation for loss of interest. 52. — (1.) The compensation in respect of the land shall be charged with the mortgage unless the mortgagee has waived his rights to compensation. (2.) Upon payment or tender of the compensation or any part of it to the mortgagee, he shall execute a discharge of the mortgage to the extent to which the amount paid or tendered is sufficient to satisfy it. (3.) The rights and remedies of the mortgagee shall not be affected as regards the remainder, if any, of the mortgage debt, or as regards any other land subject to the mortgage. taken, lb. 8. 40. Lands Acquisition Act 1900. 805 53. Where the mortgagee has waived his rights to compensation, Rigiita of the acquisition of the land acquired shall not affect the mortgage as Xfcfed^ln """^ regards any other land subject thereto, or as regards his rights and <^ertam cases. remedies against the mortgagor. Division 2. — Encumbrances. 54. If a part only of any land subject to any encumbrance is Apportionment acquired under this Act, the apportionment of the encumbrance wher^part of may be settled by agreement between the party entitled to the encum- takem"'^ brance, the owner of the land subject to the encumbrance, and the cf. No. is i9oi Commonwealth, or in default of agreement by the High Court or the Supreme Court, on the apphcation of the Minister. 55. — ( 1.) If any land acquired under this Act, whether by agreement Encumbrance 1 1 • tj.1 •x'j. ••j- to continue as or by compulsory process, was, immediately prior to its acquisition, to land not subject to any encumbrance jointly with any other land, and the land so acquired is released by virtue of this Act or any release or instrument from the encumbrance, then, subject to any agreement between the parties, the other land shall continue to be subject to the whole of the encum.b ranee or part thereof as the case requires, and the party entitled to the encumbrance shall have the same rights and remedies in respect of the land continuing subject to the encumbrance or part thereof as he previously had in respect of the whole of the land. (2.) If any encumbrance is released in pursuance of this Act, the Attorney-General shall, upon the deed or instrument creating or transferring the encumbrance being tendered to him for the purpose, sign a memorandum indorsed on the deed or instrument specifying the part of the land originally subject to the encumbrance which has been acquired under this Act, and — (a) how much, if any, of the encumbrance has been released and how much continues payable ; or (6) that the remaining land is thenceforward to remain exclusively charged with the whole of the encumbrance. (3.) The memorandum shall be made and executed at the expense of the Commonwealth, and shall be prima facie evidence of the facts stated therein. Division 3. — Leases. 56. — (1.) If a part of any land comprised in a lease for a term of Apportionment years unexpired is acquired under this Act, the rent payable in respect parTof Teased of the land comprised in the lease shall be apportioned between the c/"|b'l''4'r'^ part so acquired and the part not acquired. (2.) The apportionment shall be settled by agreement between the lessor, the lessee, and the Minister, or by the High Court or the Supreme Court. 806 LANDS ACQUisrrrox- (3.) After the apportionment has been settled — (a) the lessee shall as to all future accruing rent be liable only to the rent apportioned in respect of the part not acquired ; and (6) the lessor shall, as against the part not acquired, and as against the lessee, have the same rights and remedies for tlii3 rent so apportioned as he had, previously to the apportionment, for the whole rent ; and (c) all covenants, conditions, and agreements in the lease (except as to the amount of rent) shall remain in force with regard to the part not acquired. Incorporation of Coiumon- wealth. No. 13 1!)01 8. 50. Convejances and leases executed before coMmencement of Act. lb. s. 60 (2). Warrant to enforce possession of land. lb. s. 52. Part VI. — Miscellaneous. 57. — (1.) For the purposes of this Act the Commonwealth shall be a corporation by the name of " The Commonwealth of Australia," with power to acquire and hold land. (2.) All instruments, receipts, and other documents in relation to land to which the Commonwealth is a party may be executed by the Attorney- General for and on behalf of the Commonwealth. (3.) Notice shall be taken of the signature of the Attorney-General to any instrument, executed by him for and on behalf of the Commonwealth, if the signature purports to be attested by the Secretary to the Attorney-General's Department, or by the Crown Solicitor of the Commonwealth, or by an officer acting for the Secretary to the Attorney-General's Department, and the Registrar-General, or Registrar of Titles, or other proper officer, of the State, or part of the Commonwealth in which the land referred to in the instrument is situate, may register any instrument so signed and attested without further proof of the- Attorney-General's signature thereto or of the signature of the witness. 58. Where before the commencement of this Act, the Attorney- General has, for or on behalf of the Commonwealth, executed a conveyance or lease of any land vested in the Commonwealth, the conveyance or lease shall be as valid and effectual for all purposes whatever as if it had been executed after the commencement of this Act. 59. If— {a) any person in possession of any land acquired by the Com- monwealth under this Act refuses to give up possession of the land, or hinders the Minister or any person authorized by the Minister from taking possession of the land ; or (b) any person in occupation of any land refuses to permit the Minister or any person authorized by the Minister to enter upon the land, a Justice of the High Court may, on the application of the Attorney- General, grant a warrant authorizing the Marshal to deliver the possession of the land or to enforce the entry on the land. Tjands Acquisition Act 1906. 807 60. All persons claiming any purchase money or compensation claimants to shall, at their own expense, when required, produce to the Attorney- No''iri9oi' General all deeds and documents relating to or evidencing their title ^•'^^ to the land in respect of which such purchase money or compensation is payable, and particulars of any damage claimed by them. 61. — (1.) In the case of all land acquired under this Act, the costs of Commonwealth shall bear all costs, charges, and expenses — conveyances, (a) of all conveyances and assurances of the land and of any ^f- ib. ss. 57, 58. outstanding interests therein ; and (6) of making out and furnishing such abstracts and attested copies as the Attorney-General requires. (2.) If the Attorney-General and the party entitled do not agree to the amount of the costs, they shall be taxed by the Registrar or other proper officer of the High Court or of the Supreme Court upon the application of either party. (3.) The expense of taxing the costs shall be borne by the Common- wealth, unless on the taxation one-sixth part of the costs or more is disallowed, in which case the expense shall be borne by the party whose costs are taxed, and be deducted from the amount of his costs against the Commonwealth. (4.) The Commonwealth shall forthwith pay to the party entitled the amount which the Registrar or other officer certifies to be due in respect of the costs. 62. — (1.) The Governor-General may authorize the grant of a lease Mining leases or hcence to any person to mine for any metals or minerals on any ^^^ I'cences. land the property of the Commonwealth. (2.) Subject to the regulations, the laws of the State in which the land is situate relating to mining shall, so far as appUcable, apply to leases and licences under this section and to mining carried on by virtue thereof. (3.) The Governor-General may enter into any arrangement with the Governor in Council of any State for carrying this section into effect by State officers. 63. — (1.) If any land acquired or deemed to have been acquired power to under this Act, or under any Act repealed by this Act, is not gip^erfluoL required for anv public purpose — '*'*'^ ' . Cf lb. s. 51. (a) the Governor-General may authorize the disposal of it as he thinks fit ; or (J)) where the estimated annual value of the land does not exceed Fifty pounds, the Minister may authorize the leasing of the land for such period not exceeding three years and on such terms and conditions as he thinks lit, and the land may be disposed of accordingly. (2.) A return of all land disposed of under this section, showing the manner of its disposal, shall be laid before both Houses of the Parha- ment within thirty days after the disposal if the Parliament is then sitting, and if not then within thirty days after the next meeting of the Parhament. 808 Laud acquired before comiuencenieut of Act. No. 13. 1901 S8. 47, 00 (1). Service by po3t. Power to dedicate landa lb. 8. 62. Regulations. lb. s. 63. LANDS ACQUISITION. 64. Any land which, before the commencement of this Act, has been acquired by the Commonwealth from any State or person, or has by virtue of section eighty-five of the Constitution become vested in the Commonwealth, shall for the purposes of this Act be deemed to have been acquired under this Act, and to be vested in the Commonwealth as if acquired under this Act. 65. Any notice, claim, or document required by this Act to be served on the Minister or on any person may be served by post. 66. The Governor-General may, by proclamation, set apart for or dedicate to any pubUc purpose any land which is vested in the Com- monwealth, or in any officer or person on behalf of the Common- wealth ; and may, by proclamation, revoke, cancel, or alter the setting apart or dedication. 67. The Governor-lieneral may make regulations, not inconsistent with this Act, prescribing all matters and things which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for giving efTect to or carrying out this Act. Legal Peocedure. See EVIDENCE: JUDICIARY: JURY STATES — State Laws and Records Recognition Act 1901. Life Assurance. See INSURANCE. Lighthouses. See SHIPPING — Lighthouses Act 1911. Commonwealth Inscribed Stock Act 1911. 809 LOAN. [See also Audit — AiKHt Act lUUl-lOOO, ss. 5r>-50 ; Banking- Commonwealth Bank Act 1911, ss 53-58.] Page Commonwealth Inscribed Stock Act 1911 ... 8U9 Loan Act 1911 ... ... ... ... sie Commonwealth Inscribed Stock Act 1911.(«) No. 20 of 191L An Act to provide for CommonAvealth Government Inscribed Stock and for other purposes in connexion therewith. [Assented to 22nd December, lOlL] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — Part I. — Preliminary. 1 . This Act may be cited as the Commonwealth Inscribed Stock short uue. Act 1911. 2. This Act is divided into Parts as follows : — Parts. Part I. — Preliminary. Part II. — Creation and Issue of Stock. Part III. — Inscription of Stock. Division 1. — Registries and Registrars. Division 2. — Inscription of Stock. Division 3. — Transfers and Transmissions. Division 4. — Stock Certificates to Bearer. Division 5. — Legal Provisions. Part IV.— The Stock Redemption Fund. Part V. — Penal Provisions. Part VI. — Miscellaneous. 3. In this Act, unless the contrary intention appears — Definitions. " Registrar " means the Registrar of Stock, or a Deputy Registrar of Stock ; '' Registry " means a Registry for the inscription of stock ; " Stock " means Commonwealth Government Inscribed Stock and a reference to stock includes a reference to stock included in a stock certificate to bearer. (a) This Act has since been amended by the Commonwealth Inscribed Stock Act 1912 (No. 40 of 1912), which will be found in No. XI. of the Sessional Volumes of Commonwealth Acts, page 129. 810 LOAX- Power to create stock. Part II. — Creation and Issue of Stock. 4. The Goveruor-Geiiei'ul nuiy by order create capital stock called (yommonwealtli Government Inscribed Stock for — (a) i-aisiii^" by way of loan any money anthority to l)orrow which is granted by any Act ; and (6) ])ayiii,<2," any expenses of carrying this Act into eflfect which the Governor-General considers are properly payable ont of capital. 5. Stock shall bear interest at a rate to be fixed by the order creating the stock bnt not exceeding Three pounds ten shillings per centnm per annum, and the interest shall be payable half-yearly on days to be fixed by the order creating the stock. 6. The ]irincipal money secured by any stock and the interest thereon shall rank ecpially and without ])riority or preference, and shall be a charge on jind payable out of the Consolidated Keveuue Fund which is herel)y ajjprojiriated for the pur[)ose. 7. Stock may be issued and sold in such amounts and manner and at such prices and on such terms and conditions as the Governor-General directs. 8. Stock shall be redeemable at par after a date to be fixed in the order creating the stock, or may be made interminable, reserving to the Treasurer the right after a date fixed by the Governor-General in the order creating the stock to redeem the stock at par upon such notice given in such time and manner as is prescribed. Redemption of 9. Stock redeemable after a date fixed in the order creating the aWe^ra^flxed stoclv may bc redeemed by the Treasurer upon such notice and in <^^*®- such manner as he directs. Interest. Stock and interest a charge on revenue. Terms and conditions of issue. Time for redemp- tion. Redemption of interminable stock. When interest to cease. Moneys raised to be placed to credit of Loan Fund. Stock personal propert}'. Establishment of registries and appointment of Rearistrars. 10. Stock made interminable may be redeemed by the Treasurer at any time after the expiration of the prescribed notice in such order and manner as he directs, or as is prescribed. 11. After the expiration of the notice for the redemption of any stock the interest on the stock specified in the notice shall cease. 12. All moneys raised by the sale of stock shall be placed to the credit of the Loan Fund. 13. Stock shall be personal property. Part HI. — Inscription of Stock. Division 1. — Registries and Registrars. 14. The Governor-General may — {a) establish Registries for the inscription of stock within the Commonwealth ; {f}) establish a Registry for the inscription of stock at London in the United Kingdom ; {c) appoint such Registrars of Stock and Deputy Registrars of Stock as he thinks necessary. Commonwealth Inscribed Stock Act 1911, 811 Division 2. — Inscription of Stock. 15. All stock issued shall be iuscribed in a Stock Ledger at a Registry by entering therein tlie name of tlie owner of the stock and the amount thereof, and such other particuhirs as are prescribed. 16. No stock shall be inscribed in the names of more than four persons. 17. The Registrar shall upon demand of the owner of any stock issue to him a certificate of the proprietorshij) of the stock, and such certificate shall be prima facie evidence of tlie title of the holder to the stock therein specified ; but the want of snch certificate shall not prevent the owner of any stoc^k from disposing of it. 18. The person whose name is inscribed in the Stock Ledger as the owner of any stock sliall be deemed to be the owner of the stock, and shall have power to dispose of and transfer the stock subject to and in manner provided by this Act, and to give effectual receipts for any money paid to him by way of consideration. 19. No notice of any trust express implied or constructive shall be received by the Registrar, or the Government of the Common- wealth, or entered in any Stock Ledger or other book kept by the Registrar. 20. Without prejudice to the provisions of this Act relating to the disposal and transfer of stock and notice of trusts, it is the intention of this Act that equitable interests may be enforced against the owners of stock in the same manner as in respect of any other personal property. 21. Stock may be inscribed in the name of an infant jointly with one or more adult persons, but shall not, without the order of a Justice of the High Court or a Judge of the Supreme Court of a State or Territory, be transferred until the coming of age or decease of the infant. stock to 1)6 inscribed. Limit of number of names. Stock certificates. Owner of stock. Notice of trusts not received. Equitable interests preserved. Stock in joint names of infant and an adult. 22. Any one of the persons in whose names any stock inscribed may give valid receipts for interest. IS Heceipts for interest. Division 3. — Transfers and Transmissions. 23. Stock may in the manner prescribed be transferred from one Transfer to Registry to another Registry. another register. 24. Stock may be transferred from one person to another by Transfer by deed in the prescribed form. ''^^'^• 25. Every deed of transfer shall be executed by all jiarties, and Execution of the signatures to it shall be attested in the prescribed manner. 26. Every deed of transfer when executed shall be delivered to Registration the Registrar at the registry at which the stock specified in it is *''"*"*^®'"- inscribed, and the Registrar shall register it by entering a memorial of it in the Stock Ledger, and shall inscribe the name of the transferee in the Stock Led^-er as the owner of the stock. 812 LOAN— Closinjr of ri'tiister. Traiismifsion iV]>i)licatioii. Verification of transmission. Registration of transmission. Stock certificate to be delivered up. Minimum amount transferable. 27. No transfer of stock shall be registered within fourteen days next before either of tlie days on whicdi interest is payable. 28. Any ])erson to whom any stock is transmitted may apply in the prescribed form to the Registrar at the registry where the stock is inscribed to be inscribed as the owner of the stock. 29. Every transmission application shall be verified by statutory declaration or in such other manner as the Treasurer allows, and (a) in tlie ease of a transmission consequent (jn dejitli, the ])robate of the will or letters of administration shall be produt;ed to the Registrar ; and {b) in the case of a transmission consequent on bankruptcy or insolvency, an office copy of the adjudication or order of sequestration shall be delivered to the Registrar. 30. The Registrar shall, if he is satisfied that the provisions of this Act have been complied with, register the transmission by entering a memorial of it in the Stock Ledger and inscribe the name of the person to whom the stock has been transmitted in the Stock Ledger as the owner of the stock. 31. Before registering any transfer or transmission, the Regis- trar may require the stock certificate relating to the stock to be delivered up to be cancelled. 32. No transfer of any stock to a smaller amount than Fifty pounds, or to any amount containing any fractional part of a pound, shall be made without the permission of the Treasurer. Application. Registrar may grant certificate. Interest coupons. Effect of certificate. stock not to be dealt \\ith throufjh register. New certificates. Division 4. — Stock Certificates to Bearer. 33. The owner of any stock may by application in the prescribed form apply to the Registrar for a stock certificate to bearer in respect of any stock standing in his name. 34. The Registrar may, on the stock certificate relating to the stock specified in the application being delivered up to him, grant to the api^licant a stock certificate to bearer. 35. Coupons shall be attached to every stock certificate to bearer and shall entitle the bearer or a person named in the coupon to the interest on the stock for a limited period. 36. Stock certificates to bearer shall entitle the bearer to the stock therein described, and shall be transferable by delivery. 37. Stock in respect of which any stock certificate to bearer has been issued shall, so long as the certificate remains outstanding, cease to be dealt with through the medium of the Stock Ledger. 38. On the expiration of the period for which the coupons attached to a stock certificate to bearer have been issued, the certifi- cate may be exchanged for another stock certificate to bearer with coupons for a further jjeriod attached. Commonwealth Inscribed Stock Act 1911. 813 39. On delivery to the Registrar of a stock certificitte to Keinscription. bearer and of all unpaid coni)ons belonging- thereto, the Registrar shall, if so requested by the hearer of the stock, cancel the stock certificate to bearer and the unpaid couj)ons belonging thereto and issue to the bearer in lieu thereof a certificate of proprietorship of the stock. Effect of inserting name in certificate. Trustees not to hold stock certificates to bearer. ^ 40. If the bearer of a stock certificate to bearer inserts in it the name address and occupation of some person, the certificate shall cease to be transferable, and the person so named, or some person deriving title from him by devolution in law, shall alone be entitled to the stock described in the certificate, and shall be entitled to have his name inscribed in the Stock Ledger as the owner of the stock upon delivering the certificate to the Registrar. 41. No trustee shall apply for or hold a stock certificate to bearer unless authorized to do so by the terms of the trust, but the Registrar shall not be obliged to inquire whether tlie applicant for a stock certificate to bearer is a trustee or not, and shall not be subject to any liability by reason of his issuing a stock certificate to bearer to a trustee, and no stock certificate to bearer so issued shall be deemed to be invalid on the ground that it has been issued to a trustee. 42. If any stock certificate to bearer is lost, mislaid, or destroyed, Lost, mislaid, or the Registrar may issue a fresh stock certificate to bearer in place drtSies. of it upon such terms as to indemnity and payment of expenses as he thinks proper. Division 5. — Legal Provisions. 43. The Registrar, upon being served with any order relating to orders to be stock or having the effect of vesting stock in any person made by the effect.*^ '"'^^ High Court or a Justice thereof, or the Supreme Court of a State or a Judge thereof, or the Supreme Court of a Territory or a Judge thereof, shall make any entries in the Stock Ledger necessary to be made for the purpose of carrying the order into effect. 44. A cojiy of, or extract from, any entry in any Stock Ledger copies of books and a copy of^ any document relating to stock in the custody of a *'=-«'*''«"<^^- Registrar, shall be admissible in evidence in all courts within the Commonwealth — (a) if it is proved to be an examined copy or extract ; or (6) if it purports to be signed and certified as a true copy or extract by the Registrar. Part IV. — The Stock Redemption Fund. 45. The Treasurer shall on the last day of March and on stock the last day of September in each year pay out of the Consolidated p^nd?'' '"" Revenue Fund, which is hereby appropriated for the purpose, into the Trust Fund, under the head of the Stock Redemption Fund, such sum as is fixed by any order directing the sale of any stock, being not less than Ten shillings per centum on such stock. 814 LOAN- Application of Stock Redemption Fund. Investment of Stock Redemption Fund. Forging or uttering stock certificates &c. False personation. 46. — (1.) The Treasurer sluiU ii})ply tlie Stock lie(leni])tiou Fund iu re})urchusiuy upon any investments security of' the Government of the Commonwealth or of a State '" *^°-''- may invest such money in stock. 53. All ledgers and transfer books shall be examined once a Auditor-General month by the Auditor-General or his Deputy. kd™'"'' 54. — (1.) Each Registrar shall keep lists of persons upon whose Lis ofunciaimed stock interest is unclaimed for ten years, together with their registered addresses and descriptions. (2.) Such lists shall be open for inspection upon payment of the prescribed fee. 55. — (1.) Each Registrar shall keep the prescribed forms. Fonns. (2.) No forms other than the prescribed forms shall be used except with the approval of the Treasurer. 56. — (1.) Any person may, by power of attorney under his hand Powers of and seal and attested, appoint some person to be his attorney for any '^ °' "''•'■ purpose in relation to stock. (2.) Every power of attorney in relation to stock shall be deposited at the Registry where the stock to which it relates is inscribed. (3.) A power of attorney shall be valid and effectual for all the purposes therein mentioned until notice of its revocation, or of the bankruptcy, insolvency, lunacy, unsoundness of mind, or death of the principal, has been received by the Registrar at the Registry where the power of attorney is deposited. 57. The Treasurer shall as soon as practicable in each financial statement to be year lay before both Houses of the Parliament a full statement parUamlnt.*' certified by the Auditor-General of the following dealings and transactions under this Act during the vear ending on the thirtieth 816 LOAN— Rejjulations day of -June then last, namely : the total anionnt of stock issued, the net proceeds thereof, tlie jjurposi's to wliich sncli ]iro(;eeds liave l)een applied, the unexpended luiliuu'c of such pnxieeds, tlie amount ])aid into the iStock Uedenii)ti()n Fund, the amount of stock rejjurchiised, purchased, or I'edeenuHl, and the i)rice paid therefor, the commission, costs, and expenses ])aid in rehxtion to the rejjurchase, ])urchase, or redemption of stoc^k, the balance standinf;^ to the credit of the Stock Redemption Fund, and how it is invested, and such other i)articular8 as are prescribed. 58. The Governor-General may make regulations, not incon- sistent with this Act, prescribing the fees payable under this Act and all matters and forms required or necessary or convenient to be prescribed for (;arrying out or for giving effect to this Act or for the conduct of any ])usiness at or in connexion with any Registry; Loan Act 191 T. Short title. Treasurer r borrow £2,400,476 No. 24 of 1911. An Act to authorize the raising* and expending of the sum of Two million four hundred and sixty thousand four hundred and seventy-six pounds for construction of a Railway from Kalgoorlie to Port Augusta, for the acquisition of land in the Federal Capital Territory, for the purchase of land and erection of buildings in London, for the redemption of loans raised by the Grovernment of South Australia in connexion with the Northern Territory which are redeem- able by the Commonwealth and to pay to the State of South Australia amount expended from Revenue towards construction of Railway from Port Augusta to Oodnadatta. [Assented to 22nd December, 1911.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may be cited as the Loa7i Act 1911. 3. The Treasurer may from time to time under the provisions of the Commojitvealth Inscrihed Stock Act 1911 borrow moneys not exceeding in the whole the amount of Two million four hundred and sixty thousand four hundred and seventy-six pounds. Loan Action. 817 3. The amount borrowed shall be issued and applied only for the Purposes for expenses of borrowing and for the purposes set fortli in the Schedule may b™""*'"^ to this Acr. expended. SCHEDULE. No. 1. For the construction of a Railway from Kalgoorlie to Port Augusta ... ... ... ... ... ...£1,000,000 2. For the acqui.sition of land in the Federal Capital Territory ... 600,000 3. For the purchase of land and erection of buildings in London ... 600,000 4. To redeem Treasury Bills issued by the (Tovernment of South Australia on account of the Northern Territory ... ... 226,000 5. To pay to the State of South Australia amount expended from Revenue towards construction of Railway from Port Augusta to Oodnadatta ... ... ... ... ... ... 34,476 £2,460,476 Master and Servant. See SHIPPING — Seamen's Compensation Act 1911. 818 METEOROLOGY- METEOROLOGY. Meteorology Act 1006. No. 3 of 1906. Short title. Establishment of observatories and appoint- ment of Meteorologist. Duties of Meteorologist An Act relating to Meteorological Observations. [ Assented to 28tli August, 1906.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may be cited as the Meteorology Act 1906. 2. In this Act, unless the contrary intention appears — " Observatory " means an observatory for the purpose of meteorological observations. 3. The Governor-General may — (a) establish observatories ; and (6) appoint an officer called the Commonwealth Meteorologist, and such other officers as may be necessary for the pur- poses of this Act. 4. The Commonwealth Meteorologist may, subject to the regu- lations and to the directions of the Minister, be charged with any of the following duties : — (a) the taking and recording of meteorological observations ; (6) the forecasting of weather ; (c) the issue of storm- warnings ; {d) the display of weather and flood signals ; (e) the display of frost and cold-wave signals ; { /) the distribution of meteorological information ; and (y) such other duties as are prescribed to give effect to the pro- visions of this Act. Meteorology Act Vd^)^. 819 5. The Governor-General may enter into an arrangement with the Arrangements Governor of any State in respect of all or any of the following Governments, matters : — (a) The transfer to the Commonwealth, on such terms as are agreed upon, of any observatory and the instruments, books, registers, records, and documents used or kept in connexion therewith ; (6) The taking and recording of meteorological observations by State officers ; (c) The interchange of meteorological information between the Commonwealth and State authorities ; and {d) Any matters incidental to any of the matters above specified or desirable or convenient to be arranged or provided for for the purpose of efficiently and economically ' carrying out this Act. 6. The Governor-General may enter into any arrangement with Arran-,'emeiit.s the Governments of other countries or any of them for the inter- (;overnments change of meteorological information and any matter i thereto between such Governments and the Commomvealth. 7. The Governor-General may make regulations prescribing all Regulations. matters necessary or desirable to be prescribed for carrying out or giving effect to this Act. Military Defence. See DEFENCE. Naturalization. See ALIENS. Naval Defence. See DEFENCE. Navigation. See SHIPPING. New Guinea. See TERRITORIES— Pa/jwa Act 1905. Northern Territory. See TERRITORIES. 820 OATHS, AFFIRMATIONS, AND DECLARATIONS- OATHS, AFFIRMATIONS, AND DECLARATIONS. Statutory Declarations Act 1011, No. 3 of 1911. Short title. Definitions. Authority to make and use .statutory declarations. Keferences to statutory declarations. An Act relating to Statutory Declarations. [Assented to 14th October, 1911.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may be cited as the Statatonj Declarations Act 1911. 2. In this Act, unless the contrary intention ajjpears — " Comnaissioner for Affidavits" means a person authorized under the law of the Commonwealth or of a State to take affidavits : " Commissioner for Declarations " means a person appointed under this Act or under a State Act to be a Commissioner for Declarations : " Statutory regulation " means a regulation made in pursuance of any Act or Ordinance. 3.— (1.) Any person may, if he so desires, make a statutory declaration in relation to any matter. (2.) Subject to sub-section (3) of this section, a statutory declaration may, unless the contrary intention appears in the Act, Ordinance, or statutory regulation, be used for any purpose or in connexion with any matter arising under any Act, Ordinance, or statutory regulation, or in connexion with the administration of any Commonwealth Department. (3.) Sub-section (2) of this section shall not be taken to authorize a statutory declaration to be used as evidence in judicial proceedings, but nothing in this section shall be construed to prevent any statutory declaration from being so used. 4. Where in any Act, Ordinance, or statutory regulation (whether passed or made before or after the commencement of this Act) a reference is made to a statutory declaration, the reference shall, unless the contrary intention appears in the Act, Ordinance, or regulation, include a reference to a statutory declaration made by virtue of this Act. Statutory Declarations Act 1911. 821 5. A statutory decrlar.itiou may he in uccordance with the form Form of in the Schedule, and may he made before — dedaratlon. («) a Police, Stipendiary, or Special Mag-istrate, or a Justice of the Pea(te, or {U) a Commissioner for Affidavits, or (] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Austraha, as follows : — Part I. — Introductory. 1. This Act may be cited as the Invalid and Old-age Pensions Act 1908.(«) 2. This Act shall commence on the first day of July One thousand nine hundred and nine or on such earlier day as is fixed by Proclama- 3. This Act is divided into Parts, as follows : — Part I. — Introductory. Part II. — Administration. Part III. — Old-age Pensions. Part IV. — Invahd Pensions. Part V. — Invahd and Old-age Pensions. Division 1. — Rate of Pensions, Division 2. — Pension Claims. Division 3. — Payment of Pensions. Part VI.— Offences. Part VII. — Miscellaneous. 4. — (1.) In this Act, unless the contrary intention appears — " Benevolent Asylum " means any benevolent asylum which is wholly or partly maintained by contributions from the Consolidated Revenue Fund of the Commonwealth or the ConsoUdated Revenue of a State, and which is proclaimed by the Governor-General to be a benevolent asylum for the purposes of this Act. (a) The Invalid and Old-age Pensions Act 1908-1909 comprises the Invalid and Old-age Pensions Act 1908 (No. 17 of 1908), as amended by the Invalid and Old-age Pensions Act 1909 (No. 3 of 1909), and by the Invalid and Old-age Pensions Act 1909, No. 2 (No. 21 of 1909). See Act No. 21, 1909, s. 1. This Act has since been amended by the Invalid and Old-age Pensions Act 1912 (No. 27 of 1912), which will be found in No. XI. of the Sessional Volumes of Commonwealth Acts, page 80. (6) This is the date of assent to the Invalid and Old-age Pensions Act 1908. The Invalid and Old- age Pensions Act 1909 was assented to on 13th August, 1909, and the Invalid and Old-age Pensions Act 1909, No. 2, on 13th December, 1909. (c) The Invalid Old-age Pensions Act 1908 was proclaimed to commence on 15th April, 1909. See Oazette, 8th April, 1909, p. 921. By section 1 (4) of the Invalid and Old-age Pensions Act 1909, the Invalid and Old-age Pensions Act 1908-1909 is deemed to have commenced on 15th April, 1909. Invalid (ut(/ Ol(l-' fn'^ Part. day to be fixed by Proclamation.^") 20. Subject to this Act, every person above the age of sixteen conditions on years who is permanently inca])acitated for work, by reason of an pe'Ji'sion may be accident or by reason of his being an invalid, and who is not sfranted. receiving an old-age i)eusion, shall, whilst in Australia, be qualified cf. n.s.w. . ® . ?. 1 ^ . ' ' '1 1907, No. 22. to receive an invalid pension. 21 . — (1.) The following persons shall not be qualified to receive an Persons _TJ • 1 disqualified. mvalid pension, namely : — (a) AUens. (6) Asiatics (except those born in Australia), or aboriginal natives of Australia, Africa, the Islands of the Pacific, or New Zealand. (2.) No woman having married one of the persons disqualified by this section shall, in consequence only of such marriage, be or become disquahfied to receive a pension. 22. No person shall receive an invalid pension unless — Necessary (a) he is residing in Australia on the date when he makes his claim to the pension ; (b) he has on that date resided in Australia continuously (within the meaning of section eighteen) for at least five years ; (K), No. 74, 8. 24 ; Vic. 19C3, No. 1865, 8. ii; Q. 1 908, No. 6, 8. 15. 33. — (1.) The roc'omniendatiori of the Magistrate as to the pension claim shall be indorsed on the claim, which shall thereupon be returned to tiie Registrar, (2.) The Registrar shall forthwith transmit the claim as indorsed, together with the prescribed particulars for identification of the claimant, and such other particulars as are prescribed, to the Deputy Commissioner, who shall, except in such cases or classes of cases as are prescribed, and in which the claim shall be referred for the determination of the Commissioner, determine the application. (3.) The determination of the Commissioner or the Deputy Com- missioner shall, if in favour of the claim, set out the rate of the pension and the date of its commencement (which must not be prior to the date of the claim) ^ and a pension certificate in the prescribed form shall thereupon be issued to the claimant. (4.) If the determination of the Commissioner or Deputy Com- missioner is adverse to the claim, the claimant shall be notified accordingly. (5.) The Registrar shall in the prescribed manner report to the Deputy Commissioner upon every pension claim whose rejection is recommended by the Magistrate. Rehearing of pension claim. Vic. 1901, No. 1751,3. 18; Q. 1908. No. 6, a. 16. 34. At the request of the Commissioner or a Deputy Commissioner a Magistrate may rehear a pension claim previously admitted or rejected, and the Commissioner or a Deputy Commissioner mav, if he thinks fit, amend any certificate so as to accord with the recom- mendation made by the Magistrate after the rehearing. Upon the rehearing the Magistrate shall have the same powers as upon the original hearing. Persons entitled to State pensions. 35. Any person who at the commencement of this Act is the holder of a valid certificate entitling him to an invalid or old-age pension under a ►State Act may, instead of sending in a pension claim, deliver up his State certificate to the Deputy Commissioner, and the Deputy Commissioner may, subject to the Regulations, if he is satisfied that the person is entitled to a pension under this Act, issue a pension certificate to him. Duplicate pension certificate. N.S.W. 1900 No. 74, 8. 26 (b) ■ Vic. 1901, No. 1751, s. 22; Q. 1908, No. 6. ft. 17. Cancellation &c. of pension. Cf. Vic. 1601, No. 1751, 8. 23; Q.1908, No. 6, s. 18. 36. On application, a Deputy Commissioner may direct the issue of a duplicate pension certificate in any case where satisfactory proof is given of the loss or destruction of the original. 37. — (1.) The Minister or the Commissioner or a Deputy Com- missioner may at any time cancel, suspend, or reduce any pension if he considers it expedient so to do, but any decision of a Deputy Commissioner under this section shall be subject to an appeal, in the time and in the manner prescribed, to the Minister, whose decision shall be final and conclusive. Invalid and Old-age Pensions Act 1'J08-1U09. 833 required. Substituted by No. 3, 1909, t. 15. Powers of Magistrates. Inserted by No. 3, 1909, S. 16. (2.) Where any decision cancelling, suspending, or reducing a pension has been given under this section, the Deputy Commissioner shall indorse the pension certificate accordingly. 38. — (1.) Whenever required by the Commissioner or the Deputy Pensioner to aie Commissioner, each pensioner shall send to the Deputy Commissioner incomo when a statement in the prescribed form relating to his income and accumulated property. (2.) If upon investigation the Commissioner or the Deputy Com- missioner is satisfied that the pension should be discontinued, or that the rate of the pension is greater or less than it should be, he may discontinue the pension or reduce or increase the rate of pension accordingly. 38a. — (1.) Every Magistrate may, for the purDoses of any investi- gation or inquiry under this Act — (a) summon witnesses ; (6) receive evidence on oath ; and (c) require the production of documents. (2.) No person who has been summoned to appear as a witness before a Magistrate shall, without lawful excuse, and after tender of reasonable expenses, fail to appear in answer to the summons. Penalty : Twenty pounds. (3.) No person who appears before a Magistrate as a witness shall, without lawful excusCj refuse to be sworn, or to make an affirmation^ or to produce documents, or to answer questions which he is lawfully required to answer. Penalty : Fifty pounds. Division 3. — Payment of Pensions. 39. — (1.) Pensions shall be paid in fortnightly instalments. Payment of (2.) In order to ascertain the amount of an instalment of a pension fnsto'iments. covering a period of a fortnight the annual pension shall be divided by substituted by J.* No. 3.1 9 09 1 twenty-six. l i7. (3.) The instalment of a pension covering a period of less than a fortnight shall be in proportion to the number of days of a fortnight. (4.) Instalments of pensions shall be payable at an office named in the pension certificate or at any place directed by the Deputy Com- missioner. (5.) The office or place of payment may be changed in the manner prescribed. 40. — 1.) Subject to this Act, each instalment shall be applied foi instaimeut to and payable at any time within twenty-one days after its due date wtthm* '^ on the personal application of the pensioner, and the production of dayg*^'""* his pension certificate to the officer in charge at the office named vie. i9oi, ^1 ^. ^ So. 1751, s. 25; therein. q. igos, (2.) In default of strict compUance by the pensioner with the cf°'N.'s!w.°i'9oo. provisions of the last preceding sub-section, the instalment shall be ^"'ggfao. deemed to be forfeited unless the forfeiture is waived as provided in the next following sub-section. 834 OLD-AGE PENSIONS— (3.) A Deputy Commissioner or a Registrar may waive any such forfeiture in any case where after investigation he is satisfied — (a) that, if the forfeiture was occasioned by default of personal application for payment, or of application witliin the prescribed time, the default was due to the pensioner's illness or debility or temporary absence from the locality in which the pension is payable, or other sufficient cause ; or (6) that, if the forfeiture was occasioned by default in producing the pension certificate, the default was due to its being lost or destroyed. (4.) Except in special cases of the pensioner's illness or debility, it shall not be lawful for the Deputy Commissioner or a Registrar to waive the forfeiture of an instalment twice consecutively to the same pensioner ; and in no case shall forfeiture be waived unless waiver is applied for within the prescribed time. Pension absolutely inalienable. Q. 1908, No. 6, 8. 5; Cf. N.S.W.I900, No. 74, s. 43 ; Vic. 1901, No. 1751, 8. 5. Pensions granted subject to any future Act. N.S.W. 1900, No. 74, 8. 62 ; Of. Vic. 1901, No. 1751, s. 36; Q. 1908, No. 6, 8. 31. 41. Subject to this Act, a pension shall be absolutely inalienable whether by way or in consequence of sale, assignment, charge, execu- tion, insolvency, or otherwise howsoever. 42. — (1.) Every pension shall be deemed to be granted and shall be held subject to all the provisions of this Act, and to the provisions of any other Act amending or repealing or in substitution for this Act which may at any time be passed, and no pensioner shall have any claim for compensation or otherwise by reason of his pension being aiiected by the operation of this Act or any such other Act. (2.) A notification of the last preceding sub-section shall be printed on every pension certificate. 1751, s. 26 Q. 1908, No. 6 s. 21. Payment to 43. — (1.) Whenever the Deputy Commissioner is satisfied that, hav- penlions!*"" °* i^g regard to the age, infirmity, or improvidence of a pensioner, or Cf. N.S.W. 1900, any other special circumstances, it is expedient that payment of Vic. i9o\,^No. any instalments of the pension be made to any other person, a warrant to that effect shall be issued by the De]3uty Commis- sioner, and transmitted to the person authorized therein to receive payment. (2.) Subject to the Regulations, and to the directions and hmita- tions, if any, contained in the warrant, the person named therein shall be entitled on its production to receive payment of the pension. (3.) A warrant issued by the Deputy Commissioner under this section may at any time be revoked by the Deputy Commissioner upon notice to the person to whom it was issued, and to the officer in charge of the office at which the pension is payable. Invalid and Old-axje Pensions Act 1008-11JU9. 835 44. Where, in the opinion of a Registrar — Payment of , . . , r 1 • • • 1 pension where («) a pensioner misspends any part oi his pension, or misspends, pensioner wastes, or lessens any part of his estate or of his income g° j^ g ^ or earnings, or injures his health, or endangers or lobo. No. 74, interrupts the peace and happiness of his family, or vie 1901,' No. • • • • . 1751 s 32 (2) * Uj) a claimant or a pensioner is unfit to be intrusted with a q. i9C8, no. eV s. 27 (2). pension, * the Deputy Commissioner may, on the report of the Registrar, make an order directing that until further order the instalments shall be paid to any benevolent or charitable society, minister of religion, justice of the peace, or other person named by the Deputy Com- missioner for the benefit of the pensioner, or suspending the pension certificate pending the decision of the Minister thereon, or directing the forfeiture of so many of the instalments as the Deputy Com- missioner thinks fit. 45. If a pensioner becomes an inmate of an asylum for the insane suspension of jiension while pensioner in asylum, &c. or a hospital, his pension shall, without further or other authority than this Act, be deemed to be suspended, but when the pensioner is , ^ ^ discharged from any such asylum or hospital, payment of his pension no.V4,'s. 31; shall be resumed, and he shall be entitled to payment, in respect of i75i,^r27 f °' the period during which his pension was so suspended, of a sum ^22^*' ^°' *^' representing not more than four weeks' instalments of the pension, if the suspension so long continued. 46. — (1.) If a pensioner departs from Australia, and it is proved Departure of to the satisfaction of the Registrar of the district in which Aultr°aii\a '^°'" he resided immediately prior to his departure, after notice given to prison?"*'""'" the pensioner in the prescribed manner and form, that the pensioner q. loos, No. e, does not intend to return to Australia, the Registrar shall notify the ^' "' "^ ■* Deputy Commissioner accordingly, and upon such notification being received by the Deputy Commissioner, the pension shall, without further or other authority than this Act, be deemed to be forfeited. (2.) Any pensioner, whose pension has been forfeited under the preceding sub-section, may make application in the prescribed form for waiver of the forfeiture, and the Registrar, upon being satisfied that the pensioner has either returned to Australia, or is absent therefrom only temporarily, may notify the Deputy Commissioner to that effect, and thereupon the pension shall become payable to the pensioner as if it had never been forfeited. (3.) For any period during which a pensioner is in prison, his pension shall, without further or other authority than this Act, be deemed to be forfeited, without prejudice, however, to any application for restoration of the pension to the pensioner upon his discharge from prison. 47. If a successful claimant of a pension is an inmate of Benevolent a benevolent asylum or other charitable institution, the pension v^c7^i'no. shall become payable as from a date not more than twenty- i^si^^s^ 28^ ^^ eight days prior to the pensioner being discharged from or leaving 8.23. 836 OLD-AGE PENSIOXS- the asylum or institution, but no payment on account of pension shall be made to him so long as he is an inmate of the asylum or institution. 48. The following provisions shall apply to the payment of rrocediire as to lusuiments of insta'uients of pensions :— pensions . Vic. 1901, No. 1751 , s. 2!J ; Cf. q. lOOS, No. C, 3. -24. (a) The officer in charge of an office at which a pension is payable may, if he thinks fit, require the applicant for payment to prove his identity, but, subject to the Regulations, he may accept the production of the pension certificate as sufficient evidence that the person producing it is the person entitled to payment : (6) When making the payment, the officer shall record on the pension certificate the date and fact of the payment, and shall also require the person receiving the payment to give a receipt therefor in the prescribed form ; and (c) A receipt so given shall be sufficient evidence that the payment to which it purports to relate has been duly made, and no claim against the Commonwealth or the officer shall there- after arise or be made in any court or proceeding what- soever, by the pensioner or any person whomsoever, in respect thereof. Imprisonment for certain breaches of Act. Vic. 1901, No. 1751, s. 30 ; Q. 190S, No. 6, s. 25 ; Cf. N.S.W. 1900, No. 74, s. 37. Additional powers of Court when convicting;. Q 1908, No. 6, s. 26: Cf. N.S.W. 1900, No. 74, s. 3S; Vic. 1901, No. 17.51, s 31 Part VI. — Offences. 49. No person shall — (a) by means of any wilfully false statement or representation, obtain a pension certificate or pension or affect the rate of any pension for which he is a claimant ; or (6) by any unlawful means obtain payment of any forfeited or suspended instalment of pension ; or (c) by means of personation or any fraudulent device whatsoever obtain payment of any instalment of pension ; or (d) by any wilfully false statement or representation aid or abet any person in obtairdng or claiming a pension certificate or pension, or instalment of a pension ; or (' wilfully lend his pen -ion certificate lo any other person. Penalty : Six months' imprisonment. 50, In the case of a conviction under the last preceding section, the Court, in addition to imposing the punishment thereby prescribed, may also, according to the circumstances of the case, by order — (a) cancel any pension certificate which is proved to have been wrongfully obtained ; or (h) impose a penalty not exceeding twice the amount of any instalment the payment of which has been wrongfully obtained, and, if the defendant is a pensioner, direct the forfeiture of future instalments of his pension equal in amount to the penalty and in satisfaction thereof. Invalid (171(1 Old-age Pensions Act ]9us-10oi». 837 5 1 . — (1.) When a pensioner is in any Court convicted of drunkenness, Forfeiture of or of any oiTence punishable by imprisonment for not less than one c'^uceiutirn"' month, then, in addition to any other punishment injposed, the cenificLte for Deputy Commissioner may, by order, forfeit any one or more of the certain oirecces. instalments falling due after the date of the conviction. N^o/'rt'^^' '^°' (2.) Where a pensioner is twice within twelve months convicted of i9o'i,no.'i75i. any offence punishable by imprisonment for not less than one month, rio^fi,' s!^;*"''*' or where any pensioner is convicted of any offence punishable by imprisonment for twelve months or upwards, then, in lieu of forfeiting any instalment of the pension, the Deputy Commissioner shall, by order, cancel the pension certificate. (3.) In any case where any pension certificate is cancelled by the Deputy Commissioner, the pension shall be deemed to be absolutely forfeited, and the certificate shall be deUvered up to the Registrar, and forwarded by him to the Deputy Commissioner. 52. — (1.) Notwithstanding that a pensioner has not been convicted Power to of drunkenness, a Registrar may, and, if so requested by the Deputy f;?r°drunken°° Commissioner, shall, at any time summon any pensioner to appear 'y*'"^* before a Magistrate to show cause why his pension should not be xo. itm.s. 33; cancelled, reduced, or suspended for a time on account of his drunken %.'-2s!^^' ^°' ^' intemperate or disreputable habits ; and at the time and place mentioned in the summons the Magistrate may, if he thinks fit, recommend to the Deputy Commissioner the cancellation, reduction, or suspension of the pension. (2.) The Deputy Commissioner shall, if he thinks fit, cancel, reduce, or suspend the pension accordingly. Part VII. — Miscellaneous. 53. The Minister shall, out of moneys to be from time to time Payment of appropriated by ParUament for the purpose, pay all such moneys moneys*"" as are necessary for the payment of pensions under this Act ; and ylg'^'Jgof'^'^' payments shall be made in the prescribed manner. no. 1751,'s. 34. ^ -^ ^ Q. 1 908, No. 6, s. 29 ; Of. N.'S.W. 1900. No 7 4 s 46 54. The Minister shall, within sixty days after the close of each xnnMa\ financial year, prepare and lay before Parliament, if in session, and f^fd'beforV*' ^^ if not, then within forty days after the commencement of the next Parliament. session, a statement showing for such year — no.'/t'si.'s. 35 ; (a) the total amount paid under this Act in respect of pensions; s.'so; '''°' ' . (6) the total number of pensions ; and ^'o^ii'X'ii^^' (c) such other particulars as are prescribed. 55. The Governor-General may make Regulations, not inconsistent Regulations, with this Act, prescribing all matters wliich by this Act are required y'o^il'X'i^^' or permitted to be prescribed, or which are necessary or convenient ^^'^",^.^-'1^' ,7. to be prescribed for giving effect to this Act, and in particular in Q- ms.'No. 6,* regard to all or any of the following matters . — (a) The powers and duties of the Commissioner and officers ; 838 OLD-AGE PENSIONS. (h) The forms of pension claims, and of applications or declarations relating thereto, and the times within which they are to be made or given ; (c) TKe registering and numbering of pension claims and particulars in regard thereto ; (d) The forms of pension certificates : (e) The mode of valuing properties ; (/) Proceedings before Magistrates or Registrars ; ig) The forms of receipt to be given for any pension ; and {h) The deUvery up and recovery of pension certificates cancelled or -uspended or lapsed on death or for any other reason. Evidence. 56. — (1.) All courts, judgcs, and magistrates acting judicially No\sG5^Tu- ^^^11 'take judicial notice of the signature of the Minister or Com- Q- 1908, No. 6, missioner or any Deputy Commissioner or Registrar, or of any person acting in any of uch offices, to every document required to be signed for the purposes of this Act or any amending Act ; and such docu- ments purporting to be so signed shall be received by such courts, judges, and magistrates as frimd facie evidence of the facts and statements therein contained. (2.) A statement in writing purporting to be signed by the Com- missioner that any person is a pensioner in receipt of a pension of a certain rate shall be prima facie evidence that the person is a pensioner in receipt of a pension and of the rate thereof. Parliamentary Allowances Act 1907. S39 PARLIAMENT. Paoe Parliamentary Allowancp^s Act IDu? ... ... 83y Parliamentary Papers Act 1008 ... ... 840 Petherick Collection Act lull ... ... ;s41 Parliamentary Allowances Act 1U()7, No. 5 of 1907. All Act relating to the Allowance to Members of each House of the Parliament of the Commonwealth. [Assented to 28th August, 1907.] BE it enacted by the King's Most Excellent Majesty, the Senate, PreamWe. and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows : — 1. This Act may be cited as the Parliamentary Allowances Act 1907. short title. 2. The Parliamentary Allowances Act 1902 is hereby repealed. Repeal, 3. Each senator and each member of the House of Representatives Amount of shall receive an allowance of Six hundred pounds a year. Provided that in the case of a senator or member of the House of Representatives who holds any of the following offices, namely, Minister of State, President of the Senate, Speaker of the House of Representatives, Chairman of Committees of the Senate, or Chairman of Committees of the House of Representatives, the allowance shall be Four hundred pounds a year in addition to the emoluments of his office. 4. The allowance to a senator shall be reckoned — Reckoning of (a) in the case of a senator chosen at the first election after a senator.''^ ^ dissolution of the Senate— from the day of his election ; (6) in the case of a senator chosen to fill a place which is to become vacant in rotation — from the first day of July following the day of his election ; (c) in the case of a senator chosen or appointed to fill a casual vacancy — from the day on which his name is certified by the Governor of a State to the Governor-General. 840 PARLIAMENT— Reckoning of 5. The allowance to a member of the House of Representatives member. shall bc reckoned from the day of his election. Commencement 6. In relation to the allowances of senators and members of the oi Act."^* '°° House of Representatives holding their seats at the commencement of this Act, the provisions of this Act shall apply as from the date of the assent to the Act. Arpiopriation. 7. The allowances provided for by this Act shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly. Paeliamentary Papers Act 1908. Short title. Publication of Parliamentary Papers. Authority to Government Printer to publish. No action for publishini; Parliamentary Papers. Of. Q(I. Crim. Code, s. 371 (3). Can. Crim. Code, s. 289. Sta.y of proceedings if action commenced. Qd. 1889 No. 12, s. 40. No. 16 of 1908. An Act relating to the Publication of Parliamentary Papers. [Assented to 10th June, 1908.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may be cited as the Parliamentary Papers Act 1908. 2. It shall be lawful for either the Senate or the House of Representatives to authorize the publication of any document laid before it. 3. When either House of the Parliament has ordered a document to be printed, that House shall be deemed, unless the contrary intention appears in the order, to have authorized the Government Printer to publish the document. 4. — (1.) No action or proceeding, civil or criminal, shall lie against any person for publishing any document published under the authority of the Senate or of the House of Representatives. (2.) The defendant, in any action or prosecution commenced in respect of the publication of any document published under the authority either of the Senate or of the House of Representatives, may bring before the Court in which the action or prosecution is pending or before any Judge thereof, first giving twenty-four hours' notice of his intention so to do to the ])laiutiff or prosecutor, a certificate under the hand of the President or Clerk of the Senate or of the Speaker or Clerk of the House of Representatives, as the case may be, Petherick Collection Act 1911. 841 statino- that the document in respect whereof the action or prose- cution is commenced was jnihlished nn(U'r the authority of the Senate or of the House of Uepresentutives, together with an affidavit verifying the certificate, and the Court or .Indge sliall thereupon immediately stay the action or jM-osecntion and may order the plaintiff or prosecutor to pay the defendant his costs of defence. 5. The protection afforded by this Act shall api)ly to Application of documents published by the authority of either House of the ^°*- Parliament after the second day of July One thousand nine hundred and seven. 6. Nothing in this Act shall derogate from anv power or Privileges of privilege of either House of the Parliament, or of the'Members or fffecTedf°*°°* C'ommittees of either House, as existing at the commencement of this Act. Petherick Collection Act 1911. No. 4 of 1911. An Act relating to the Petherick Collection. [Assented to 26tli October, 1911.] WHEREAS by the Petlierick Agreement a library of books, preamble, pamphlets, plates, maps, and manuscripts illustrative of the geography and history of the Australian States Xew Zealand and other island groups of the South Seas and known as the " Petherick Collection" was transferred to the Commonwealth upon the terms and conditions therein set out : And wliereas the Petherick Collection is now deposited in the Library of the Parliament of the Commonwealth and the said agreement is deposited with the Librarian of the said Parliament : And whereas by the said agreement it is provided that the agree- ment shall not be binding until approved of by the Parliament of the Commonwealth by resolution or otherwise : And whereas it is desiral)le to approve of the said agreement : Be it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may be cited as the Petherick Collection Act 1911. short title. 2. In this Act, the Petheri(dv Agreement means the two Definition. Indentures of Agreement relating to the Petherick Collection which are described in the Schedule. 3. The Petherick Agreement is hereby approved. PetCAck"* Aifreemenf. 842 i'AULlAMEXT— THE SCHEDULE. An Indenture of Agreement datoil the fourth day of November, One thousand nine hundred and nine, between Kdward Augustus Petherick, kite of Streatham, in the County of London, Colonial Literary Agent, residing in Melbourne, in the State of Victoiia, in the Commonwealth of Australia, and Mary Agatlia I'etheriek, of Melbourne, aforesaid, wife of the said Edward Augustus I'etlierick, of the one part, !ind the Honorable Sir Albert John (Jould, President of the Semite and Chairman of the Library Committee of tlie Parliament of the Comnxmweallh, in the agree- ment acting for and on behalf of and with the intent to Ijind the Commonwealth and not so as to incur or come under any personal liability, of the otlier part. An Indenture of Agreement dated the ninth day of November, One thousand nine hundred and nine, between the said Kdward Augustus Petherick and the said Mary Agatha Pethei'ick of the first part, the said Sir All)ert John Could of the second part, and the Honorable Patrick McMahon Glynn, Attorney-General of the Commonwealth of Australia for and on l>ehalf of the said Commonwealth, of the third part. This Indenture made the fourth day of November One thousand nine hundred and nine between Edward Augustus Pethekick late of Streatham in the County of Lonostal note issued nnder tliis Act or by any postal authority tor ]iayinent under this Act. "Postmaster" means the otiieer in chari^e of a ])0st office or })ost and tele'^rajjh olHce. " Post office" means a house building room railway ])Ostal van or carriauty Postniastei-Genei-al received delivered sorted or made u]) or from which j)ostal articles are by the authority aforesaid despat(died including' a ])illar box or other rece])tacle i)rovided for the reception of j)ostal articles for transmission. " Prescribed " means prescribed by this Act or the regulations. " Kegnlations " means regulations under this Act. "Telegraphic" includes tele])lionic. " Telegrai)h " ur " telegraph line" means a wire or calde used for telegraphic or tele})honic communication including any casing coating tube tunnel or pipe enclosing the same and any posts masts or ])iers su})porting the same and any a})j)aratus connected therewith or any ai»paratus for trans- mitting messages or other communications by means of electricity. " Telegraph office " means a house building room or other place or structure used or occupied by or under the authority of the Postmaster-General and under his control for the purposes of working a telegraph or for the receipt and delivery of telegrams. " Telegram " means any message or communication sent to or delivered at a telegraph office or post office for transmission by telegraph for f?vc.^ the form A set forth in the Second Schedule to this Act. gcond schedule N.S.W. P. Act 1867 s. 4. 9): * * * 4c 4c * S. 10 repealed; No. 25, 1909, S. 4. 11. Every article wdiatsoever which is received at a post office Every parcel for transmission or delivery shall if not ;i packet pnrcel or newspaper no't'a'packeV^ as defined bv this Act or by the regulations be deemed a letter. parcel or ncws- " paper to be deemed a letter. 12. The Governor-General may by order published in the Gazette isers.'e.' direct what articles may l)e sent by ])Ost as packets or parcels and Packets may be upon what terms and conditions the same may be sent. n.s"w.'p. Act 1867 s. 7. 13. No duty or toll payable at or in respect of any pier wharf officers of the quay landing place bridge or ferry or at any turnpike gate or bar or ^om toiLs."*^'^^^ at anv other gate or bar on a public road shall be demanded or taken w.a. p. &t. r ' • 1. p ^ Act 1893 s. 8. from or in respect of — {a) Any person em])loyed to ])erform an}' duty of the Depart- ment when on duty. {b) Any person engaged in the conveyance of mails. (c) Any vehicle or horse conveying mails or postal articles. (r/) Any telegraph messenger or line repairer when on duty. (e) Any vehicle or horse used or employed by such telegriiph messenger or line repairer in the performance of his respective duties. (/') Any material or tools used or employed in the construction or repair of any telegraph line, and any })erson who demands or takes any toll contrary hereto shall be liable to a penalty not exceeding Five ])oun(ls. The Postmaster-General may ])ay to the person entitled by way of compensation for the use of any pier wharf quay landing-place or ferry in the landing shipping or conveying any material or tools for the construction or repair of a telegraph line such sum as may be agreed u]wn, and in default of agreement as may be settled b}' arbitration. 14. The Governor-General may make arrangements with the Arrangements Postmaster-General in the United Kingdom or with the proper "rBrftiXor authorities of any British possession or of a foreign countrv with foreign maiis. „„„^^ . x^ o . Qd.P.&.T.Act respect to — isgi s. 9. (a) the transmisssion by land or sea or by both of mails or postal articles between the Commonwealth and the United Kingtlom or the British possession or foreign country ; 850 POST AND TELEGRAPH- {b) the Jippuintuientdeteriniuation luid collection of postage aud fees or other dues upon postal articles conveyed between the Commonwealth and the United Kingdom or any such possession or country ; (c) the division and mutual actcounting for and payment of the moneys collected under any such arrangement ; {(I) the ])urpose8 above mentioned in the case of postal articles transmitted through the Commonwealth for the United Kingdom or any such possession or country to or from any part of the world ; (f) the {trepayment (in full or otherwise) of the postage payable on postal articles ; (/') the transmission to places out of the Commonwealth free of postage or upon such terms as to the amount of post- age or fine to be collected and paid on delivery, and as to the application and payment thereof as may be agreed upon, of postal articles posted in the Commonwealth, or as to the collection application and i)ayment of postage or fines on postal articles received from places out of the C)mmon wealth ou which no postage or insufficient post- age has been jiaid; (^g) the payment of compensation for the loss or injury of any registered postal articles. 15. The Postmaster-General or any |)erson authorized in that behalf by the Governor-General may enter into contracts in writing on behalf of the Government of the Commonwealth for or in respect of the carriage of mails by laud and sea or either or for any other purpose incidental to the carrying out of this Act and may stipulate for such terms and conditions as to him shall seem fit for securing the due regular and efficient performance of the contract. 16. — (1.) No contract or arrangement for the carriage of mails shall be entered into on behalf of the Commonwealth unless it contains a condition that only white labour shall be employed in such carriage. (2.) This condition shall not apply to the coaling and loading of ships at places beyond the limits of the Commonwealth. 17. The principal railway official of every State or the owner con- troller or manager of any railway or tramway in any State shall carry mails on any train run upon the railways or tramways under his control if required by the Postmaster-General so to do aud shall provide all usual facilities for the receipt carriage and delivery of all mails that he is required to carry. Payment for 18. The Postmaster-Gcueral shall pay to the principal railway by ran? °^ '"'^'^ official of each State or to the owner controller or manager of any railway or tramway in any State as the case may be such annual sum for the receipt carriage and delivery of mails aud for all facilities provided in connexion therewith as may be agreed upon and in default of agreement as may be settled by arbitration Contracts. N.S.W. P. Act 1867 s. 43. White labour in mail contracts. Railways to carry mails. Post a)iost!d articles wliicli :i|)i)ear to have been o])ene(l or tani])ered with shall he char'^eahh' with |)Osta<>^e as freshly posted unpaid artiides. Letters *c. 23. Aiiv letter ])(>st-c;ir(l Icttei-card or [)iic,kc't posted t'oi' delivery prop'uc'i!''''^ ill the Conuuoiiwealth on which tiic ]M»sta;;-e is not fully prejjaid may N.s.w. r. A. he transmitted and delivered, hnt before delivery there shall be paid donble the amount of the deficient postage and the sum to be so paid shall l)e written on such letter ])ost-fard letter-card or packet by an authorized officer. Provided that postage on loose letters post-cards letter-cards and packets received from masters of vessels shall be collected on delivery at the rate chargeable to the places whence such articles are re(^eived. Petitions to the 24. All pctitious and addresses to the Governor-General or to Generai°&c. ^^^^ Govcmor of any State shall be transmitted and delivered free of N.s.w. p. Act charge if such petitions or addresses do not exceed sixteen ounces 1867 s. 13. Ij^ weight respectively and are without covers or in covers open at the ends or sides. Postage need not 25. It sluill uot bc ucccssary to prepay the postage upon letters kttersorpackets ^^' packcts Containing only returns of births ba])tisms marriages and containing dcatlis transmitted in compliance with the provisions of the law in &c. transmitted that behalf by ministers of religion or other persons whose duty it is of religion' Ac!*^"^ to trausiuit sucli rcturus to any officer aju^inted to receive the same to appointed jf qjj ^Jj^^ outsidc thcrcof it is stated that thev contain such returns oflicer. Ill ••111" ••! N.s.w. ib. s. 23. ouly aiid such statement is signed by the person transmitting the same, but the postage thereon at prepaid rates shall be paid by the said officer on delivery of such letters or packets. Powers and 26. Wlicre auy State Act whether passed before or after the u^on"" o°t-*'"'^*^ commencement of this Act purports to confer or impose upon post- masters by state masters anv powers or duties — Acts. " '■ (a) with respect to the preparation of lists or rolls of electors for parliamentary or other elections ; or (b) for the purpose of facilitating the voting at such elections, the Governor-General may at the request of the Governor of the State direct, by order under his hand, that postmasters may exercise such powers and shall perform sucdi duties accordingly ; and there- upon postmasters may exercise such powers and perforin such duties accordingly, and shall be bound by the provisions of the State Act relating to such powers and duties. Postage need not 27. It shall uot bc uccessary to prepay the postage ujjou letters k«erso?'packets ^r ])a(dvets coutaiuiug only ballot-papers or voting-jmpers or other containing ^^ electoral documents and sent in compliance with the law in that behalf to any electoral officer of a State, if on the outside thereof they bear a statement, signed by the sender, that they contain such matter only ; but the postage thereon at prepaid rates shall be paid by such officer on delivery of the letters or packets. Post and Telegraph Act 1901-1910. 853 28. — (1.) For the purposes of this Act a newspaper shall mean Definitionof any publication known and recioji^nised as a newspaper in the "u'^'Xment'"'^ generally accepted sense of the word'"', and printed and published within the Common we;i 1th for sale, if — (a) it consists in substantial ])art of news and ai'ticles relating to current topics, or of religious technical or practical information ; and {b) it is pul)lished in numbers at intervals of not more than one month ; and (c) the full title and date of ])ul)lication are printed at the top of the first page, and the whole or part of tlie title and the date of publi('ation are printed at the top of every sul)sequent page. (2.) A publication printed on paper and issued as a supplement to a newspaper shall be deemed to be a supplement and to be part of the newspaper if — (a) it consists in substantial part of reading matter other than advertisements, or of engravings, prints, lithographs, or coloured supplements ; and {b) it is enclosed in each posted copy of the newspaper with which it is issued ; and (c) it has the title of the newspaper with which it is issued printed on the top of each page of letterpress ; and (cl) it is not of a size or form whicli makes it inconvenient for carriage or delivery by jiost. 29. — (1.) The proprietor printer or publisher of any newspaper Registration of may at such time and in such form and with such ])articulars as may newspapers, be prescribed upon payment of a fee of Five shillings register it at the General Post Office of any State and the Deputy Postmaster- General of such State may from time to time subject to appeal as hereinafter mentioned revise the register and may call upon the proprietor printer or publisher of any publication a posted copy of ^^^^ ^*' ^*' ^^ which contains indecent or obscene matter or which by reason of the proportion of advertisements to other matter therein or for any other reason is not within the description aforesaid to show cause why such publication should not be removed from the register and if sufficient Removal from cause be not shown he may remove it accordingly and any publication ''^s'^*^®''- for the time being on the register shall for the purposes of this Act be deemed a registered newspaper. (2.) No publication which after the expiration of one month from the commencement of this A(;t is tendered for transmission at any post office in the Commonwealth shall be sent by post as a newspaper unless the provisions of this section have been complied with. (3.) Any Deputy Postmaster-General may refuse to transmit or deliver any issue of a publication if sucli issue contains indecent or obscene matter. N.s.w. p. o. Am. Act 1893 s. 4. Vict. P. O. Act 1897, s. 7. Qd. P. & T. Act (a) Held by the Supreme Court of Victoria that the question whether a publication is a newspaper within the meaning of this section is almost entirely one of fact, to be decided upon an inspection of the document, guided by common knowledge. A publication which in its real nature is essentially a book of reference is not a newspaper. In re Bradshaw's Guide, ex parte StUlwell, (1903) 29 V.L.R. 415 ; 25 A.L.T. 107 ; 9 A.L.R. 207. 0.11128.— VOL. II. D 854 POST AND TELEG1{APH— Consequence of irregularity. Postage stamps to be made and sold. Tas. P. O. Act 1881 s. 28. Postmasters to keep sufficient supply of stamps. S.A. P. O. Act 1876 s. 27. Prepayment of postage. S.A. lb. s. 42. P. U. Conv. Art. 11. By money in certain cases. N.S.W. P. Act 1867 8. 19. Prepayment of postage in bulk. N.S.W. P. A. Am. Act 1893 s. 12. (4.) Any ])Osted newspaper found to contain indecent or obscene matter may he destroyed by order of the Postmaster-General. (5.) No action shall he broii^'ht a<2;aiiist the Postniaster-CJeneral or any officer of the depiirtnieiit lor anythiii<^ done or puri)ortin<{ to be done under the provisions of this section but any person at^<^rieved by anythin;ii; done or purportini^ to he done by the Postmaster-General or a Deputy Postinaster-(7eneral under this section may ap})eal to a Justice of the Hi>^h Court or to a Jud<;'e of a Supreme ( 'onrt of a State by summons or petition in a summary manner. The Justice or Judge may decide whether the action taken under this section was justified in law or in fact and may make such order as to restoration to the register or otherwise as to him may seem just and may award damages and costs or either in his discretion. (G.) All unregistered or irregularly posted newspapers and all newspapers having any matter which is not a supj)lement accom- panying them shall be treated as packets. 30. The Postmaster-General shall with the approval of the Governor-General cause postage stamps to be made and sold indicating such amounts of postage or fees as may in that behalf be directed by the Governor-General. 31. Every postmaster shall procure and keep on hand for sale such quantities of postage stamps as the Postmaster-General shall authorize and direct and shall sell the same without premium to any person desirous of purchasing them. 32. — (1.) Except in cases where prepayment of postage is allowed to be made in money prepayment of postage can be effecte I only by means of postage stamps valid in the Commonwealth for the correspondence of private individuals : Provided however that the reply-half of reply post-cards bearing postage stamps of the country in which these cards were issued are considered as duly prepaid if addressed to such country. (2.) Official correspondence from the Department relative to the Postal and Telegraphic Service and telegraphic messages upon which all fees payable under this Act have been paid may be transmitted free by post for delivery within the Commonwealth. 33. Notwithstanding the last preceding section whenever it may happen that any postmaster shall not have any postage stamps of the requisite value for sale the postage and fees upon any postal article may be prepaid by money and shall be acknowledged by such postmaster on the face or cover of such article. 34. The Postmaster-General may authorize any postmaster or other officer to accept money in prepayment of the postage on each letter packet or newspaper in cases where a large quantity of letters packets or newspapers are brought to the post by or on behalf of any person, and the postmaster or other officer shall mark on each letter packet or newspaper the full amount of postage prepaid thereon. Post and Telegraph Act 1U01-19KI. 855 35. The postage stamps upon all postal articles sent by post Postago stamps shall be impress^^d or affixed upon the face thereof and near the rff. xoV ''^ address written thereon and no postmaster shall be honnd to take n.«-.w.p. Act any notice of stami)s which are impressed or affixed elsewhere. iscvs. 22. 36. Any person with the permission in writing of the Postmaster- Postage stamps General may perforate postage stamps with such letters fignres perfor\edwith or design as are prescribed in such writing and stamps so '^"'^"• perforated shall not be considered to be defaced within the isws^ie.''**'* meaning of this Act and shall be received in payment of any post- age fees or dues and telegraph fees, but no stamps so perforated shall be purchased or exchanged by any postmaster or servant of the department. Erection of letter pillars &c. 37. The Postmaster-General may cause letter pillars or boxes _ for the reception of postal articles to be erected and maintained in vict. p. o. Act any public road street or highway or other place. isqos. 48. 38. — (1.) Any person who sends any letter packet or newspaper Registration, by post shall be entitled to have the same registered at the post laefTs. 24,'^25. office at which it is posted upon payment of the prescril)ed fee for vict.p. o.Act registration. And all articles required to be registered shall be put ^®^^ ®" ^' into the post office and also be delivered at or between such hours in the day and under such conditions as the Postmaster-General shall appoint. (2.) Any person who sends a registered article by post may obtain Acknowiedg- an acknowledgment of its due receipt by the person to whom it is receipt of addressed by paying the prescrilied fee in advance at the time of [efter"^^ registration in addition to the registration fee. (3.) Where any postmaster or officer has reasonable cause to Letters &c. with believe that any unregistered letter or packet contains any valuable JncUMures must enclosure other than money orders or bills of exchange acceptances be registered. or promissory notes payable to order cheques or postal notes or postage stamps not exceeding Five shillings in value such post- master or officer may register such letter or packet and charge it with double the prescribed fee for registration and the fee to be so paid shall be written on such letter or packet by the j)Ostmaster or officer of the post office who registers the same, and such fee shall be ])aid by the person to whom it is addressed before delivery unless such person before delivery ojiens the letter in the presence of some postmaster or officer of the post office and it is found not to contain any valuable enclosure in which case such fee shall not be charged. 39. Any person making a complaint that an unregistered letter Declaration to or packet containing coin jewellery gems watches or any other ^"ng'ieTtlr''' valuable enclosure has not been dulv delivered to the person to whom *c- contained 11 1 1 • 1 1 ■ 1 /• I £ci valuable it was addressed may be reqmred liy the postmaster or the post orace enclosure. at whicli the comidaiiit is made to make a declaration in the Form 1) Qfi- ?• ^.t- Act 1 L^ 1 o 1 1 1 1 • A y n /-o 1891 S. 3o. in the Second i^cheduie to this Act and to pay the lee (11 any) pre- second schedule scribed before any inquiry is instituted. (i^)- 856 POST AND TELEGRAPH— Certain letters Ac. to be deemed posted in contravention of^tliis Act. Qd. P. & T. Act 1891 s. 30. Letters Ac.in contravention of tliis Act how dealt with. Qd. P. ook picture or advertisement or any printed or written matter in the nature of an adveriisement, whicli article book pi(;ture advertisement or matter is of an indecent or obscene nature, and may cause any such newspaper pacdcet or parcel to be destroyed. 45. The Postmaster-General may cause all unclaimed and un- delivered postal articles originally posted within the Commonwealth which have been returned from the place to which they were forwarded to be treated as unidaimed articles and opened as hereinafter mentioned. 46. — (1.) Every postal article which remains undelivered at any post office to which it has been transmitted for delivery shall save as in this Act otherwise provided be kept thereat for delivery for such time as may be prescribed. And as soon as possible after the expiration of such time the postmaster at every such post office shall transmit to the General Post Office every postal article that has been kept for the ])rescribed time, and thereupon every such postal article so transmitted and any postal article which remains undelivered at the General Post Office beyond the prescribed time shall be dealt with as in this Act provided. (2.) Notwithstanding anything in this Act contained when any letter or packet bears an indorsement by the sender to the effect that if it remains undelivered for a certain specified time not less than seven days it may be returned to him the postmaster at the post office to which the same has been transmitted for delivery shall as soon as possible after the time so specified transmit it to such indorsed address, and if it be refused at such specified address it shall be deemed to be undelivered and unclaimed and dealt with accordingly. 47. — (1.) All telegrams and postal articles sent by post and addressed to any person at any inn hotel or at any lodging-house or at any house at which lodgers are received and delivered to tlie occupier or manager of such inn hotel or house shall be deemed to be under the control of the Postmaster-General until delivered lo the person to whom the same are addressed, and if the same are not so delivered within one month after the receipt of the same by such occupier or manager and if instructions to the contrary are not received from the person to whom the same are addressed they shall be returned to a letter carrier or to the nearest post office and kept thereat for delivery for such time as may be prescribed and at the expiration of such time shall be transmitted to the General Post Office. All such telegrams and postal articles transmitted to the General Post Office under the provisions of this section shall there be dealt with as undelivered and unclaimed. (2.) Every such occui)ier or manager wilfully omitting or fiiiling to return any such telegram or postal article as aforesaid shall be liable to a penalty not exceeding Five pounds. Unclaimed and undelivered articles returned from other countries how dealt with. S.A. P. O. Act 1876 8. 35. Unclaimed letters Ac. to be kept certain periods and then sent to General Post Office. N.S.W. P. A. Am. Act 1893 8. 8. S.A. P. O. Act 1891 s. 14 Letters &c. may be returned to sender if request indorsed thereon. Telegrams letters &c. at hotels remaining undelivered for one month to be returned to post office. S.A. ib. s. 17. Penalty. 858 POST AND TELEGRAPH— How dead letters Ac. disposed of at General Post Office. N.S.W. P. Act 1867 s. 30. How or by whom unclaimed or dead letters may be opened. S.A. P. O. Act 1876 s. 36. Second Schedule (B). Opened postal articles not containing anything of value how dealt with. S.A. ib. s. 37. Opened letters and pacliets containing anything of value how dealt with. Vict. P. O. Act 1890 s. 40. 48. On the receipt at a Geiienil Post Office of any postal article hert'iiibelbre re<|iiii'eu board the vessel and convey the same iipou her then intended voyage. (2.) Any j)ers()n in any respect offending against the provisions of Penalty, this section shall be liable for every sucli offence to a penalty not exceeding Fifty })ounds. 70. — (1.) The master of a vessel about to depart from any port Payments to within the Commonwealth to any other port or place who receives on master of vessel, board thereof any mail for the purpose of couve\ ing the same according Am! Act isob to the direction thereof shall be entitled immediately to demand anil ^a'p &t receive from the person tendering or delivering the same for the Act isg's s. 48. carriage thereof i)ayment at such rates as may be i)rescribed. But ^g'gi^s 62^' ^"'^ nothing herein contained shall entitle the master of any vessel under contract for the carriage of mails to receive any such payment. (2.) When mails are brought from one port to another and tranship])ed or forwarded by a second vessel belonging to the same owner payment shall not be made on account of the second conveyance. (3.) Payment shall not be made to the master of a ship arriving from any port or place for the conveyance of mails. 71. — (I.) The master of a vessel not carrying mails nnder a Notice of contract for the carriage thereof and being about to depart from any ve^seb"'^^ ^'^ port within the Commonwealth to any port or place beyond the n.s.w. p. Act Commonwealth shall before the clearance outwards of such vessel give ^^i.^im. Act to the postmaster or offi(;er in charge of the jjost-office at the port ^^^^ s. i4. from which such vessel is about to depart not less than twenty- four hours' notice in writing of the intended time of departure of such vessel, and every master of a vessel not carrying mails under a contract which is about to depart from a poi't within the Common- wealth to another ])ort or ])la(^e therein shall before the clearance of the vessel give to the postmaster at the i»ort from which the vessel is about to depart not less than six hours' notice in writing of her intended hour of departure. Provided that a shorter notice may be prescribed in any case or special class of cases, and every such notice shall commence and ex})ire between the hours of nine o'clock in the forenoon and five o'clock in the afternoon. (2.) Such master shall also give notice to such postmaster or officer And of of any postponement of such time of departure exceeding one hour, SepaHur^. and in default thereof shall be lial)le to a penalty not exceeding Fifty pounds. And such jiostmaster or other officer of the post office shall upon receiving such notice grant a certificate of the receipt of such notice to such master, and until such certificate has been given the vessel shall not be cleared. 864 POST AND TELEGRAPH- Duty of master where ships not sailiiiR pursuant to notice. Qd. 1'. &. T. Act 1891 8. 64. Penalty. Masters to give notice of approach to a place appointed for the receipt and despatch of mails. Qd. ib. s. 65. 72. WMk'u the m.istcr of a vessel lius receivccl a muil on board for carriage and tlie vessel does not de[)ar( on lier voyage aecordiiiiif to the time lixed tor departure or within one hoiii' thereof the niaster sjiall forthwith <;ive noti(;e to the postmaster of the dcilay and siiall on demand return the mails and the gratuity oi- ])ayment which has been paid for carriage to the postmaster or to some port oliicer or (-ustoms otlicer of the |)ort or some other person duly authorized in that belialf ill writing under the h;ind of a postmaster. Any person otiending against the provisions of this se(;tion shall be liable to a penalty not exceeding One liuudred pounds, 73. The master of a vessel proceeding from a port or phute within the ('Ommonwealth to some other port or place witliin the Common- wealth, and having on board a mail for delivery in such last-inentioned port or place shall give notice of the near ap))roacli of the vessel thereto by ringing a bell or by some other coiu^erted signal which may reasonably be exnected to be distinctly heard or seen by the postmaster port officer officer of Customs or other })erson in such last-mentioned port or place duly authorized to receive or despatch a mail, and shall give such notice a sufficient time before the actual arrival of the vessel to enal)le him to be prepared to receive the mail from or despatch a mail in the vessel. Any master who refuses or omits to give such notice shall be liable for every offence to a penalty not exceeding Fifty pounds. Arrangements for money orders and postal notes. Qd. ib. s. 66. Part III. — Money Ordees and Postal Notes. 74. — (1.) The Governor-General may make arrangements with the Postmaster-General in the United Kingdom, or with the proper authorities of any British possession or of a foreign country for the issue and payment by means of the Department of money orders and postal notes between the Commonwealth and the United Kingdom or such possession or country and for the accounting for and trans- mission of moneys required for that purpose. (2.) The Governor-General may also make arrangements for the issue and payment by means of the Department of money orders and postal notes within the (Joinmon wealth and for the accounting for and transmission of moneys required for that ]3urpose. 75. A money order shall not be granted for a larger sum than Twenty pounds, nor a postal note for a larger sum than Twenty shillings. The Postmaster-General may charge and receive in respect of money orders and postal notes issued under this Act the prescribed commission or poundage. Currency of 76. After the expiration of six months from the last day of the Ta% Notes iiionth of issue, any postal note issued under the provisions of this Act' 1886 s. 5. Act shall be payable only at the General Post Office in the State in which it is made payable. When amount 77. — (1) The Postmaster-Gcneral may repay the amount of a may bT^ "'^'^^'^ moucy Order to the person to whom it was granted or his executors refunded. q^ administrators whether the money order remains or is in his or Qd. p. & T. Act i 1 • • , •' 1891 8. 68. their possession or not. Amount and cost of money orders and postal notes. Qd. ib. s. 67. Post and Telegraph Act 1901-1910. 865 (2.) Upon the repayment all liability if any of tlie Postmaster- General or of any postmaster or officer of the Department in respect of the money order or the issue or repayment of the amount thereof shall as against all persons whomsoever cease and deter- mine. 78. Every money order and postal note shall be deemed a valual)le security within the meaning of any law relating to larceny, and an unissued postal note shall be deemed public moneys. 79. No stamj) duty shall be charged upon any money postal note issued or paid under the provisions of this Act. Part IV. — Telegraphs. order or To be deemed valuable security and public moneys. Qd. P. & T. Act 1801 g. 69. N.S.W. P. Act 1867 8. 75. No stamp duty on money orders or postal notes. 80. The Postmaster-General shall have the exclusive privilege Postmaster of erecting and maintaining telegrapli lines and of transmitting tele- grams or other communications by telegraph within the Common- wealth and })erformiiig all the incidental services of receiving- collecting or delivering such telegrams or communications except as provided by this Act or the regulations : Provided that — (a) the Government railway authorities of each State shall have authority to erect and maintain within the railway boundaries telegraph lines required for the working of the railways, and {h) the owners of any railway or tramway may maintain for the time and to the extent authorized by any State Act any telegraph lines erected in pursuance of rights conferred by any State Act in force at the commencement of this Act and which are required for the working of the railway or tramway. But except by authority of the Postmaster-General no such telegraph line shall be used for the purpose of transmitting and delivering telegrams for the public. Where such authority is obtained the revenue derived from such telegrams shall be divided between the Department and the railway authorities or owners in such propor- tions as may be mutually arranged. Provided also that nothing in this section shall be taken to prevent any person from maintaining and using any telegraph line heretofore erected by him or from erecting maintaining and using any telegraph line — (a) which is wholly within and upon land whereof he is the proprietor or occupier and solely for his own purposes if no part of such line is within twelve feet of any existing line of the Postmaster-General except for the purpose of connecting with or crossing such line ; or {b) which is used for telephonic communication and is wholly within a building whereof he is the occupier or proprietor, and solely for his own purposes. General to have exclusive rights in respect of telegraphs. W.A. P. "lv has in his custody or i)()ssession, Act 1893 s. 77. ^ "• f 1 1 1 /l 1- 4.- f i. i. any j)aper ])i'ovided by or under tlie du'ection or any competent person authority dei)artment or (joyernment in or of the (Common- wealth or the United Kingdom or any British colony or ])ossession or any foreign (;onntry for the j)urp;)ses of being nsed for postage stamps or postal notes before the same has been lawfully issued for pnblic use shall be guilty of an iudictai)le offence and shall })e liable to imprisonment with or without hard labour for any term not exceeding two \ ears. niegauy sending 102. Any persou who wirhout lawful authoriry or excuse (the envdo es burdcu of \)V of whcreof shall be on the person charged) — Qd. p- * T. Act (^^) makes any envelope wrapper card form or pa])er in imitation of one issued by or under the authority of the Postmaster- General of the Commonwealth or of any other part of His Majesty's dominions or of any foreign postal authority or haying thereon any words letters or marks which signify or imply or may reasonably lead the recipient to belieye that a postal article bearing the same is sent on postal or telegraph service ; or (J)) makes on any envelope wrapper card form or paper for the l)urpose of being issued or sent by post or otherwise or otherwise issued any mark in imitation of or similar to or purjjorting to l)e any stamp or mark of any post office under the Postmaster-General of the Commonwealth or of any other part of His Majesty's dominions or under any foreign postal authority or any words letters or marks which signify or imply or may reasonably lead the recipient thereof to believe that a postal article bear- ing the same is sent on postal ')r telegraph service ; or (it and Telee stani]) ])i-o()fthat the ])erson ehar<:fed is the writer of the address of tlie postal articde on which the stamp is atHxeainst or ■wiU'iilly ne^'lect or omit to comjtly with any of the regulations to be made as in this Act mentioned or with any of the provisions of this Act (for breac^h or neg'lect of which no other punishment is hereby i)rovided) shall be liai»le to a penalty not exceeding Twenty-five jjounds. 109. Any person employed by or under the Department or in the CO veyance of mails who neiidigently loses or who wilfully detains or delays or procnies or suffers to be detained or delayed any mail or any postal article, shall be liable to a penalty not exceeding Twenty-five pounds. 110. Any driver of a vehicle used for the conveyance of mails and any guard or other person in charge of a mail, whether con- veyed by a vehicle or on horseback or on foot who — (a) loiters on the road ; or (d) wilfully mis-spends or loses time ; or (c) is under the influence of intoxicating liquor ; or (d) does not in all possible cases convey the mail at the speed fixed by the Postmaster-General for the conveyance thereof unless prevented by the weather or the bad state of the roads or an accident the proof whereof shall be on the person charged, shall be liable to a penalty not exceeding Ten pounds. 111. Any person who wilfully retains secretes keeps or detains any mail or postal article — (a) found by the person secreting keeping or detaining the same ; or (b) wrongfully delivered to the person keeping or detaining the same, shall be guilty of^ a misdemeanour and on convicti )n thereof shall be liable to a penalty not exceeding One hundred pounds or imprisonment with or without hard labour for any term not exceeding two years. Penalty for 112. If aiiy pcrsou by means of any false pretence or misstate- obfaiSng letters uieut iuduccs any postmastcr or any officer or servant of the Depart- *•'• ment to deliver to such person any postal article sent by post and not addressed to &uch person he shall be guilty of a misdemeanour and on conviction thereof shall be liable to a penalty not exceeding One hundred pounds or to imprisonment for any term not exceeding two years. 113. Any person charged with the delivery of a postal article or telegram who wilfully delivers the same to any person other than the person to whom the same is addressed or his authorized agent in that behalf shall be liable to a penalty not exceeding Fifty pounds or to be imprisoned with or without hard labour for any term not exceeding; six months. Retaining or secreting letters &c. Qd. ib. s. 102. Vict. P. O. Act 1890 s. 124. Delivering to wrong person. W.A. P. & T. Act 1893 s. 93 S.A. P. O. Act 1876 s. 82. Post and Telegraph Act 1901-1910. 877 114. Any person who— SteaUng letters Ac. (a) frandnlently takes from the possession of a j)ostinaster or Qd. p. & t. Act other officer or servant of tlie Department or other person ^®^^ '• ^°^- having- the cnstody thereof for the Postmaster-General or from any post office or place api)oinre(l for the receipt or delivery of postal articles or telegrams ; or {b) steals or for any pnrpose embezzles fraudulently takes secretes or destroys a mail or postal article sent hy post or a telegram or any part thereof respectively and any person who fraudulently receives any such mail postal article or telegram or any part thereof respectively which has been so fraudulently taken stolen embezzled or secreted, shall be gnilty of an indictable offence, and shall be liable to imprisonment with or without hard labour for any term not exceeding three years.^") 115. Any postmaster master of a vessel or driver of a vehicle penalty for used for conveyance of mails or any guard or any other person tempwlng'^ with in charge of a mail however conveyed who contrary to his duty opens "'^ii^- or tampers with or suffers to be opened or tam[)ered with any mail postal article or telegram shall be guilty of an indictable offence and w.a. p. & t. liable to a penalty not exceeding One hundred pounds or imprison- ^'^^ ^®^^ *• ^• ment with or without hard labour for any term not exceeding two years. 116. Any person not })eing a i)0stmaster or not being duly Penalty on authorized who with fraudulent intent opens or endeavours to pCTsons°opening open any mail postal article or telegram addressed to any other ™aiis- person shall be guilty of an indictable offence and be liable to a penalty igfe s.' 83*.'^*'* not exceeding One hundred pounds or imprisonment with or without hard labour for any term not exceeding two years. 117. Any person who without the authoritv of the Postmaster- Exhibiting sijn /-I 1 /ii i> n 1-1 1 -1 1 11 1 l^ &c. as post oflflce Greneral (the proot ot which authority siiail be on the person orRoyaimau charged) — (a) places or maintains or permits or causes to be placed or maintained or to remain in on or near any house wall door window box post pillar or other place belonging to him or under his control the words " post office " or any other word or mark which may imply or give reasonable cause to believe that the same is a post office or a place for the receipt of postal articles or that any box is a post letter-box ; or {!)) places or permits or causes to be placed or suffers to remain on any vehicle or vessel the words " Royal Mail," or any word or mark whi(di may imply or give reasonable cause to believe that the vehicle or vessel is used for the conveyance of mails, shall be liable to a penalty not exceeding Twenty-five pounds. (a) See R. v. Lynch, 1904 Q.W.X. 17. Qd. P. & T. Act 1891 s. 107. 878 POST AND TELEGRAPH — PubiishinR 117a. — (1.) Aiiy^") ])erson who witliout tlie authority of the Post- te^icilhom-'^Msts. inusttT-dleiieral (the ])roof of whi(;h authority sliall Ixi on the person inierted by No. charwd) ])riuts, ])uhlishes, or cir(;uhites, auv list ])urr)ortiu-e(l) — iTcenwor*" (a) deals in offers or exposes for sale any posta<^e stamp ; or bMfcen'-.ed.**' {j)) places or })erraits or causes to be placed or suffers to remain Qd. p. & t. Act on or uear to his house or ]»remises the words " licensed ^*®* *• ^^^• to sell postage stamps " or any word or mark whicdi may imply or give reasonable cause to believe that he is duly licensed to sell ])ostage stamps, shall be liable to a penalty not exceeding Five pounds. 123. Any person who unhtwfully issues a money order or postal unlawfully note with a fraudnlent intent shall be guilty of an indictable offence orderfoTposLi and shall be liable to imprisonment with or withont hard labour for °°*®*- any term not exceeding seven years. ^^' ^^' *' ^^*' 1 24. Any person who — Forging or {a) forges a telegram or utters a telegram knowing the same to telegrams. be forged ; or Qd. ib. s. iis. {b) transmits l)y telegraph as a telegram any message or com- munication purporting to be a telegram which he knows to be forged, shall whether he had or had not an intent to defraud be guilty of an indictable offence and shall be liable to imprisonment with or with- out hard labour for any term not exceeding three years. 125. Any person who — sending false {a) knowingly sends delivers or causes to be sent or delivered ^'TT& t to any officer or servant of the Department for the pur- Actisws. ibs. pose of being transmitted as a telegram, a message or writing which purports to be signed or sent by any other person withont such person's authority: or {I)) wrongfully signs a telegram with the name of another person without such person's authority or with the name of some fictitious jierson ; or ((?) wilfully and without the authority of the sender alters a telegram ; or (r/) writes issues or delivers a document which purports to be a telegram received through a telegraph office and which w^as not so received, shall be guilty of an indictable offence and be liable to a penalty not exceeding One hundred pounds, or to imprisonment with or without hard lal)our for any term not exceeding two years. 126. Any person who with fraudulent intent sends anv letter sending i 1 .1 ■ .• • ' fraudulent telegram or other communication or message concerning any money messages. order or any money due or receivable from or by any person in res])ect Qd. p. & t. Act of a money order shall be guilty of an indictable offence and be liable to imprisonment with or without hard labour for any term not exceed- ing three years. 127. Any person employed in a telegraph office who divulges Penalty for the contents or substance of a telegram otherwise than by deliverins" Jecrecy." ° the telegram or giving a copy of it to the person to whom he is Qd. ib. s. iis. authorized to deliver such telegram or give such copy shall be guilty 880 POST AND TELEGRAPH- Erection or maintenance of telegraph lines without authority of ii misdemeanour and on conviction thereof shall he liable for every such offence to a penalty not exceedintj^ One hundred i)Ounds or to imprisonment with or witliout liard lal)Our for any term not exceed- ing two years. 128. — (1.) Except as provided in section eighty any jierson who witliout the authority of the Postmaster-deneral (the ])roof of which authority shall he on the person chargeil) sets up maintains or uses Qd. p. * T. Act ill or on any (-rown lands or in or on any public road street or high- 1891 s. 119. y..^yy jj^yjy tclcgraph line or wilfully uses any telegraph line set up be- fore or after tlie commencement of this Act and neglects to coni})ly with any notice from the Postmaster-General or a Deputy Post- master-General to pay such charges (if any) in respect of the line as may from time to time be fixed by the Governor-General, shall be liable to a jienalty not exceeding Five pounds for every day during which any sutdi line is or t;ontinues to be so set up maintained or used contrary to the provisions of this Act. (2.) The Postmaster-General may authorize any person to take absolute possession of cut down or destroy the whole or any part of anv such line. Making charges for use of telegraph line without authority. Qd. ib. s. 120. Injuries to telegraphs. Qd. ib. s. 121. N.S.W. Tel. Act 1857 ss. 10, 11. 129. Any person who having entered into an agreement with the Postmaster-General for the use by such person of a telegraph line without the authority of the Postmaster-General demands or makes any charge or receives any payment or valuable consideration from any other person for the use of the same shall be liable for each offence to a penalty not less than Two pounds and not exceeding Fifty pounds. 130. Any person who — (a) unlawfully or maliciously cuts breaks throws down injures or removes any battery machinery wire cable insulator post or other matter or thing whatsoever being part of any apparatus used or employed in or about any tele- graph or in the working thereof ; or (b) unlawfully or maliciously prevents or obstructs in any manner whatsoever the sending conveyance or delivery of any communication by telegraph ; or (c) interrupts or impedes the use of any line or the transmission of any message, shall be guilty of an indictable offence and shall be liable to imprison- ment with or without hard labour for any term not exceeding three years. Provided that if it ai)pears to a Justice of the Peace, on the examination of a person charged with an offence against this section, that it is not expedient to the ends of justice that it should be prosecuted as an indictable offence, the case may be heard and determined in a summary way, and the offender shall be liable to a penalty not exceeding Twenty-five pounds or to imprisonment for any term not exceeding three months. Attempt to 131. Any ])erson who attempts to commit any of the offences in teie"graphs. the last preceding section mentioned shall be liable to a penalty not Qd. p. &T. Act exceeding Ten ]>ounds or imprisonment for any term not exceeding two months. 1891 s. 122. Post and Telegraph Act 1901-1910. 881 132. Any person offending against the provisions of either of Arrest of the two last preceding sections may with or without warrant Qd"p^A'x Act be apprehended by any other person and delivered to a police isoi s. 123. officer or conveyed before a justice to be dealt with according to law. 133. — (1.) Any person who breaks, injures, or damages any Breaking or post, cable, insulator, or thing being part of, or used in connexion telegraph posts with, any telegraph shall be liable to a penalty not exceeding oV«f 1 ^ u Twenty pounds and not less than Two pounds or to be imprisoned No. 28, 1910, for any term not exceeding two montlis, and may be ordered to pay *' ** compensation for any repairs rendered necessary. (2.) A person shall not be liable to be convicted under this section if he proves that the breaking, injury, or damage did not arise from any wilful, negligent, or unlawful act on his part. (3.) Where the offender is under the age of sixteen years, the Court or a Justice may on the application of the prosecutor summon the father of the offender to appear before a Court of Summary Jurisdiction to show cause why he should not be ordered to pay compensation for the repairs rendered necessary by the offender's act, and on the hearing of the summons the Court may, if it thinks fit, order the father to pay such compensation. (4.^ Except to the extent of any compensation ordered to be paid, this section shall not affect the liability in civil proceedings of any person in respect of any breaking injury or damage to which this section relates. 134. Any person who with fraudulent intent personates or No person to represents himself as an officer of the Department shall be guilty of ^IfaTofflcerf an indictable offence and be liable to a penalty not exceeding One hundred pounds or to imprisonment with or without hard labour for any term not exceeding two years. 135. If any postmaster or other officer of the post office re- issues Penalty on a postal note originally issued under the authority of this Act which postal notes!""^ has been paid previous to such re-issue he shall be guilty of an yigo ■^•,29 ■^°* indictable offence and shall be liable to be imprisoned with or with- out hard labour for any term not exceeding five years. 136. Every person who aids abets counsels or procures the com- Aiders and mission of any offence against this Act shall be liable to the same xas. p. o. Act punishment as if he actually committed the offence. issi s. 96. 137. — (1.) Any person duly authorized in that behalf by the Postmaster-General or a Deputy Postmaster-General may enter into any i)ost office or telegraph office and take possession of all property moneys money orders letters goods chattels or effects therein belong- ing to or appertaining to the Department and may for such purpose remain a reasonable time in the post office or telegraph office or in or upon the premises where the post office or telegraph office is situated. (2.) Any person who wilfully obstructs hinders or delays any person so entering taking possession or remaining as aforesaid shall be liable to a penalty not exceeding Twenty-five pounds or to imprisonment for any term not exceeding six months. Post offices may be entered and possession taken of letters &c. on behalf of Department. Qd. P. & T. Act 1891 s. 125. Penalty. 882 POST AND TELEGRAPH— Resisting otflcer. Qd. P. & T. Act 1891 s. 126. 138. Any persou who resists any person uctin«i^ in execution of tliis Act sliall l)e liable to a penalty not exceeding Twenty-tive ])ounds or to be imprisoned for any term not exceeding; six months. Penalty for 139. If aiiv pcrsou iiot (liily authorized in tbat bch.ill' ( tlu; proof pkciudson of which authority shall be on such person) j)l:ices iiny jdacard or piliars'&c otluT d()(Uinieiit writiii<;- or })aiutin^ on or otherwise defaces any Vict. p. o. Act post office or tele- to have heen done or committed with the intent to injure or defraud the Postmaster-General without mentioning' his name.*"' (2.) In all informations or complaints relatin^i" to or in any- wise concerning the Department it shall be sufficient to name and describe the Postmaster-Cjeneral as " the Postmaster-General " without any further or other name addition or description what- soever. 153. Tlie Postmaster-General or a Deputy Postmaster-General Postmaster- may depute any postal or telegraph officer to appear on his behalf Deputy Post- either as i)rose(Uitor or defendant, and his authority in writing to ™a**^"e^u°g®''*' that effect shall be good and sufficient in law. another officer to appear on 154. Any difference which arises between the Postmaster- t)*L * * ' . General and an electric authority or its agents with respect to be settled by any requirements of the Postmaster-General, or as to the ^'■^'*'"^*'°°' cost of any alterations of telegraph lines, shall be determined by arbitration. 155. Whenever any matter under this Act is to be settled by Arbitration in arbitration it shall be referred to arbitration in accordance with ^th'^sltate law. the law of the State in whicli the dispute arises. 156. Where any person admits to the Postmaster-General that postmaster- he has committed a breach of this Act other than an indictable ^t?f/^ases'.^ offence the Postmaster-General may with the consent in writing of such person determine the matter and may order such person to pay such pecuniary penalty as he may think proj^er and u})on payment of such penalty such person shall not be liable to l)e further pro- ceeded against in respect of the same matter. Paet IX. — Notice and Limitation of Actions. 157. — (I.) Any action against the Postmaster-General or any Notice and officer or servant of the Department for anything done or omitted a™ion!'°° °^ to be done in pursuance of this Act or the regulations shall be com- Qd. p. & x. Act menced within six months after the act committed or omitted and ^^^^ *• ^-^• not afterwards. And the action shall not be commenced until one month after notice thereof and of the cause thereof has been delivered to the defendant or left for him at his usual place of abode or business by the party intending to commence the action, and upon the back of the notice shall be indorsed the name and place of abode or business of the plaintiff and his solicitor or agent if the notice is served by a solicitor or agent. (2.) Contractors and their mailmen shall not be considered as contractors and officers or servants of the Department under this section. Scepted. (a) Held by the Full Court of Tasmania that on the trial of certain defendants, charged with the larceny of postal articles, evidence that letters, the contents of which were the subject of the charge, were in the Post Office is sufficient proof of the ownership of the Postmaster-General. R. v. Smythe and Blanton, (1912) 8 Tas. L.K. 28. E 2 rusT AM) TELi:(a(Arii- Protection from actions. Qd. P. A T. Act 1891 8. 130. In case of money orders or postal notes. Qd. lb. 8. 131. 158. All action or other |)ro('eLMliii<;- shall not be maintainable at^aiiist the King- or the Postniaster-deneral or any ollicer of the Department by reason of any ilefanlt delay error omission or loss whether ne<^li^ent or otherwise in the transmission or delivery or otherwise in relation to — (a) a ])Ostal article ])()sted or re(teived or omitted to be i)osted or re(;eived under this Act ; or (d) a tele<.^ram sent or received or omitted to he sent or received under this Act. 159. An action or otiier proceeding' shall not be maintainable against the King- or tlie Postmaster-General or any officer of the ])e])artmeiit by reason of the i)ayment of the amount of a money order or }H)stal note being refused or delayed or on account of any accidental neglect omission or mistake or for any other cause, and no action or other proceeding shall be maintainable in respect of a money order or postal note after payment thereof by whomsoever presented if it was paid without fraud or wilful misbehaviour on the part of the person sought to be made liable. SCHEDULES. Section 2. FIRST SCHEDULE. Date. State. 31 Vic. No. 4 New Sout h Wales 37 Vic. No. I New South Wales 56 Vic. No. 31 New South Wales 20 Vic. No. 41 New South Wales 54 Vic. No. 1128 Victoria 61 Vic. No. 15;i7 Victoria 55 Vic. No. 15 Queensland 1857 No. 6 South Australia ... 39 & 40 Vic. No 49 South Australia ... 44 & 45 Vic. No 207 South Australia ... 49 & 50 Vic. No. 370 South Australia ... 49 & 50 Vic. No. 374 South Austi-alia ... 54 & 55 Vic. No. 535 South Australia ... 57 Vic. No. 5 Western Australia 20 Vic. No. 22 Tasmania 45 Vic No 13 Tasmai'ia 46 Vic. No. 5 Tasmania 49 Vic. No. 30 Tasmania 52 Vic No. 42 Tasmania 55 Vic. No. 1 9 Tasmania 59 Vic. No. 18 Tasmania Title. Postage Act 1867. An Act to abolish the imposition of jw stage rates on neivspapers. Postage Acts Amendment Act 1893. An Art to establish and regulate Electric 7'tle. 2. Double the foregoing rates to be charged for the transmission of telegrams on Sun- day, Christmas Day, and Good Friday, and for " urgent " telegrams. The foregoing rates are exclusive of porterage charges. Part II. — Press Telegrams. Para, repealed; No. 10, 1906, •.2. Not exceeding 25 words Exceeding 25, but not ex- ceeding 50 words Exceeding 50, but not ex- ceeding 100 words Every additional 50 words or portion of 50 words Within any State. Sixpence Ninepence One shilling and sixpence Sixpence Inter-State, i.e., from any one State to any other State. Kelating to Parlia- mentary, Executive, Departmental, and other Commonwealth Proceedings as may be prescribed. One shilling One shilling and sixpence Three shillings One shilling Within the Commonwealth. Not exceeding 25 words Exceeding 25, but not exceeding 100 words . . Every additional 50 words or portion of 50 words One shilling One shilling and sixpence Sixpence The foregoing rates are exclusive of porterage charges. Purchase Telephone Lines Acquisition Act 11)11. 893 Purchase Telephone Lines Acquisition Act I'Jll. No. 9 of 1911. All Act to provide for the Acquisition of Purchase Telephone Lines. [Assented to 12th December, 10 11.] BE it enacted by tlie Kint US authorized by or under this Act, no person shall— («) establish, erect, maiutaiu, or use any station uv appliance f'oi- the purpose oftraiismittiu) transmit or receive messages by wireless telegraphy. Teualty : Five hundred ])oun) examine so far as is jtracticable the officers thereof and ascertain their duties and the value of their services ; (y the Governor-General. Where the (Tovernor-General romotion of an officer shall be made to such class or grade in such first-mentioned Department until ])y transfer retirement dismissal or death the number of officers in the same chiss or grade is reduced below the number in such class or grade determined to be necessary for the efficient working of such De])artment. (o.) For the purposes of this section an officer of a Department officers of of the Public Service of a State which has become transferred to the Departments. Commonwealth shall be deemed to 1)6 an officer of the class or grade as determined by the Commissioner pursuant to tliis Act. (6.) If tlie services of any officers in excess in any Depart- Excess officers. ment are not likely to be required in any other Dei)artment the Governor-General may call upon such officers to retire from the Pu])lic Servic^e ; and every such officer so called upon to retire shall retire accordingly. 9. — (1.) The Commissioner shall recommend to the Governor- Record of General for determination the division class subdivision of class or &c.'*of "officers grade of every officer, and shall keep a record of all officeis showing gazetted''' ^"'^ with I'egard to each officer his age and length of service rhe office he v. i89o s. 28. holds and his division class subdivision of class or grade and salary can. isse c. 17 under this Act. Provided that where the Governor-General doe's ^^" ^ '^^' ^!' not approve of any such recommendation a statement of the reasons for not approving and for requiring a fresh recommendation shall be laid before The Parliament. (2.) Where an officer has been transferred from the Pul)lic Service of a State, such record shall also show the position of such officer in such State at the time of such transfer. (3.) Tlie Commissioner shall in the month of Ausrust ineachvear Amended by forward to the Governor-General and i)ublish in the Gazette •AYi'^ioi s. 2. ' all officers on the thirtieth day of June in such year together with the particulars so recorded in respect to them and showing the date of a])pointmen: of such officers. Such list shall be prima facie evidence of the information contained therein ; a copy of such list shall l)e laid b^'fore The Parliament within fourteen days of publication or if The Parliament is not sitting then within fourteen (lavs after the commencement of the next sittini!' thereof. 'J02 PUBLIC ISEKVICE- Power to suininon witnesses and take evidence on oath. V. No. 1088 ss. 12, 13. Q. 1896 s. 57. 10. — (1.) The Ooiniui.ssioiipr or any Inspector may at any /time suininon any ])ersoii whose evidence ajipears to he material /o the (leteriniiiin.ii" of any sulijcct of insjxietion in({uiry or iMvestit by promotion from m^ier classes. one subdivision to the next higher subdivision thereof. (2.) No such officer shall until he has betn at least twelve montiis Length of in a subdivision of a class in the Clerical Division be promoted to a subdivision, higher subdivision thereof. 23. — (1.) No officer shall be promoted fr >m one class to another Promotion in in the Clerical Division until he has served at least one year in e;u'h ofv^on. subdivision of the class from which he is promoted ; and he shall not be i)romoted in such Division except to fill a vacancy in the class next higher than > he class from which he is promoted or to fill a new office. (2.) An officer may be promoted within a class in the Clerical promotion Division fro-u one subdivision thereof to another whether there is or is in aed^T^ not a vacancy in the subdivision to which the promotion is made. Division. (a) By the Commonwealth Public Service Act 1911, section 4, sub-section (2), this section is deemed to have taken effect on and from 1st July, 1911. 906 PUBLIC SERVICE— Promotions from any class to next higher class. Filling vacancies in Clerical Division. Transfer from Professional or Clerical to General Division. Minimum salary after serving three years. Persons who are subjects of His Majesty and have passed examinations eligible. N.S.W. 1895 s. 23. Regulation for entrance examinations. lb. s. 22. Q. 1896 s. 15. (;i) Notwithstan(liii«i: anytliin^^ contained in this section on the recoiniiuMulation of the Commissioner upon a reitort from tlie Pennanciit Head and with tiie approval of the (ilovernor-General, an olHciT luav he promoted from any class to the ne.xt higher chiss, altliou,u-h he lias not served at least one year in each snixiivision of tiie class from which he is ju-omoted. A copy of every snch recommendation report and approval shall as soon as ])racticable after the making of any such appointment be laid before The Parliament. (4.) The Governor-General may declare the number of vacancies in the fifth class of the Clerical Division which may be filled by officers who have served for at least two years in the (xeneral Division. Such vacancies shall be tilled either by officers who before the commencement of this Act have ([ualified under the law of the State in whi(^li they are employed for transfer to the Clerical Division or by the successful candidates at a c(mipetitive examination of the same standard as tliat for admission to the Clerical Division. Provided that no officer shall l)e eli,i;ible to compete at such examination nnless he has been recommended for transfer to the Clerit^al Division by the Commissioner. 24. The Governor-General may, on the recommendation of the C'ommissioner, transfer to the General Division any officer in the Professional or Clerical Division who has been found incapable of performing his duties in any such Division. 25. Any officer in the General Division who shall have served for three years and shall have attained the age of twenty-one years shall l)e paid a salary of not less than One hundred and ten pounds per annum. Appointments. 26. — (1.) Except as hereinafter provided no person shall be admitted to the Public Service unless he is a natural-born or naturalized subject of His Majesty, and unless he has successfully })assed the examination prescribed. (2.) ^V^ith the permission of the Governor-General a jjerson not a natural-born or naturalized subject of His Majesty may subject to the provisions of this Act be admitted to the Public Service. 27. Regulations may be made by the Governor-General for the examination from time to time of })ersons desirous of admission into tlie Public Service. Such regulations shall prescribe — {a) a preliminary medical examination or test as to the health of candidates ; {b) the character and standard of the examinations to which candidates are required to submit themselves, and such examinations shall be competitive : and (c) the manner of holding such examinations. The Governor-General may from time to time appoint such examiners recommended by the Commissioner as may be necessary for the conduct of the prescribed examinations and may at any time remove any examinei's so appointed. Commonwealth Public Service Act 1 002-1 v^ 11. 9(i7 28. — (1.) Sei)artite entrance exaniinations shall 1h' held in separate connexion witli the Professional and Chrical and General Divisions bcZlrforthe** respectively and shall be desi^-ned to test the etHcicncy and aptitude d'fffirent of candidates for employment in such several Divisions; hut the jfsw"i895 educational examination for the General Division shall he of an 8.24.' elementary or I'udimentary (duiracter. (2.) The Commissioner shall so far as jn-acticahle arran<(e the Arrangement of times and ])laces of entrance examinations so that ])ersons shall have pi^ceV^o"*^ reasonahle facility in the State and ]o(;ality in wliich they reside for examination. competinf age for special cases. Employment of telegraph messengers. Inserted by No. 25, 1 909, s. 4. Certain restrictions not applicable on transfer of State officers. (3.) If any ihtsom recommended by tlie ( 'ommissioiier is not tij)|)rove(l l)y the (Governor-General it sliall he the lic Service, or reduce such office to a lower division and salary or impose such penalty oi- other punishment as the case demands. (4.) If such charges are found by the Board of Iuquii\v not to be Removal of proved, the suspension shall be immediately removed by the Minister. ^"*p*^'^"'°- 48. — (1.) All officers upon the hearing by a Board of Inquiry of Right of officers any charge against them shall be entitled to be represented by represented by counsel attornev or agent who mav examine witnesses and address counsel, the Board of Inquiry iu their behalf. ^- ^^^° '• ^J'"'- (2.) A Board of Inquiry shall when inquiring as to the truth of g.'si ' any charges inquire as to the truth of the same without regard to q. isoe s. 42. legal forms and solemnities, and shall direct itself by the best evidence it can procure or that is laid before it whether the same be such evidence as the law would re(pure or admit in other cases or not. 49. AV'here any charge against an officer is submitted to a Board procedure of Inquiry, such Board shall have the right to direct that the inquiry inquTry^°^'^'^ "' shall be held iu private. Jn any case where such Board finds that the charge is not i)roved, the Board may recommend that the reasonable expenses or any part thereof incurred by such officer in meeting such cliarge be paid, the amount of such expenses to be mentioned in such recommendation. Every such recommendation shall be considered by the Governor- General. In any case where a charge against an officer is submitted to a Board of Inquiry, a copy of all documents intended to be used at such inquiry shall where i)racticable be furnished to such officer at least seven days before such inquiry is held. 50. Any officer (exce])t officers of The Parliament) aftected by Appeals, any report or recommendation made or action taken under this Act other than a report or recommendation made or action taken under sections thirty -one, forty-six to forty-nine inclusive, sixty-five, sixty- six, and seventy-three thereof, may, iu such manner and within such time as may be prescribed, appeal to a Board, consisting of an Inspector, the C'hief Officer of the Dei>artment to which such officer belongs or an officer nominated by such (/hief Officer, and the rejtre- sentative of the Division to which such officer belongs elected under the Regulations by the officers of the Division to which such officer belongs in the State in which such officer performs his duties. The Board shall hear such appeal and transmit the evidence taken together with a recommendarion thereon to the Commissioner who shall thereuj)on determine such appeal. Provided that iu the case of reports or recommendation made by the Commissioner to the Governor-General all such a])i)eals must be taken before the reports and recommendation are dealt with by the Governor-General under the jirovisions of this Act . 916 PUBLIC Si:i{VI('E-^ Non-application to certain orticers. 51, Part IV. — Life Assiranck. This I'iirr (if this Art excc])t the hist section thereof shall Appointee to assure his life. Provision for increase of amount of policy. N.S.W. 1895 s. 63. Policy not assignable and to be exempt from insolvency laws &c. lb. N.Z. 1893 s. 13. Indorsement of policy. Deduction from salary of premiums in arrear. Provision for inability to assure. N.S.W. 1895 s. 63. not iipply to iiny persons who at the time of the transfer to the Conunonwealth of a D.^partinent of the I'uhlic Service of a State were otfieers of such l)e])artnient or to ;iny j)ersoii in the Pul)lic Service of a State who is appointed an officer or to any person temporarily ein]t]oye(h 52. Subject to the provisions of this Act every officer on the (•onlirmation of his appointment shall effect an assurance of his life with some life assurance coni])any or society a])i)rove(l by the Governor-General registered and carrying on business in the Commonwealth or as may be ])rescribed, providing for such benefits as may be prescribed and for increasing from time to time the amount assured. Provided that this section shall not apply to any officer who at the time of his ap[>ointment is already assured in such company or society for benefits e(piivalent to tliose ])rescribed. 53. Such assurance sliall lie continued by the assured ami not allowed to lapse, a,ud the amount thereof shall be inttreased by the assured from time to time in proportion as nearly as practicable to his salary as may be prescribed. 54. No such policy of assurance shall at any time be assignable or transferable either at law or in equity or be mortgaged or charged in any way either wholly or in part ; and the moneys there- by secured and the property and interest under such policy of the person assured shall be wholly exempt from the operation of any laws in force relating to bankruptcy or insolvency, and shall not be liable to be seized levied upon attached or sold upon by or under any legal process or in case of his death shall not be assets for the payment of his debts. 55. A copy of the last preceding section shall be indorsed on every policy of assurance issued for the purpose of compliance with the provisions of this Part. 56. It shall be .the duty of the company or society assuring any officer to notify in writing to the Chief Officer whenever the pre- miums of sucli officer are more than two months in arrear, or when- ever any })olicy is liable to lapse within one month, and to state the exact amount of arrears of premiums and fines (if any) payable thereon, and such amount if not sooner paid by the officer may be deducted from the next payment made to such officer on account of salary and shall be paid to such company. 57. — (L) Where a person is unable to assure his life or is unable to assure his life without a loading of five years or more being made upon his age and in sucli latter case is unwilling to assure his life he shall not thereby be discpialified for appointment or promotion, but a prescribed deduction shall be made at prescribed times from such person's salary. (2.) Such deductions shall be invested and accumulated in the prescribed manner by the Commissioner or some officer or authority Commonwealth Public Service Act 1902-1911. 917 Performance of duties and powers of officer in his absence. V. 1890 s. 122. N.S.W, 1895 s. 65. appointed for the purpose by the Governor-General ; and such accu- muhitions shall during tlie continuance of any such person in the Public Service be protected as hereinbefore in this Part prescribed with respect to moneys received by and ])roi)erty and interest under policies of assurance and shall be paid in full without any deduc- tion and with all interest accumulated thereon to such person on his ceasing to be a member of the Public Service or to his repre- sentatives on his death, whichever shall first happen, and in case of his death shall not be assets for the payment of his debts. 58. All officers of a Department transferred to the Common- Transferred wealth and all officers in the Public, Railway, or other Service of a cmtribatoto State so transferred, who by any law of a State had to contribute supwannuation to a Su})erannuation Fund, or to insure their lives, shall continue to be liable to pay the sum im])0sed by such law into the Treasury, and continue to keep up such insurance according to the provisions of such law. Part V, — Miscellaneous. Performance of Duties in Absence. 59. Where in or by any Act Order in Council rule regulation by- law contract or agreement any duty obligation right or power is imposed or conferred upon any officer in His Majesty's service (other than a Minister or judicial officer) in his capacity as such officer, such duty obligation right or power may be performed or exercised by any officer directed by the Governor-General to perform and exercise the duties obligations rights and powers of such first- mentioned officer during his temporary absence or incapacity, in the same manner and to the same extent in all respects as the same might have been respectively performed or exercised by such first- mentioned officer, and everything so done under the provisions of this section shall be as good and effectual for all purposes and against all persons whatsoever as if done by such first-mentioned officer. Transfer of Officer from State Service. 60. (a) Where a Department of the Public Service of a State has become transferred to the Commonwealth, every officer of such Department who is retained in the service of the Commonwealtl], or {b) where any officer in the Public, Railway, or other Service of a State is transferred to the Public Service of the Commonwealth, every officer so transferred, shall preserve all his existing and accruing rights <") and shall be entitled to retire from office at the time and on the pension or retiring allowance which would be permitted by the law of the State from which he was transferred if his service with the Commonwealth were a continuation of his service with such State.^*^ (a) As to what are existing and accruing rights, see Bond v. Commonwealth, (1903) 1 C.L.R. 13 ; Cousins V. Commonwealth, (1906) 3 C.L.R. 529. (6) For a somewhat similar provision regarding the transfer of officers of the Northern Territory to the Public Service of the Commonwealth, see Northern Territory Acceptance Act 1910, s. 12 {infra, p. 997). For the provision regarding the transfer of officers of the Territory of Papua to the PuiyUo Service of the Commonwealth, see Papua Act 1905, s. 19 {infra, p. 1011). As to whether the period of temporary employment of a person who was afterwards appointed a permanent officer may be taken into account in determining his right to superannuation allowance, see Hendy-Pooleu v. Commonwealth, (1912) 13 C.L.R. 609. C.11128.— VOL. II. F Application of Act to transferred officers. 63 & 64 Vict, c. 12 s. 84. 918 PUBLIC SEKVICK— Officers not British subjects to be Datiiralized. Rent charged to olflcers residing in Government buildings. V. 1890 s. 136. Q. 1896 s. 3. Effect of State 61. Foi" tlio puvposcs of tliis Act scrvicc in the Public, Railway, Pubhc bervicc. ^^^. otlicr Service of a State l)y any ])ei*son who becomes au olficer in the Public Service of the Conmionwealth shall be reckoned as service in the Public Service of the Commonwealth. KiRht of (^2. Any officer of a Department transferred to tlu' ( 'onimonwealth wsYoTto''' and any person in the Public, Railway, or other Service of a State officers of state gQ transferred who has qualified to take anv other position in the 8crviC6. '' . . service of a State j)rior to such transfer shall in the service of the Commonwealth retain all the rights to promotion or transfer he possessed in the service of the State at tlie time of such transfer. Officei'S not British Subjects to be Naturalized. 63. Every officer admitted to the Public Service before the com- mencement of this Act who is not a nHiural-l)orn or naturalized subject of His Majesty shall forthwith after the commencement of this Act, or so soon as he is qualified so to do, apply for and obtain a certificate of naturalization under the laws of the United Kingdom, or of the Commonwealth, or of a State. Rent Chargeable for Quarters, 64. If an officer occupies for the purpose of residence the whole or part of a building belonging to or occuined by the Commonwealth, the Governor-General may direct that a fair and reasonable sum as rent therefor be deducted from such officer's salary, and the amount of such sum not exceeding ten per centum on the salary of such officer shall be fixed by the Governor-General on the recommenda- tion of the Commissioner or by officers specially or generally appointed for the purpose by the Commissioner. In calculating for any purpose the rate of salary of such officer the amount so deducted as rent shall be deemed and taken to be part of his salary. Incapacity of Officers. 65. If an officer appears to the Commissioner after a report from the Permanent Head or au Inspector to be unfit to discharge or incapable of discharging the duties of his office efficiently the Com- missioner or any Inspector may refer the question to a Board of Inquiry, and if such Board finds that such officer is iinfit to discharge or incapable of discharging the duties of his office the Governor- General may on the recommendation of the Commissioner deal with such officer either by calling upon such officer to retire from the Public Service or by transferring him to some other position; and every such officer if called upon to retire shall retire accordingly. Forfeiture of Office. 66. — (1.) If an officer is on an indictment or presentment con- victed oit' any offence he shall be deemed to have forfeited his office and shall thereupon cease to perform his duties or receive his salary. (2.) If the estate of an officer is sequestrated either voluntarily or compulsorily for the benefit of his creditors, such officer shall apply as soon as he may legally do so to a Court of Insolvency for a certificate of discharge. If it appears to such court that the Services of incapable officer may be dispensed with. V. 1890 s. 131. N.S.W. 1895 s. 56. Q. 1896 s. -18. Forfeiture of office in certain cases. V. 1893 s. 30. N.S.W. 1895 S. 54. Sequestration of estate of officer. Commonwealth Public Service Act 1902-1911. 919 applicant has beeu g"uilty of fraud dishonorable conduct or extrava- Reportof judge, gance, such court shall direct the clerk of the court thereupon to report the same to the Minister or Permanent Head or Chief Officer of the Department in which such officer is employed. If such officer does not apply as aforesaid for such certificate of discliarge or if he applies and it appears from the report that such officer has been Action on guilty of fraud dishonorable conduct or extravagance, such officer ''^p^''*- may be dismissed from the Public Service or reduced to a lower division class or grade therein or fined reprimanded or otherwise punished by order of the Governor-General. Penalties. 67. On receiving noti(;e of any pecuniary penalty imposed upon Fines to be any officer under the anthority of this Act the officer who pays the f^\lfy^ ^^°^ salary of the officer so punished shall deduct the amount thereof from n.s.w. isqo such salary. *■ ^^' Leave of Absence and Holidays. 68. — (1.) Unless otherwise directed by the Minister of his Depart- Leave of ment the Chief Officer may grant to every officer of his Department re'cr^eauon"'^ leave of absence for recreation for any period or periods not exceeding v. isao s. 133. in the whole eighteen days in each year exclusive of Sundays and holidays and such Minister in cases of illness or other pressing necessity may grant such extended leave not exceeding three months and the Governor-General may grant leave not exceeding twelve months on such terms as may be prescribed. (2.) The Minister may grant to any officer leave of absence for recreation for any period not exceeding the number of days' leave of absence for recreation which the (yhief Officer might have granted to such officer during his service under this section not so granted by the Chief Officer. (3.) When the absence of an officer is not sanctioned there shall be Deduction of deducted from his salary his pay for each day of such absence. unLthorized (4.) The period of leave of absence for recreation which may lie absence. granted to officers of The Parliament or to officers stationed in i?"'. 51. *'*^' plac<'S remote from large centres of settlement or whose duties Limit of absenc» cannot ordinarily be performed within usual regular hours shall not officers!"* necessarily be limited to eighteen days, but shall be limited as may be prescribed. 69. — (1.) Where in case of illness any officer who has received Further extended leave of absence for twelve months is not so far recovered on*pound*of^^ as to be able to resume his duties, the Governor-General may grant '"ness. such officer further leave of absence. ^* ^^^^ *• ^*'' (2.) No such further leave of absence shall be granted for more than six months in all. (3.) For such further leave of absence no salary or allowance shall be piaid to such officer. (4.) Leave of absence in case of illness shall not be reckoned as nor included in leave of absence for recreation. 70. — (1.) On the application of any officer the Governor-General Leave without on the recommendation of the Commissioner may grant to him leave j*^g 29 of absence without pay for any period not exceeding twelve mouths. 920 PUBLIC SERVICE— Furlough. SukitltuUd by No. t«, 1811. Holidays. State Holidays. V. No. 15S4 s. i. (2.) The period durinfj wliich any officer is absent on leave granted pursuant to this section shall not for any purpose be included as part of such officer's period of service. 71. — (1.) When an officer has continued in the Public Service at least twenty years, the Governor-General may grant to him on the recommendation of the Commissioner leave of absence for a period not exceeding twelve months on half pay or six months on full pay. Where an officer not having been granted such leave of absence retires from the Public Service after at least twenty years' service, the Governor-General on the recommendation of the Com- missioner may grant such officer six montlis' pay upon retirement, or upon the death of any officer who has continued in the Public Service for at least twenty years and has not been granted leave of absence under the provisions of this section the Governor-General on the recommendation of the Commissioner may pay to the dependents of sucli deceased officer a sum equivalent to six months' salary of such officer. Provided that where an officer has been reduced in posi- tion or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted or in the event of retirement or death of an officer whether payment may be made under the conditions prescribed herein and as to the terms of such payment. (2). Where any person has become transferred from any position of a permanent nature in the Naval or Military Forces of the Commonwealth or of a State to the Public Service of the Common- wealth either directly or through the Public Service of the State, his services in the Naval or Military Forces shall for the purpose of furlough be reckoned as service in the Public Service. 72. — (1.) The following days or any days prescribed under the law of any State to be observed in lieu thereof in that State shall be observed as holidays in the public offices, namely : — first day of January, Commonwealth Day, Christmas Day and the following day, Good Friday and the following Saturday and Monday, the anniversary of the Birthday of the Sovereign, and any day proclaimed by the Governor-General or -required by any Act to be observed in lieu of any of the said days. (2.) Whenever any of the said days falls upon a Sunday the next following Monday shall be observed as a holiday in the public offices in lieu of such Sunday. (3.) Where by or under the law of a State any day or part of a day is appointed to be or is proclaimed as a public holiday or bank holiday or half-holiday throughout such State or in any part of such State, such day or half-day shall be observed as a holiday or half-holiday (as the case may be) in the public offices of the Commonwealth throughout such State or in such part of such State (as the case may be). (4.) The Governor-General may also by proclamation at anytime appoint in addition to the days hereinbef ire named any specified day or specified part of a day to he kept as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof. Commonwealth Public Service A ct 1 902- 1911. 921 (5.) The Minister of a Department or the Permanent Head or q. isoe ». 47. Chief Officer thereof may re(iuire such Department or any part thereof to be kept open in the public interest for the whole or any portion of a holiday and may require the attendance and services of any officer of such Department during any such holiday; but in that case every such officer sliall be granted in lieu thereof a holiday upon such other occasion as shall not interfere with public business. Retirement of Officers. 73. Brery officer having attained the age of sixty years shall be officers between entitled to retire from the Public Service if he desires so to do ; but flve^yea°r8 of\ge any such officer may (unless called upon to retire as hereinafter pro- bf caiitd'upon^ vided) continue in the Public Service until he attains the age of to retire, sixty-five years. If any such officer continues in the Public Service ^- 1®^° «• i*^- after he has attained the age of sixty years he may at any time ^;\^/ ^^^^ before he attains the age of sixty-five years be called upon by the Governor-General on the recommendation of the Commissioner to retire from the Public Service ; and every such officer so called upon to retire shall retire accordingly. 74. Every officer shall retire on attaining the age of sixty-five years officers unless he is required to continue to perform his duty in the Public * f^y-a vl to* °' Service as hereinafter provided and is able and willing so to do. requt^dto* continue. 75. Notwithstanding that an officer has attained the age of ^- ^^^° ^- ^**- o ^ ^ ^ ^ ./iN'S W 1895 sixty-five years if the Commissioner certifies that in the interests of s.69. ' the Public Service it is desirable that such officer should continue officers of age in the performance of the duties of his office or of any office in the may^e' Public Service to which lie may be appointed and that such officer is p^JbiS'^seriice able and willing to do so the Governor-General may direct such q^^'^^j^i^'"'^"'^' officer to continue in the Service for such fixed time not exceeding y. isoo s. 145. twelve months as the Governor-General in each case directs or n.s.w. ises , . 1 B. 69. durmg pleasure. Public Notifications. 76. Notices of all appointments promotions transfers retirements Notices to be vacations of office or removals of officers and of all Orders in Council s^^^"^^- or Proclamations under this Act shall be published in the Gazette ^ '^gg^ ^ gg_ within twenty-eight days after the making thereof by the Governor- General and every such notice shall be deemed and taken to be conclusive evidence of every such appointment promotion transfer retirement vacation of office or removal or of such Order in Council or Proclamation respectively. Sei'vice of Notices on Officers. 77. — (1.) In the event of the address for the time being of an as to officers officer being unknown to the Commissioner or any Inspector or ^'^u^no^^!" Permanent Head or Chief Officer or Board of Inquiry, as the case see v. 1893 may be, all notices orders or communications to or for such officer ^- ^^• shall be posted to the last-known address of such officer, and a ,.'62. ' notification of the fact of such posting shall be published in the Gazette. 922 PUBLIC SERVICE— Salaries not to exceed amount appropriated by The Parliament. Q. 1896 8. 61. Can. 1886 c. 17 ss. 27, 51. V. 1890 8. 138. Can. 1886 c. 17 8. 52. Officer not to engage in duties unconnected with his office. N.S.W. 1895 s. 64. V. 1890 3. 116. Q. 1896 s. 50. Effect as to companies. (2.) So far as regards any such notice order or comniunication compliance with sub-section (1) of this section shall he deemed a sufficient service of such notice order or communication on an officer whose address is unknown as aforesaid. (3.) Where any such notice order or communication relates to any charges made against an officer then if within a time specified in such notice order or communication no answer is received hy the authority asking whether the officer admits the truth of such charges, he shall he deemed to deny the truth of such charges, and such charges may he inquired into and dealt with in the absence of the officer affected. Payments. 78. — (1.) Nothing in this Act shall authorize the expenditure of jiny greater sum out of the Consolidated Revenue Fund by way of l)ayment of any salary than is from time to time appropriated by The Tarliament for the purpose.^"' (2.) Where money has been appropriated by The Parliament in any year for the salaries of officers in any division, if during the year for which the appropriation has been made any vacancy occurs in such division and is not filled up the Governor-General may apply the money so appropriated to the payment of any officer in a lower position in the same division. (3.) Payments of money to officers other than for salary or pre- scribed transfer or travelling allowances or expenses shall be made only under the authority of the Governor-General. Performance of Work outside Public Service. 79. — (l.) Except with the express permission of the Governor- General which permission may at any time by Order in Council be withdrawn no officer shall — {a) accept or continue to hold an office in or under the Govern- ment of any State or in or under any public or municipal corporation ; or {b) accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any l)anking insurance mining mercantile or other commercial busi- ness, whether the same be carried on by any corporation company firm or individual ; or ((?) engage in or undertake any such business whether as principal or agent ; or {d) engage or continue in the private practice of any profession ; or {e) accept or engage in any employment oiner than in con- nexion with the duties of his office or offices under the Commonwealth. (2.) Nothing herein contained shall be deemed to prevent an officer from becoming a member or shareholder only of any incor- porated company or of any company or society of persons registered under any Act in any State or elsewhere. (o) Held by the High Court that this section has no operation upon the " existing rights " declared by section 84 of the Constitution to be preserved. Bond v. Commonwealth, (1903) 1 C.L.R. 13. Nor is it an answer to a claim for damages for wrongful dismissal from the Service. Williamson v. Com- monwealth, (1907) 5 C.L.R. 174. But where a claim to a higher salary depends on this Act and not on the Constitution, it is a fatal objection to the claim if Parliament has not provided any money for the payment of a higher salary. Cousins v. Commonwealth, (1906) 3 C.L.E. 529. Commonwealth Public Service Act 1902-1911. 923 Regulations. 80. The Governor-General may make alter or repeal regulations Regulations. for the carrying out of any of the provisions of this Act and in par- ticular for all or any of the following purposes namely : — {a) for arranging the Professional Division into classes and the General Division into grades, and for determining the limits of salaries and wages to be paid to persons in such classes or grades in the different Departments or in any specified Department ; {b) for the conditions under whicli officers of the Clerical and General Divisions may be transferred to the Professional Division ; (c) for examinations for fixing the fees payable for entrance ex- aminations, and for registering in the order of merit the names of all persons who have passed the entrance ex- aminations, and of those candidates who having qualified at any such examination may be appointed to fill subse- Amended by quent vacancies arising within eighteen months thereof ; ^\ ' °'' (d) for prescribing the rates of salaries or wages for women employed otherwise than in the Clerical Division, and the terms upon which the service of female officers may be dispensed with upon their marriage. Provided that nothing herein shall be taken to permit the employment of any married woman except upon the certificate of the Commisioner in each case that such employment is desirable ; (e) for constituting in any part of the Commonwealth or for any locality or Department in any locality Boards of Inquiry for the purpose of investigating charges against any officer for breaches of the provisions of this Act or any regulations thereunder or of being unfit to discharge or incapable of discharging the duties of his office efficiently or of committing any offence for wdiich an officer may be suspended from duty, and for regulating the procedure of such Boards ; (/") for regulating and fixing for breach of any specified regu- lation penalties not exceeding Fifty pounds according to the nature and gravity of the oftence ; (g) for regulating and determining the scale or amount to be paid to officers for transfer or travelling allowances or expenses or for living in localities where the climatic conditions are severe or in places where owing to their situation the cost of living is exceptionally high ; and providing for the relief and transfer of officers employed in any such locality after having been so employed for the period prescribed for that locality ; (k) for prescribing the form of Register of ap])licants for tem- porary employment, and the mode of keeping the same in each State, and the mode of selecting persons therefrom and also the method of dealing with or punishing persons temporarily employed ; 924 PUBLIC SERVICE— (i) for regnlatin<>- the hours of atteiuhmce of officers, and the keeping and signing" of records of attendances, or pre- scribing other methods of recording attendances; (;") for regnhxting the performance of and payment of officers for extra services and the payment of examiners; (k) for tixing tlie amount and nature of the security to })e given for the tidelity of officers occupying positions the nature of whicli in the ojniiion of the (commissioner renders it necessary for such officers to find security for their fidelity; (/) for fixing the maximum or minimum age of persons who may be a])pointed to any ])articular division or class or grade or to any particular office ; (m) for providing for a notification to the Commissioner of every punishment inflicted on any officer by virtue of this Act and for keei)ing records thereof ; (w) prescribing the lowest amount for which the lives of officers shall having regard to their annual salary be assured and other matters in connexion with the provisions of this Act relating to life assurance ; {o) for determining the dates times or periods of time at or within which shall be done all things and acts required or permitted by this Act to be done, and in respect of which no dates times or periods of time are specifically provided ; and (p) for notifying all vacancies and the method of applying for such vacancies. Publication of Regulations made pursuant to this Act may be made either oaz"«e.'°'" "* generally or with respect to any particular case or class of cases, and N.s.w. 1895 when made by the Governor- General and published in the Gazette 55 & 56 Vict shall have full force and efiect ; and such regulations shall be laid c. 23 8. 21. before both Houses of The Parliament, within seven days of publication in the Gazette if The Parliament is in session and actually sitting, or if The Parliament is not in session or not actually sitting then within seven days after the commencement of the next session or sitting. SCHEDULES. Section 2. FIRST SCHEDULE. Departments. («/ The Department of External Affairs. The Attorney-General's Department. The Department of Home Affairs. The I )epartment of the Treasury. The Department of Trade and Customs. The Department of Defence. The Postmaster-General's Department. (a) See footnote (b), supra, p. 898. Commonwealth Public Service Act l902-i911. 926 SECOND SCHEDULE. BMtlon 12. Pkrmanent Heads of Departments. The Secretary to the Department of External Afifairs. The Secretary to the Attorney-General's Department. The Secretary to the Department of Home Affairs. The Secretary to the Department of the Treasury. The Comptroller-General of Customs. The Secretary to the Department of Defence. The Secretary to the Postmaster-General's Department. THIRD SCHEDULE. Scale SnowaNG Rates of Annual Salaries of Officers in the ClbRical Division. Bettion 19. Subttltultd by No. 26, 1911, •■7. Annual Salary of Subdivision of Class. Class. First Subdivision. Second Subdivision. d o > o Si > 5-° o s p o 2 > .2 "> .2 S CCOQ vim o SI § Km First Class Second Class . . Third Class Fourth Class . . Fifth Class £ 620 420 310 210 60 £ 540 440 335 235 72 £ 560 460 360 260 84 £ 580 480 380 280 102 £ 600 500 400 300 120 £ 138 £ 156 £ 168 £ 180 026 PUBLIC service- Commonwealth Salaries Act 11)07. No. 7 of 1907. Preamble. Short title. Taxation by States of Commonwealth salaries. An Act relatiiio' to the Taxntion by the States of Salaries and Allowances paid by the Common- wealth.^"^ [Assented to 8th October, 1907.] WHEREAS it is expedient that the Parliament should allow the salaries of officers of the Commonwealth, and the allowances of Members of the Parliament, earned in any State, to be subject to taxation in common with other salaries earned in the State: Be it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1 . This Act may be cited as the Commonwealth Salaries Act 1907. 2. The taxation by a State, in common with other salaries earned within the State, of — (a) the official salaries of officers of the Commonwealth residing in the State earned in the State after the commencement of this Act ; and (6) the allowances and salaries, paid after the commencement of this Act, of Members of the Parliament elected in the State and of Ministers of State for the Commonwealth, and the Presiding Officer and Chairman of Committees of each House of the Parliament, all being respectively Members of the Parliament elected in the State, shall not, if the taxation is not at a higher rate or to a greater extent than is imposed on other salaries of the same amount earned in the State, be deemed — (c) to be an interference with the exercise of any power of the Commonwealth, or {d) to be inconsistent with any Act by or in pursuance of which the salary is fixed or made payable. (a) Held by the High Court that this Act is an effective grant to the States of authority to impose upon Commonwealth oflBcers taxation in respect of their salaries, subject to the conditions stated ^n this Act. Chaplin v. Commissioner of Taxes for South Australia, (1911) 12 C.L.B. 375. Commonwealth Salaries Act 1907. 927 Provided that nothing in this Act shall be deemed to authorize the taxation by a State — (i.) of the salary of an officer of the Commonwealth, unless the officer resides, and the salary is earned, in that State; or (ii.) of the allowance or salary of a Member of the Parliament, or of a Minister of State, or of the Presiding Officer or Chairman of Committees of either House of the Parlia- ment, unless he is a Senator or Member of the House of Representatives elected in that State. Provided further that Members of the Parliament, Ministers of State for the Commonwealth, and the Presiding Officer and Chairman of Committees of each House of the Parliament shall be deemed to have resided in and earned the whole of their allowances or salaries within the State in which they were elected. 3. This Act shall not apply to the salary of tb^ Governor- salary of r\ ^ ■»■•«■•' •' Governor- IjreneraJ GeneraL 928 QUARANTINE- QUARANTINE. Quarantine Act lUOS.'") Short title. Commencement. No. 3 of 1908. An Act relating to Quarantine. [Assented to 30th March, 1908.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — Part I. — Introductory. 1. This Act may be cited as the Quarantine Act 1908. Parts. 2. This Act shall commence on a day to be fixed by proclamation. 3. This Act is divided into Parts, as follows : — (b) Part Part Part Part Part Part I. — Introductory. II. — Administration, III. — General Provisions. IV. — Quarantine of Vessels Persons and Goods. Division 1. — Liability to Quarantine. Division 2. — Performance of Quarantine. V. — Quarantine of Animals and Plants. VI. — Expenses of Quarantine. Scope of Quarantine. General defini- tions. Part VII. — Miscellaneous. 4. In this Act, Quarantine has relation to measures for the exclusion, detention, observation, segregation, isolation, protection, and disinfection of vessels, persons, goods, animals, or plants, and having as their object the prevention of the introduction or spread of diseases or pests afiecting man, animals, or plants. 5. In this Act, unless the contrary intention appears — " Australian vessel " means a vessel which does not voyage or ply to or from any place outside Australia : " Authorized person " means a person authorized by this Act or the regulations, or by the Minister or a quarantine officer, to do the act in relation to which the expression is used : (a) This Act lias siiicii been amended by tlie Quarantine Act 191:i (No. 15 of 1912), which will bo found in No. XI. of tlie Sessional Volumes of Commonwf alth Acts, page 24. (6) Proclaimed to commence 1st July, 1909. See Gazette, 5th June, 1909, p. 1175. Quarantine Act 1908. 929 " By authority" means by the authority of the Minister, or of a quarantine officer, or of an officer under this Act doing duty in the matter in relation to which the expression is used: *' Disease " in rehition to animals, means glanders, farcy, pleuro- pneumonia contagiosa, foot and mouth disease, rinderpest, anthrax, Texas or tick fever, hog cholera, swine plague, mange, scab, surra, dourine, rabies, tuberculosis, actinomy- cosis, variola ovina, or any disease declared by the Go- vernor-General by proclamation to be a disease affecting animals i "Disease" in relation to plants, means any disease or pest de- clared by the Governor-General by proclamation to be a disease afiecting plants: " Goods" includes all kinds of movable property: " Master " in relation to a vessel means the person (other than a pilot) in charge or command of the vessel : " Medical Officer " in relation to a vessel means any person on the vessel acting as the medical officer, doctor, or surgeon of the vessel : " Officer " means a quarantine officer or other officer appointed under this Act : " Oversea vessel " means any vessel other than an Australian vessel : ** Package " includes every means by which plants are cased, covered, enclosed, contained, or packed for carriage : " Plants " means trees or plants and includes cuttings and sUps of trees and plants and all live parts of trees or plants and fruit: " Pratique," in relation to a vessel, means a certificate of pratique granted by a quarantine officer since the last arrival of the vessel from places outside Austraha, and having efEect at the port or place where the vessel is for the time being, or is about to arrive : '' Quarantinable disease " means small-pox, plague, cholera, yellow fever, typhus fever, or leprosy, or any disease declared hy the Governor-General, by proclamation, to be a quarantinable disease : " Quarantine Officer " means a quarantine officer appointed under this Act : " Unauthorized person " means a person not authorized by this Act or the regulations, or by the Minister or a quarantine officer, to do the act in relation to which the expression is used : " Vessel " means any ship, boat, or other description of vessel used in navigation. 930 QUARANTINE— Saving of past operations of State qiiaran« tine Acts. No appropria- tion. Administration. Appointment of officers. Delegation of autiiority. Arrangements witli State Governments to aid in carrying out tiiis Act. Proclaimed places. Proclamation of ports of entry, e made therein. 7. A copy of the writ and a copy of the proposed law or of the statement (if any) attached to the writ sliall immediately after the issue of the same be forwarded to the Governors of the several States. 8. The original writ shall be forwarded to the Chief Electoral Officer, who shall forthwith after the receipt thereof — («) forward copies of it to the Commonwealth Electoral Officers for the several States; and (b) insert in the Gazette a notification of the receipt and particulars of the writ, and a copy of the proposed law or of the statement (if any) attached to the writ. 9. The Commonwealth Electoral Officer for each State shall forthwith after the receipt of the copy of the writ — (a) give notice of the receipt and particulars of the writ by advertisement in two or more newspapers circulating in the State, which notice shall include a copy of the proposed law or a copy of the statement (if any) attached to the writ ; and (b) cause copies of the proposed law or of the statement (if any) attached to the writ to be exhibited at Post Offices and Customs Houses in the State, and at such other places in the State as the Chief Electoral Officer directs ; and (c) forward a copy of the wi'it and of the proposed law or of the statement (if any) attached to the writ to each Divisional Returning Officer and Assistant Returning Officer. 10. Each Divisional Returning Officer and Assistant Returning Officer shall, subject to this Act, and to the directions of the Com- monwealth Electoral Officer for the State, forthwith take all such steps as are necessary to be taken on his part to carry the writ into effect. 10a. — (1.) At a referendum the following electors only shall be admitted to vote — {a) Electors whose names are on an Electoral Roll at the time of the issue of the writ ; and (b) Electors whose names are placed on an Electoral Roll in pursuance of any claim, application to transfer, or change received before the time of the issue of the writ. (2.) For tlie purposes of this section, the writ shall be deemed to have been issued at six oV-lock in the afternoon of the day on which it was issued. Referendum {Constitution Alteration') Act 1906-1 010. 963 (3.) Nothino^ in tliis section shall be deemed to entitle auy person, who is disqualified from voting-, to vote. Part III. — Voting at the Referendum. 11. The voting: at the referendum shall, suhject to this Act, he votine sent free by post. No. 20, 1909, *. 8. Forms. No. 20,1909, S. 8. THE SCHEDULE. Form A repealed; No. 20, 1909, S.8. (a) This Part was inserted by Act No. 20, 1909, s. 8. Form B repealed; No. 20, 1909, 1.8. 958 REFERENDUM. Form D repealed; No. 20, 1909, s. 8. FORM C. Commonwealth of Australia. The Referendum {Constitution Alteration) Act 1906. Ballot-paper. State of [here insert name of State]. Submission of a proposed Law for the Alteration of the Constitution entitled [here insert title of proposed law] to the Electors. Directions to Voter. — The voter should indicate his vote as follows : — If ho approves of the proposed law he sliould make a cross in the square opposite the word " Yes ". If he does not approve of the proposed law he should make a cross in the square opposite the word " No ". Question : — Do you approve of the proposed law for the alteration of the Consti tution entitled [here set out the title of the proposed law] ? D ™- □ NO. FORM E. Commonwealth OF Australia. Writ for a Referendum. His Majesty the King. To the Chief Electoral Officer for the Commonwealth and to the Commonwealth Electoral Officers for the several States and to all others whom it maj^ concern : Greeting : We command you that you cause a proposed law entitled [here set out the titl". of the proposed law and add " a copy of which is attached hereto " or " a statement of which is attached hereto " as the case requires] to be submitted, according to law, in each State to the electors qualified to vote for the election of Members of the House of Representatives : And we appoint the following dates for the purposes of the said • submission : — 1. For taking the votes of the electors of 19 . 2. For the return of the Avrit on or before of 19 . Witness [here insert Governor-General's title and the date]. the the day day Governor- General. By His Excellency's Command. Royal Commissions Act 1902. EOYAL COMMISSIONS. 959 Royal Commissions Act 1902.(<'> No. 12 of 1902. An Act relating' to Royal Commissions.^^^ [Assented to 8tli September, 1902.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may he cited as the Royal Commissions Act 1902. 2. Whenever the Governor-General by letters patent under the Great Seal of the Commonwealth issues a Commission to any persons to make any inquiry, the President or Chairman of the Commission, or the sole Commissioner as the case may be, may by writing under his hand summon any person to attend the Commission at a time and place named in the summons, and then and there to giyo, evidence and to produce any books documents or writings in his custody or control material to the subject-matter of the inquiry. 3. Any of the Commissioners may administer an oath to any person appearing as a witness before the Commission, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath. 4. — (1.) Where any witness to be examined before the Com- mission conscientiously objects to take an oath, he may make an afltirraatiun that he conscientiously objects to take an oath, and that he will state the truth, the whole truth, and nothing but the truth, to all questions that may be asked him. (2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath. 5. If any person served with a summons to attend the Com- mission, whether the summons is served personally or by being left at his usual place of abode, fails without reasonable excuse to attend the Commission, or to produce any documents, books, or writings in his custody or control which he was required by the summons to produce, he shall be liable, on summary conviction, to a penalty not exceeding Fifty pounds. (a) Tliis Act has since been amended by the Royal Commissions Act 1912 (No. 4 of 1912), which will be found in No. XI of the Sessional Volumes of Commonwealth Acts, page 4. A copy of the Royal Commissions Act 1902, as amended by the Royal Commissions Act 1912, will be found in Appendix B to that volume. (6) In Colonial Sugar Refining Co. Ltd. v. Attorney-General of the Commonwealth, (1912) 18 A.L.R. 429, (a case whicli arose under this Act, as amended in 1912), the High Court discussed the nature of the questions which may be asked by a Royal Commission appointed by the Commonwealth. The Court (Griffith, C.J., and Barton, J., Isaacs, J., and Higgins, J., dissenting), granted an interim injunction restraining the Royal Commission in question from requiring a witness to answer certain questions and produce certain documents. On the application of the Attorney-General, the Court granted a certificate under section 74 of the Constitution, that so far as the question whether the Parliament has power to make laws for the compulsory examination of witnesses by Royal Commissions, touching matters which are not within the ambit of the existing legislative powers of the Common- wealth, that is to say, such powers as may now be exercised without an amendment of the Constitution under the provisions of section 128, is a question as to the limits inter se of the constitutional powers of the Commonwealth and those of any State or States, the question is one which ought to be determined by His Majesty in Council. See Colonial Sugar Refining Co. Ltd. v. Attorney-General of the Common- wealth {No. 2), (1912) 18 A.L.R. 556. Short title. Power to send for witnesses and documents. Power to examine upon oath. Affirmation in lieu of oath. Penalty for failing to attend or produce documents. 9G0 ROYAL COMMlStSlON^. ronalty for refusing to be sworn or to give evidence. Protection to Commissioners. Protection to and liability of witnesses. Allowances to witnesses. 6. it' any person appeiiriii*^ us a witness before the Coiuinission refuses to he sworn or to nuike tin attirniiition or to answer any (question j)nt to him by any of the Commissioners toiicliing the snhject-matter of the in({uiry he shall be liable on summary convic- tion to a penalty not exceeding Fifty pounds. 7. — (1.) Every such (Jommissioner shall in the exercise of his duty as (Jimimissioner have the same ])r()te('ti()ii and immunity as a Justices of the Hiyal»Je in respect oi a shi]) : — s. 649.' * Recovery of light dues. lb. s. 649. Enforcement of light dues. lb. s. 650. Detention of ship. lb. s. 651. Kig-hts of agent who has paid light dues. lb. s. 6i9 (2). Injuring light- houses, &o. lb. s. 666. (a) the owner or master of the ship ; and (b) any consiguee or a<>^ent of the ship who has paid or made himself liable to pay any charge on account of the ship. 15. The light dues payable in respect of a ship may be recovered in any conrt of summary jurisdiction by proceedings in the name of the Collector. 16. — (1.) If the owner or master of any ship fails, on demand of the Collector, to pay the light dues payable in respect of the ship, the Collector may, in addition to any other remedy, enter upon the ship and distrain the goods or equipment belonging to or on board the ship, and detain them until the light dues are paid. (2.) If payment of the light dues is not made within the period of three days next following the distress, the Collector may, at anytime during the continuance of the non-payment, sell the goods distrained, and apply the proceeds in payment of the light dues payable, together with all reasonable expenses incurred by him under this section, and shall on demand pay the surplus (if any) to the owner or master of the ship. 17. Any ship in respect of which light dues are payable may be detained by any officer of Customs at any port in Australia until the light dues so payable are paid. 18. The consignee or agent of a ship may, out of any moneys received by him on account of the ship, or belonging to the owner thereof, retain the amount of all light dues paid by him in resjoect of the ship. Offences. 19, — (1.) A jDcrson shall not — (a) wilfully or negligently injure, damage, destroy, or run foul of any lighthouse or marine mark the j)roperty of the Commonwealth, or any light exhibited on any such lighthouse or marine mark or any ship, vessel, stores, equipment, or other property used by the Commonwealth in connexion with the lighthouse or marine marks service ; (b) wilfully or negligently do anything which causes the view of any lighthouse or marine mark to be obstructed in such a manner as to lessen its efficiency ; (c) without lawful authority remove, alter, ride by, or make fast to any marine mark the jjroperty of the Commonwealth ; or (f/) trespass on or without lawful authority enter or go upon any lighthouse or marine mark, or any ship, vessel, or property used by the Commonwealth in the lighthouse or marine marks service. Penalty : One hundred pounds. Sea-Carnage of Goods Act 1904. 975 (2.) In addition to the penalty, any o£fender may be ordered to pay the amonnt of the dama<>-e cansed by the commission of the offence, or the cost of repairing, rephxcing, or reinstating the lighthouse or marine mark. (3.) Where any damage to any lighthouse or marine mark is caused by any shi]), tlie damage shall be charged on the shi]), and the ship may be detained by any officer of Customs until the amount of the damage is paid. Regulations. 20. The Governor-General may make regulations, not inconsistent Regulations with this Act, j)rescribing all matters which by this Act are due"!'' ''^'^'^ required or ])ermitted to be prescribed, or which are necessary or cf. m.s.a. i894, convenient to be prescribed, for carrying out or giving effect to this ^" ^**' Act. Sea-Carriage of Goods Act 1904. No. 14 of 1904. An Act relating to the Sea-Carriage of Goods. [Assented to 15th December, 1904.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — 1. This Act may be cited as the Sea-Carriage of Goods Act 1904. short title. 2. This Act shall .commence on the first day of January, One commencement thousand nine hundred and five. 3. In this Act, " goods " includes every description of wares, Definition. merchandise, and things, except live animals. 4. — (1.) This Act shall apply only in relation to ships carrying Application of goods from any place in Australia to any place outside Australia, or from one State to another State, and in relation to goods so carried, or received to be so carried, in those slii[)s. (2.) This Act shall not apply to any bill of lading or document made before the thirtieth day of June, One thousand nine hundred and five, in pursuance of a contract or agreement entered into before the seventeenth day of November, One thousand nine hundred and four. 976 SHIPPIxNG- Certain clauses prohibited in bills of ladinj^. Cf. U.S. 1893 c. 105, ss. 1 .ind 2. N.Z. 1903, No. 96. s. 300. 5. Where any bill of larling or doc u in cut, contains any clause covenant or a*^reement whereby — (a) the owner, charterer, master, or agent of any ship, or the ship itself, is relieved from liability for loss or damage to goods arising from the harmful or improper condition of the ship's hold, or any other i)art of the ship in which goods are carried, or arising from negligence, fault, or fiiilure in the pro})er loading, stowage, custody, care, or delivery of goods received by them or any of them to be carried in or by the ship ; or (b) any obligations of the owner or charterer of any ship to exercise due diligence, and to properly man, equip, and supply the ship, to make and keep the ship seaworthy, and to make and keep the ship's hold refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage, and preservation, are in any wise lessened, weakened, or avoided ; or (c) the obligations of the master, officers, agents, or servants of any ship to carefully handle and stow goods, and to care for, preserve, and properly deliver them, are in any wise lessened, weakened, or avoided**), that clause, covenant, or agreement shall be illegal, null and void, and of no effect. Construction and jurisdiction. 6. All parties to any bill of lading or document relating to the carriage of goods from any place in Australia to any place out- side Australia shall be deemed to have intended to contract accord ing to the laws in force at the place of shipment, and any stipulation or agreement to the contrary, or purporting to oust or lessen the jurisdiction of the Courts of the Commonwealth or of a Fitate in respect of the bill of lading or document, shall be illegal, null and void, and of no effect. Penalties. 7. The owucr, charterer, master, or agent of a ship shall not — (a) insert in any bill of lading or document any clause cove- nant or agreement declared by this Act to be illegal, or (b) make, sign, or execute any bill of lading or document con- taining any clause covenant or agreement declared by this Act to be illegal. Penalty : One hundred pounds. Implied clauses 8. — (1.) Ill cvcry bill of lading with respect to goods a warranty iTding!" shall be implied that the ship shall be, at the beginning of the voyage, seaworthy in all respects and properly manned, equipped, and supplied. (a) Held by the District Court, Brisbane, Queensland, that a clause In a shipping receipt providing that " No claim for cargo lost, damaged, or destroyed is recoverable, unless made in writing at port of destination within seven days from the date such cargo was or should have been landed," is a clause whereby the obligations of the master, officers, agents, and servants of the ship to care for, preserve, and properly deliver goods entrusted to them as carriers are lessened, weakened, and may be avoided within the meaning of this paragraph, and that the clause is therefore illegal, null and void, and of no effect. Dimond v. William Collin and Sons Ltd., 1912 Q.W.N. 1. Seameii's Compensatioti Act l'.)ll. 977 (2.) In every bill of lading with respect to goods, unless the contrary intention appears, a clause shall be implied where- by, if the ship is at the beginning of the voyage seaworthy in all respects and properly manned, equipped, and supplied, neither the ship nor her owner, master, agent, or charterer shall be resj)onsible for damage to or loss of the goods resulting from — (a) faults or errors in navigation, or (b) perils of the sea or navigable waters, or (c) acts of God or the King's enemies, or (d) the inlierent defect quality or vice of the goods, or (e) the insufficiency of package of the goods, or {/) the seizure of the goods under legal process, or (g) any act of omission of the shipper or owner of the goods, his agent or representative, or (h) saving or attempting to save life or. property at sea, or (?) any deviation in saving or attempting to save life or property at sea. Seamen's Compensation Act 1911. No. 13 of 1911. An Act relating to compensation to Seamen for injuries suffered in the course of their employment. [Assented to I8tli December, 1911.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Common- wealth of Australia, as follows : — 1. This Act may be cited as the Seamen's Compensation Act 1911. short title. 2. This Act shall commence on a day to be fixed by proclamation.^"^ commencement. 3. — (1.) In this Act, unless the contrary intention appears — Definitions. " The Comptroller-General " means the Comptroller-General of c.^58,^1^73.'' Customs : (a) Proclaimed to commence 15th February, 1912. See Gazette, 17th February, 1912, p. 215. SHIPPING— " County Court " means a County Court, District Court, or Local Court of any State, or any Court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a Judge or a Police, Stipendiary, or Special Magistrate : " Dependants " means such of the members of the seaman's family as were wholly or in part depeii'ient upon the earnings of the seaman at the time of his death, or who would, but fo- the incapacity due to the accident, have been so dependent ; and where the seaman — (a) being the parent or grandparent of an illegitimate child, leaves the child so dependent upon his earnings, or (b) being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, mcludes such an illegitimate child and parent or grand- parent respectively : " Employer " includes any body of persons corporate or unincor- porate, and the legal personal representative of a deceased employer, and, where the services of a seaman are tempo- rarily lent or let on hire to another person by the person with whom the seaman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the seaman whilst he is working for that other person : " Judge of a County Court " includes the Judge of a County Court, District Court, or Local Court, and also any Police, ■ Stipendiary, or Special Magistrate presiding or having jurisdiction to preside over a County Court as defined by this Act : " Member of a family " means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister : " Port " includes place and harbor : " Seaman " includes master, officer, apprentice, pilot, or other person employed or engaged in any capacity on board a ship in connexion with the navigation or working of the ship : " Ship " includes every vessel used in navigation not ordinarily propelled by oars : " Vessel " means any ship, boat, or any other description of vessel used for any purpose on the sea or in navigation. (2.) Any reference to a seaman who has been injured shall, where the seaman is dead, inc'ude a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payable. Seamen s Compensation Act 1911. 979 4. — (1,) Subject^"^ to sub-section (2.) of this section, this Act shall Application of apply to the employment of seamen on any of the following ships : — (a) ships in the service of the Commonwealth, other than the Naval or Military Service ; (6) ships trading with Australia, or engaging in any occupation in Australian waters, and being in the territorial waters of any Territory which is part of the Commonwealth ; and (c) ships engaged in trade and commerce with other countries or among the States. (2.) In the case of ships not registered in Australia, this Act shall, as regards paragraphs (6) and (c) of sub-section (1.) of this section, only apply in relation to seamen shipped under articles of agreement entered into in Australia, and then only while the ships are subject to the law of the Commonwealth. 5. — (1.) If personal injury by accident arising out of and in the compensation course of the euiP'Oyment is caused to a seaman, his employer shall, infunM'to* subject to this Act, be liable to pay compensation in accordance s^^men. with the First Schedule to this Act. ch. as, s. i. ' (2.) Provided that— (a) the employer shall not be liable under this Act in respect of any injury which does not disable the seaman, for a period of at least one week, from earning full wages : (6) a seaman shall not be entitled to recover compensation both independently of and also under this Act; but subject to this paragraph this Act shall not afiect any civil liability of an employer under any other law : (c) if it is proved that the injury to a seaman is attributable to his serious and wilful misconduct, any compensation claimed in respect of that injury shall, unless the injury results in death or serious and permanent disablement, be disallowed : {d) in the case of the death of a seaman leaving no dependants, ib. s. 7 (i)(d). no compensation shall be payable under this Act if the owner of the ship is under any Act, Imperial Act, or State Act liable to pay the expenses of burial : (e) if it appears that the claimant has a claim for compensation for the injury under any law of the United Kingdom or of (a) Section 4 of the Seamen's Compensation Act 1909, (which Act in other respects was almost iden- tical with this Act), was as follows : — " 4. — (1.) This Act applies in relation to the employment of seamen — (a) on any ship registered in the Commonwealth when engaged in the coasting trade or in trade with other countries ; or (b) on any ship (whether British or foreign) engaged in the coasting trade, if the seamen have been shipped under articles of agreement entered into in Australia ; or (c) in the service of the Commonwealth, other than the Naval or the Military Service. " (2.) A ship shall be deemed to be engaged in tlie coasting trade, within the meaning of this section. If she takes on board passengers or cargo at any port in a State, or in a Territory under the authority of the Commonwealtli, to be carried to and landed or delivered at any port in the same State or Terri- tory, or in another State or Territory." It was held by the High Court that the provisions of this section, in so far as they purported to regulate purely intra-State trade, were ultra vires section 51 (i.) of the Constitution, and (Higgins, J., dissenting) that the vahd and invalid provisions of the Act were inseparable and the whole Act was therefore invaUd. Owners of s.s. " Ealibia " v. Wilson, (1910) 11 C.L.R. 689. (Note. — In consequence of this decision the 1909 Act was repealed during 1911, and the present Act passed in its stead.) 98U SHIPPING— any other part of the King's Dominions or of any foreign country, compensation under this Act shall only be allowed upon the claimant un^lertaking not to claim compensation for the injury under any such law. (.■).) If any question arises, m any proceedings under this Act, as to the liability to i)ay compensation under this Act (including any question as to whether the person injured is a seaman to whom this Act applies), or as to the amount or duration of compensation under this Act, th ' question, if not settled by agreement, shall, subject to the provisions of the First Schedule to this Act, be settled by arbitra- tion, in accordance with the Second Schedule to this Act, or by proceedings in a County Court. (4.) Any undertaking given in pursuance of paragraph (e) of sub-section (2.) of this section shall have effect as a contract between the claimant and the person from whom the compensation is claimed. rime for taking 6. — (1.) Proceedings for the recovery under this Act of compensa- f. 6Ed\v. 7, tion for an injury shall not be maintainable unless notice of the ch. 68, 3. 2. accident has been given as soon as practicable after it has happened, and before the seaman has voluntarily left the employment in which he was injured, and unless the claim for compensation has been made — (a) within six months from the occurrence of the accident, or, (6) in case of death — within six months after news of the death has been received by the claimant, or, (c) in the case of a ship lost with all hands — within eighteen months after the date when she is deemed under section twelve of this Act to have been lost with all hands. Provided always that — lb. 8. 7(1) (a) (a) where the accident happened and the incapacity commenced on board the ship, it shall not be necessary to give any notice of the accident ; (6) the want of or any defect or inaccuracy in the notice shall not be a bar to the maintenance of proceedings if it is found, in the proceedings for settling the claim, that the employer is not, or would not, if a notice or an amended notice w^ere then given and the hearing postponed, be prejudiced in his defence by the want, defect, or inaccuracy, or that the want, defect, or inaccuracy was occasioned by mistake, absence from AustraHa, or other reasonable cause ; and (c) the failure to make a claim within the period above specified shall not be a bar to the maintenance of proceedings if it is found that the failure was occasioned by mistake, absence from Australia, or other reasonable cause. (2.) Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which the accident happened, and shall be served on the employer, or, if there is more than one em- ployer, upon one of the employers. Seamen's Compensation Act 1911. 981 (3.) The notice may be served by delivering it to the person on whom it is to be served, or by sending it by post in a registered letter addressed to him at his residence or place of business. (4.) Where the employer is a body of persons, corporate or unin- corporate, the notice may be served by dehvering it attlieofhceor one of the ofiices of the employer, or by sending it by post in a registered letter addressed to the employer at one of the offices of the employer. (5.) Except where the person injured is the master, the notice of cf. 6Edw. 7ch. accident and the claim for compensation may be served on the master, ^*' *• "^ ^^^ ('•^• as if he were the employer. 7. — (1.) Where any person (in this section referred to as the sub- principal) in the course of or for the purposes of his trade or business, *=°"*''*<=*'"^- contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any seaman employed in the execution of the work any compensation under this Act which he would have been liable to pay if that seaman had been immediately employed by him ; and where compensation is claimed from or proceedings are taken against the principal, then in the application of this Act, references to the principal shall be substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the seaman under the employer by whom he is immediately employed. (2.) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the seaman indepen- dently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by arbitration under this Act, or by action in any County Court. (3.) Nothing in this section shall be construed as preventing a seaman recovering compensation under this Act from the contractor instead of the principal. 8. — (1.) Where any employer has entered into a contract with any Provisions as insurers in respect of any liabihty under this Act to any seaman, '^off^,cy^ then, in the event of the employer becoming bankrupt, or making a "f employer, composition or arrangement with his creditors, or if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in the laws relating to bank- ruptcy, and the winding up of companies, be transferred to and vested in the seaman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, but so that the insurers shall not be under any greater liability to the seaman than they would have been under to the employer, C. 11128.— VOL. II. II lb. s. 5. 982 SHIPPING— (2.) If the liability of the insurers to the seaman is less than the liability of the employer to the seaman, the seaman may rove for the balance in the bankruptcy or liquidation. (3.) There shall be included among the debts which are in the distribution of the property of a bankrupt and in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation the liability wheref or accrued before the date of the sequestration order (or any other order corresponding thereto or having the like effect) or the date of the commencement of the winding up and the provisions of any laws relating to preferential payments in relation to bankruptcy and the winding up of companies shall have effect accordingly. Where the compensation is a weekly payment, the amount due in respect thereof shall, for the purposes of this provision, be taken to be the amount of the lump sum for which the weekly payment could, if redeemable, be redeemed if the employer made an application for that purpose under the First Schedule to this Act. (4, ) The provisions of this section with respect to preferences and priorities shall not apply where the bankrupt or the company being wound up has entered into such a contract with insurers as aforesaid. (5.) This section shall not apply where a company is wound up volun- tarily merely for the purposes of reconstruction or of amalgamation with another company. Compensation to 9. Subjcct to this Act, Compensation shall be paid in full in all cf TEdw Teh ^^s^S' notwithstanding any limitation of liabihty in any other law ; 68, 8. 7 (i) '(/).' but any limitation of a shipowner's liability imposed by any other law shall apply to the amount recoverable by way of indemnity under the section of this Act relating to remedies both against employer and stranger, as if the indemnity were damages for loss of life or personal injury. Remedies both 10. Where the injury for which Compensation is payable uudcr this employer and a ^^t w.is caused uudcr circumstauces creating a legal liability in some stranger. person, Other than the employer, to pay damages in respect thereof — (a) the seaman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act for such compensation, but shall not be entitled to recover both damages and com- pensation ; and (6) if the seaman has recovered compensation under this Act, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under the section of this Act relating to sub-contracting shall be entitled to be indemnified by the person so liable to pay damages as aforesaid, and ;.ll questions as to the right to and amount of any such indemnity shall, in default of agreement, be settled by action or, by consent of the parties, by arbitration under this Act. Seamen's Compensation Act 1911. 983 11. — (1.) Where an injured seaman is discharged or left behind Depositions in a British Possession or in a foreign country, depositions respecting ^eaman^iefr** the circumstances and nature of the injury may be taken by any ^^f*"'"^ Judge or Magistrate in the British Possession or by any British cii'. 58, s. 7 (c). Consular Officer in the foreign country. (2.) Depositions taken in pursuance of this section shall be trans- mitted by the person by whom they are taken to the Comptroller- General. (3.) Depositions taken in pursuance of this section or certified copies of them shall be admissible in evidence in proceedings for compensation under this Act. 1 2. — (1.) In any proceeding for compensation under this Act, if it is Evidence of loss shown by some official return produced out of ofiicial custody, or by °lf^l?\ other evidence, that the ship on which the seaman in respect of whom isa*. s. 174 (2), the compensation is claimed was employed has, twelve months or upwards before the institution of the proceeding, left a port of depar- ture, she shall, unless it is shown that she has been heard of within twelve months after that departure, be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court or arbitrator thinks probable. (2.) A duplicate agreement or list of the crew made out or a state- ment of a change in the crew defivered under any Act, Imperial Act, or State Act relating to navigation or shipping at the time of the last departure of the ship from Australia, or a certificate purporting to be a certificate from a Consular or other public officer at any port out of Australia, stating that certain seamen were shipped in the ship from the said port, shall, if produced out of official custody, be, in the absence of proof to the contrary, sufiicient proof that the seamen therein named as belonging to the ship were on board at the time of the loss. 13. — (1.) If it is alleged that the owner of any ship is liable as Detention of such to pay compensation under this Act, and the ship is at any time ^^'^g g^^ ^ found in any port or river in Austraha or within any territorial waters ch. 58, s. 11. thereof, a Justice of the High Court or a Judge of the Supreme Court ^'6^92^' ^^^* of a State may, upon its being shown to him by any person applying that the owner is probably liable as such to pay compensation under this Act and that the owner does not reside in Austraha, issue an order'"', directed to any officer of the Department of Trade and Cus- toms or other officer named in the order, requiring him to detain the ship until such time as the owner agent master or consignee thereof has paid the compensation, or has given security to be approved by (a) Held by the High Court, under section 13 of the Seamen's Compensation Act 1909, which was identical with this section, that a Judge in chambers has power to set aside an order made ex parte by another Judge under that section. Held, further, that an order made for the detention of a ship under that section is a judicial order, from which an appeal lies to the High Court. Owners of s.s. •' Kalibia" v. Wilson, (1910) 11 C.L.R. 689. H 2 984 Medical referees. Cf.6Edw. 7, ch. 58, 8. 10 (!)• SHIPPING— the Justice or Judge to abide the event of any proceedings that may be instituted to recover compensation under this Act and to pay such compensation and costs (if any) as are awarded. (2.) The officer to whom the order is directed may detain the ship in accordance with the order. (3.) In any legal proceeding to recover the compensation, the person giving security may be made the defendant, and the production of the order of the Justice or Judge made in relation to the security shall be conclusive evidence of the Hability of the defendant. (4.) Where the owner of a ship is a corporation, it shall for the purpose of this section be deemed to reside in Australia if it has an office in Australia at which service of process can be effected. (5.) The master of a ship, after detention in pursuance of this section, or after service on him of any notice of or order for detention, shall not proceed to sea with the ship before she is released by com- petent authority. Penalty : One hundred pounds. (6.) If the master proceeds to sea with the ship in contravention of this section, and takes to sea any person authorized to detain the ship, the owner and master of the ship shall each be Uable to pay a further penalty at the rate of Ten pounds per day until the person returns or such time as would enable him after leaving the ship to return to the place from which he was taken. (7.) An Officer of Customs shall refuse to grant a certificate of clearance to any ship while under detention in pursuance of this section, and may refuse to grant such a certificate if he has had notice that an order for the detention of the ship has been made, or that an application for an order for the detention of the ship is about to be made. 14. — (1.) The Minister may appoint any duly qualified medical practitioners to be medical referees for the purposes of this Act. (2.) Medical referees shall be paid such fees as are provided by the regulations. (3.) The fees of medical referees shall be paid out of moneys provided by Parliament for the purpose. (4.) A medical referee who has been employed as a medical prac- titioner in connexion with any case by or on behalf of an employer or seaman, or by any insurers interested, shall not act as a medical referee in that case. Remuneration 15. Where an arbitrator is appointed by a County Court under appointed by this Act, the remuneration of the arbitrator shall be paid out of ib° s^io ^2)"'*^ moneys provided by Parliament for the purpose. Seamen s Compensation Act 1911. 985 compensation. Cf. 6 Edw. 7, ch. 58, 8. 12. 16. The owner or master of every ship on which seamen to which Returns as to this Act applies are employed shall, as prescribed, furnish to the Comptroller-General correct returns specifying — (a) the number of injuries in respect of which compensation has been paid under this Act during the previous year, or in respect of any period specified by the Comptroller- General ; (6) the amount of compensation paid during that year, or period, and (c) such other particulars as are prescribed or as the Comptroller- General requires. Penalty : Five pounds. 17. The Governor-General may make Regulations not inconsistent ReguiatioM. with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act, and in particular for modifyinjf, altering or repealing any of the provisions of the Second Schedule to this Act or adding any additional provisions to that Schedule. 18. The Seamen's Compensation Act 1909 is repealed.'*' Repeal. SCHEDULES. FIRST SCHEDULE. Scale and Conditions of Compensation. (1.) The amount of compensation under this Act shall be — (a) where death results from the injury — (i.) if the seaman leaves any dependants wholly dependent upon his earnings, a sum equal to his earnings in the employment of the same employer during the three years next preceding the injury, or the sum of Two himdred pounds, whichever of those sums is the larger, but not exceeding in any case Five hundred pounds : Provided that the amount of any weekly payments made under this Act, and any lump sum paid in redemption thereof, shall be deducted from such sum, and, if the period of the seaman's employment by the said employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be one hundred and fifty-six times his average weekly earnings during the period of his actual employment under the said employer ; (ii.) if the seaman does not leave any such dependants, but leaves any depen- dants in part dependent upon his earnings, such sum, not exceeding in any case the amount payable under the foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration or proceedings under this Act, to be reasonable and propor- tionate to the injury to the said dependants ; and (iii.) if he leaves no dependants, the reasonable expenses of his medical attendance and burial, not exceeding Thirty pounds ; (o) See footnote (o) to section 4 of this Act, lupra, p. 979. SHIPPING— (h) where total or partial incapacity for work results from the injury, a weekly payment during the incapacity not exceeding fifty per centum of the seaman's average weekly earnings during the previous twelve months, if he has been so long em{)loycd, but if not then for any less period during which he has been in the employment of the same employer, such weekly payment not to exceed Thirty shillings, and, if at any time the seaman ia entitled to an old-age pension from the Commonwealth, not to exceed during tliat time an amount \\hiih together with the weekly rate of the pension will make up Thirty shillings. For the purposes of the grant of an old-age pension, compensation under this Act shall not be taken to be income : Provided that — (a) if the incapacity lasts less than two weeks no compensation shall be payable in respect of the first week ; and (6) as respects the weekly payments during total incapacity of a seaman who is under twenty-one years of age at the date of the injury, and whose average weekly earnings are less than Twenty shillings, one hundred per centum shall be substituted for fifty per centum of his average weekly earnings, but the weekly payment shall in no case exceed Ten shillings. (2.) For the purposes of the provisions of this Schedule relating to " earnings " and " average weekly earmngs " of a seaman, the following rules shall be observed : — (a) average weekly earnings shall be computed in such manner as is best calcu- lated to give the rate per week at which the seaman \\as being remunerated. Provided that where by reason of the shortness of the time during which the seaman has been in the employment of his employer, or the casual nature of the employment, or the terms of the employment, it is imprac- ticable at the date of the accident to compute the rate of remuneration, regard may be had to the average weekly amount ^\■hich, during the t^\elve months previous to the accident, was being earned by a person in the sam e grade employed at the same work by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same class of employment ; (h) where the seaman had entered into concurrent contracts of service with t^^ o or more employers under which he worked at one time for one such employer and at another time for another such employer, his average Meekly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident ; (c) employment by the same employer shall be taken to mean employment by the same employer in the grade in which the seaman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause ; (d) where the employer has been accustomed to pay to the seaman a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings. (3.) In fixing the amount of the weekly payment, regard shall be had to any pay- ment, allowance, or benefit which the seaman may receive from the employer during the period of his incapacity, and in the case of partial incapacity the weekly pay- ment shall in no case exceed the difference between the amount of the average M'eekly earnings of the seaman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper. (4.) No weekly payment shall be payable in respect of any period during which the owner of the ship is under any Act, Imperial Act, or State Act liable to defray the expenses of maintenance of the injured seaman. (5. ) Where a seaman has given notice of an accident, he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner provided and paid by the employer, and, if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceeding under this Act in relation to compensation, shall be suspended until such examination has taken place. (6.) The payment in the case of death shall, unless otherwise provided in this Schedule or by the regulations, be paid to a prescribed authority, and the sum so paid shall be dealt with as prescribed for the benefit of the persons entitled thereto. Seamen's Compensation A ct 1 1 1 . 987 Provided that, if so agreed, the payment in case of death shall, if the seaman leaves no dependants, be made to his legal personal representative, or, if he has no such representative, to the person to whom the expenses of medical attendance and burial are due. (7.) Where a weekly payment is payable under this Act to a person under any legal disability, the weekly payment shall be paid during the disability to a prescribed authority, and dealt with as prescril)ed for the benefit of the person entitled thereto. (8.) Any question as to who is a dependant shall, in default of agreement, be settled by arbitration under this Act, or by a County Court, and the amount payable to each dependant shall be settled by arbitration under this Act, or by a County Court. (9.) Where there are both total and partial dependants, nothing in this Schedule shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants. (10.) Wiiere, on application being made to a prescribed authority that, on account of neglect of children on the part of a Midow, or on account of the variation of the circumstances of any of the dependants, or for any other sufficient cause, an order of the Court or an award as to the apportionment amongst the several dependants of any sum paid as compensation, or as to the manner in which any sum payable to any dependant is to be dealt with, ought to be varied, the prescribed authority may make an application to a County Court for the variation of the order or the award, and the County Court may make such order thereon as it thinks just. (11.) Any seaman receiving weekly payments under this Act shall, if .so required by the employer, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid by the employer. If the seaman refuses to submit himself to such examination, or in any way obstructs the examination, his right to the weekly payments shall be suspended until the examination has taken place. (12.) A seaman shall not be required to submit himself for examination by a medical practitioner under the provisions of this Schedule otherwise than in accordance mth the regulations, or at more frequent intervals than is prescribed by those regula- tions. (13.) Where a seaman has submitted himself for examination by a medical prac- titioner, or has been examined by a medical practitioner selected by himself, and the employer or seaman, as the case may be, has within six days after such examina- tion furnished the other with a copy of the report of that practitioner as to the sea- man's condition, then, in the event of no agreement being come to between the employer and the seaman as to the seaman's condition or fitness for employment, the prescribed authority, on application being made to him by both parties, may, on payment by the applicants of such fee, not exceeding Two pounds, as is prescribed, refer the matter to a medical referee. (14.) The medical referee to whom the matter is referred shall examine the seaman, and shall, in accordance mth the regulations, give a certificate as to the condition of the seaman and his fitness for employment, specifying, where necessary, the kind of employment for \\'hich he is fit, and that certificate shall be conclusive evidence as to the matters so certified. (15.) Where no agreement can be come to between the employer and the seaman as to whether or to what extent the incapacity of the seaman is due to the accident, the provisions of this Schedule relating to reference to and examination and certifi- cate by a medical I'eferee shall, subject to the regulations, apply as if the question were a question as to the condition of the seaman. (16.) If a seaman refuses to submit himself for examination by a medical referee, as provided in this Schedule, or in any way obstructs the examination, his right to compensation and to take or prosecute any proceedings under this Act in relation to "compensation, or, in the case of a seaman in receipt of a weekly payment, his right to that weekly payment, shall be suspended imtil the examination has taken place. (17.) Any weekly payment may be reviewed in the prescribed manner at the request either of the employer or of the seaman, and on such review may be ended, diminished, or increased, subject to the maximum above provided : Provided that where the seaman was at the date of the accident under twenty-one years of age and the review takes place more than twelve months after the accident, the amount of the weekly payment may be increased to any amovmt not exceeding fifty per cent, of the weekly sum which the seaman would probably have been earning at the date of the review if he had remained uninjured, but not in any case exceeding One pound. (18.) Where any \\eekly payment has been continued for not less than six months, the liability therefor may, at the option of the employer, but subject to the regula- tions, be redeemed by the payment of a lump sum of such an amount as, where the incapacity is permanent, would, if invested in the purchase of an immediate life annuity. 988 SHIPPING— purchase an annuity for the seaman equal to seventy-five per cent, of the annua value of the weekly payment, and as in any other case is settled by arbitration under this Act. or by a County Court, and such lumpsum may be ordered by the committee or arbitrator or Judge of the County Court to be paid to a prescribed authority to be invested or otherwise applied for the benefit of the ])erson entitled thereto : I'rovidcd that nothing in this paragi'aph shall be construed as preventing agree- ments being made for the redemption of a weekly ])ayment by a lump sum. (1!).) If a seaman receiving a weekly payment ceases to reside in Australia, he shall cease to be entitled to receive any weekly payment, unless a medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature. If the medical referee so certifies, the seaman shall be entitled to receive quarterly the amount of the weekly payments accruing due during the preceding quarter so long as he proves, in such manner and at such intervals as are prescribed, his identity and the continuance of the incapacity in respect of which the weekly payment is payable. (20. ) A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of la^v, nor shall any claim be set off against it. (21.) Where under this Schedule a right to compensation is suspended, no com- pensation shall be payable in respect of the period of suspension. SECOND SCHEDULE. Proceedings jfor Compensation. (1.) For the purpose of settling any matter which under this Act may be settled by arbitration, if any committee, representative of an employer and his seamen, exists with power to settle matters under this Act in the case of the employer and seamen, the matter may, unless either party objects by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitra- tion of the committee, or be referred by it to arbitration as hereinafter provided. (2.) If there is no such committee, or if either party objects to the settlement of the matter by the committee, or if the committee refers the matter to arbitration or fails to settle it within six months from the making of the claim, the matter may be settled by a single arbitrator agreed on by the parties, or, in the absence of agreement, appointed by a County Court. (3.) The provisions of any Act or State Act relating to arbitration shall not apply to any arbitration under this Act ; but a committee or an arbitrator may, if they or he think fit, submit any question of law for the decision of a County Court, and the decision of the County Court on any question of law, either on such submission, or in any case where a County Court settles the matter under this Act, or where it gives any decision or makes any order under this Act, shall be final, unless within the time and in accordance with the conditions prescribed by the regulations either party appeals to the High Court or to the Supreme Court of the State in which the County Court is situated. (4.) Any arbitrator appointed by a County Court shall, for the purpose of pro- ceedings under this Act, have the same powers of procuring the attendance of mt- nesses and the production of documents as if the proceedings before him were an action in the County Court. (5.) In any arbitration under this Act, any party to the proceedings may appear personally or by any other person appointed to represent him. (6.) The costs of and incidental to the arbitration and proceedings connected therewith shall, subject to the regulations, be in the discretion of the committee oi* arbitrator. The costs, whether before a committee or an arbitrator, shall not exceed the limit prescribed by the regulations. (7.) In the case of the death or refusal or inability to act of an arbitrator, the County Court may, on the application of any party, appoint a new arbitrator. (8.) Where the amount of compensation under this Act has been ascertained, or any weekly payment varied, or any other matter decided under this Act, either by a committee or by an arbitrator or by agreement, a memorandum thereof shall be sent, in manner prescribed by the regulations, by the committee or arbitrator, or by any party interested, to the prescribed authority, who shall, subject to the regulations, on being satisfied as to its genuineness, record the memorandum, and thereupon the memorandum shall for all purposes be enforceable as if it were a judgment of a County Court : Provided that — (a) no such memorandum shall be recorded before seven days after the despatch by the prescribed authority of notice to the parties interested ; Seamen s Compensation Act 1011. (6) where a seaman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this Act, and the employer, in accordance with the regulations, objects to the recording of the memorandum, and jiroves that the seaman has in fact returned to work and is earning the same wages as he did before the acci- dent, the memorandum shall only be recorded, if at all, on such terms as the prescribed authority, under the circumstances, thinks just ; (c) a County Court may at any time make such order in relation to the record- ing of the memorandum, including the removal of such record, as it thinks just ; (i) where it appears to a prescribed authority, on any information which he considers sufficient, that an agreement as to the redemption of a weekly payment by a lump sum, or an agreement as to the amount of compen- sation payable to a person under any legal disability, or to dependants, ought not to be recorded by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence, or other improper means, he may refuse to record the memo- randum of the agreement, and refer the matter to a County Court, which may, in accordance vdth the regulations, make such order (including an order as to any sum already paid under the agreement) as under the circumstances it thinks just ; (e) a County Court may, within six months after the recording of a memorandum of an agreement as to the redemption of a weekly payment by a lump sum or of ah agreement as to the amount of compensation payable to a person under any legal disability or to dependants, order that the record be removed on proof to its satisfaction that the agreement was obtained by fraud or undue influence or other improper means, and may make such order (including an order as to any sum already paid under the agree- ment) as under the circumstances it thinks just. (9.) An agreement as to the redemption of a weekly payment by a lump sum, if not recorded in accordance with this Act, shall not, nor shall the payment of the Bum payable under the agreement, exempt the person by whom the weekly payment is payable from liability to continue to make that weekly payment, and an agreement as to the amount of compensation to be paid to a person under a legal disability or to dependants, if not so recorded, shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the compensation is payable from liability to pay compensation, unless, in either case, he proves that the failure to register was not due to any neglect or default on his part. (10.) Where any matter under this Act is to be done m a County Court, it may be done in any County Court, but if the Judge of the County Court in which the proceed- ings are taken, is satisfied that the matter can be more conveniently dealt with in some other County Court, he may order the transfer of the proceedings to that Court, and upon such transfer that Court shall have the like jurisdiction in relation to the proceedings as if they had been commenced in that Court. (11.) Any sum awarded as compensation shall, unless paid to a prescribed authority, be paid on the receipt of the person to whom it is payable under any agreement or award, and the solicitor or agent of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of any proceedings in an arbitration under this Act, or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation. (12.) Any committee, arbitrator, or County Court may, subject to the regulations, submit to a medical referee for report any matter which seems material to any question arising in the proceedings. (13.) The Minister may, by order, either unconditionally or subject to such con- ditions or modifications as he thinks fit, confer on any committee representative of an employer and his seamen, as respects any matter in wliich the committee acts as arbitrator, or which is settled by agreement submitted to and approved by the committee, all or anj^ of the powers conferred by this Act on a County Court, and may by the order modify any of the provisions of this Schedule, and may provide for such incidental, consequential, or supplemental provisions as may appear to the Minister to be necessary or proper for the purposes of the order. (14.) A Judge of a County Court may, in relation to any proceedings in the Court, exercise all the jurisdiction and powers of a County Court under this Schedule. South African Preference. See CUSTOMS (Tariff Acts). 990 STATES- STATES. [See also '"^Aliens — Naturalization Act 1903, s. 13 ; Constitution — Constitution Alteration {State Debts) 1909; Currency and Coinage — Australian Notes Act 1910-1911, s. 4 ; Customs — Customs Act 1901-1910 (footnote i//), supra, p. 176) ; Defence — Z)e/ewce ^cM 903-1 911, s. 51; Finance — Surplus Revenue Act 1910; Judiciary — Judiciary Act 1903-1910, ss. 57-60, 62-67, 90; Public SEuyicE—Com^nonwealth Salaries Act 1907.] State Laws and Records Recognition Act 1901. Short title. Definitions. No. 5 of 1901. An Act to provide for the recog-nition throughout the Commonwealth of the Laws, the Public Acts and Records, and the Judicial Proceedings of the States. [ Assented to 5th September, 1901.] BE it enacted by the King's Most Excellent Majesty the Senate and the House of Representatives of the Coninionwealth of Australia as follows : — Preliminary. 1. This Act may be cited as the State Laws and Records Recog- nition Act 1901. 2. In this Act, unless the contrary intention appears — " Court " includes all judges and justices and all arbitrators under any Act or State Act, and all persons authorized by law or by consent of ]3arties to hear receive and examine evidence. " Courts within the Commonwealth " includes the High Court and all Federal Courts and Courts exercising federal jurisdiction, the Inter-State Commission when sitting as a Court for the hearing or determination of any matter, and all Courts of the several States and parts of the Commonwealth. " The Governor of a State " means the person for the time being administering the Government of a State, and includes the Governor of a State with the advice of the Executive Council thereof. Judicial Notice. state laws to be 3. All Courts withiu the Commonwealth shall take judicial judicially notice of all Acts of the Parliament of anv State. noticed. •' l^s Q^- ^2 ^"'- (a) No attempt has been made in this list of cross-references to tabulate all the Acts of the Parlia- No. 15, s. i. ment of the Commonwealth which affect the States. Only some of the more important have been fed-.Council enumerated. 49 Vic. No. 2. State Lmos and Records Recognition Act 1901. 991 4. All Gourts within the Commonwealth shall take jndicial notice of tlie ini])ression of the seal of any State withont evidence of such seal havin,ii,- been impressed or any other evidence relating thereto. 5. All Courts within the Commonwealth shall take jndicial notice — («) of the sig-nature of any person who holds or has held in any State the offi(;e of Governor, Judge of the Supreme Court, Protlionotary, Master Registrar or Chief Clerk of the Supreme Court, Judge or Commissioner of any Court of Bankruptcy or Insolvency, Curator of Intestate Estates, (Jommissioner of Titles, Registrar of Titles, Assistant or Deputy Registrar of Titles, Registrar- General, Assistant or Dejjuty Regi^trar-Cjeneral, Government Statist, Assistant or Deputy Government Statist, Judge or Presiding Magistrate of any County Court or District or Local Court or Court of Mines, Chairman of any Court of General or Quarter Se>sions, or Police or Stipendiary or Special Magistrate or Justice of the Peace^*\ or any office corresponding to any of the aforesaid offices, or any office to which the Governor- General may by Order published in the Gazette declare this section to apply ; and {U) of the seal of every such Court or person ; if such signature or seal purports to be attaclied or ap})ended to any decree, order, certificate, or other judicial or official document. Proof of Certain Documents. 6. — (1.) Evidence of any proclamation, commission, order, or regulation issued by the Governor of a State, or by or under the authority of any Minister of the Crown for a State, may be given in all Courts within the Commonwealth — (a) by the production of the Government Gazette of the State j)urporting to contain the same*''^; or (^)-by the production of a document purporting to be a copy thereof, and purporting to be printed by the Government Printer of the State, or by the authority of the Govern- ment of the State ; or (.R. (C.X.) 53. (b) Per Madden, C.J., of the Supreme Court of Victoria : The mere production of a papei pur- porting to be a Government Gazette of a State, which contains any proclamation of an Order in Council or regulation issued by the Government of the State, is evidence of the facts therein contained. Fall- thaw Brothers v. Rxjan, (1902) 28 V.L.R. 279 ; 24 A.L.T. 45 ; 8 A.L.R. 172. Seals of States to be judicially noticed. Sec Qd. 62 Vic. No. 15, s. 4. Certain signatures, Ac, to bo judicially noticed. lb. s. 10. Fed. Council, 49 Vic. No. 2, S. 6. Proof of proclamations, commissions, orders and regulations. See N.S.W. No. 11, 1898, s. 18. Vic. No. 1088, s. 17. Qd. 62 Vic. No. 15, s. 6. 992 STATES— 7. Evidence of any proclamation or other act of state of any State may be given in all (*onrts within the Commonwealth by the pro.luction of a coi)y thereof either — Proof of proclamations and Acts of State. See No. 11, 1898 (N.S.W.), 8. 17. ^(-f^j proved to he jin examined C()])y thereof, or Proof of cert i in public documents. See 8 & 9 Vic. c. 113, 8. 1. Qd.. 62 Vic. No. 15, 8. 11. Public document admissible in any State without proof to be admissible throughout the Commonwealth. See 14 & 15 ViC. c. 99, 8. 11. Qd. ib. s. 7. (d) purporting to be sealed with the seal of that State. 8. Whenever by any State Act at any time in force in any State — (a) any public document ; or (Z») any record required by law to be kept of any public document or proceeding ; or (6') any certified copy ot any ])ublic document or by-law or of any entry in any })ublic register or book is admissible in evidence for any purpose in that State, it shall be admitted in evidence to the same exte.it and for the same purposes, in all Courts within the C^ommonwealth if it purports to be sealed or impressed with a stamp, or sealed and signed, or signed alone, or impressed with a stamp and signed, as directed by such State Act, without any proof of such seal stamp or signature or of the official character of the person appearing to have signed the same, and witliout any further proof thereof in every case in which the original document could have been received in evidence. 9. Any public document which by any law at any time in force in any State is admissible in evidence for any purpose in any Court of that State without proof of — (a) the seal or stamp or signature authenticating the same, or (b) the judicial or official character of the person appearing to have signed the same, shall be admissible in evidence to the same extent and for the same purposes in all Courts within the Commonwealth without such proof. Proof of public books and documents of States. See 14 & 15 Vic. c. 99, s. 14. Qd. ib., 8. 8. Proof of Votes and Proceedings of State Parliaments. See 8 & 9 Vic. c. 113, 8. 3. Qd. ib. s. 9. Fed. Council, 49 Vic. No. 2, 3. 5. 10. Whenever any book or other document of any State is of such a public nature as to be admissible in evidence in that State on its mere production from the proper custody, any copy thereof or extract therefrom shall be admissible in evidence in all Courts within the Commonwealth if — (a) it is proved to be an examined copy or extract ; or (b) it purports to be signed and certified as a true copy or extract by some officer of that State, who shall further certify that he is the officer to whose custody the original is trusted. 11. — (1.) All copies of the Votes and Proceedings of either House of the Parliament of any State, if purporting to be printed by the Government Printer of that State, shall on the mere production of the same be admitted as evidence thereof in all Courts within the Commonwealth. State Latvs and Records Recognition Act lUOl. 993 (2). lu tin a section '' Votes and Proceedino^s " shall be deemed to include Journals and Minutes, and any papers purporting? to be printed by the authority of and to be laid before either House of the Parliament of a State. Proof of Certain Matters. 12. The mere production of a paper purporting to be the proof of Government Gazette of a State shall in all Courts within the SSTf*** Commonwealth be evidence that such paper is such Government state. Gazette and was published on the day on which it bears date.'"^ fvfco^'sA^f^ Fed. Council, 49 13. The mere production of a paper purporting to be printed p^oo/o^" "' ' *" by the Government Printer of a State or by the authority of the printing by Government of a State shall in all Courts within the Common- PHnt™T"tate. wealth be evidence that such paper was printed by such Government see Qd. 62 vict. Printer or by such authority. °' ^^' *" ^^' 14. Where by any law at any time in force the Governor of a Proof of act State or a Minister of the Crown for a State is authorized or cover'^noror empowered to do any act whatsoever, production of the Governnumt gt^jg*" °' * Gazette o^ i\xe, State I'urporting to contain a copy or notification seeNo. loss of any such act shall in all Courts within the Commonwealth be <'^'°-)> ^- ^^• evidence of such act having been duly done. 15. Where, by any State Act, power to make by-laws or By-iawsand regulations is conferred upon any person or body, any printed paper regulations, purporting to be sucli by-laws or regulations, and to be printed by i898,no. ii. the Government Printer of the State, or by the authority of ^'^^' the Government of the State, shall in all Courts Tvithin the Commonwealth be evidence — («) That by-laws or regulations in the words printed in such pa])er were duly made by such person or body; and {b) that such by-laws or regulations have been approved of or confirmed by the Governor of the State, if they appear by such paper to have been so approved of or confirmed. 16. — (1.) All Courts within the Commonwealth shall admit as Proof of • 1 i?j.i' J.- c • J.] -j-i incorporation of evidence oi the mcorporation ot a company mcorporated or registered company. in any State a certiHcate of the incorporation or registration thereof seeQd.ib. s. is. which purports to be signed by the Registrar or an Assistant or De{)uty-Registrar of companies in that State, and the (kite of incorporation or registration mentioned in such certificate shall be evidence of the date on which the company was incorporated or registered. (2.) Any copy of or extract from any document kept and seeN.s.w. registered at the ofiice for the registration of companies in any State, if certified under the hand of the Registrar or an Assistant or Deputy-Registrar, shall in all Courts within the Commonwealth be admissible in evidence in all cases in which the original document is admissible in evidence and for the same purposes and to the same extent. (a) See footnote (6) to section 6 of this Act, supra, p. 991. 994 STATES. Proof of judicial proceedings of Slate Court. See N.S.W., 1898, No 11, 8. 21. No. 1088 (Vic), 8. 16 U.S. Proof ok Judicial Proceedings. 17. P]vi(lence of tmy judgment decree ride order or other judicial proceeding of any Court of a State, incduding any affidavit ])leading or otlier legal docannent Hied or deposited in any sutdi ( "otu-t, may be given in all C-ourts within tlie Commonwealth i)y the prochiction of a copy thereof — (''/) i)roved to he an examined copy thereof ; or (b) ])nrporting to l)e sealed with the seal of such Court ; or (c) purporting to he signed hy a Judge of such Coiii't with a, statement in writing attached by him to his signature that such Court has no seal and without proof of his judicial character or of tlie truth of such statement. Faith and credit to be given to documents properly authenticated. See Constitution 8. 118. U.S. Stat. II. 1790 c. 11; Stat. I. 1804 c. 56. Thfa Act not to derogate from existing powers. Qd. 62 Vic. No. 15, s. 14. Fed. Council, 49 Vic. No. 2, s. 7. 18. Supplemental. All ])uhlic acts records and judicial proceedings of any State, if proved or authenticated as re(piired by tiiis Act, shall have such faith and credit given to them in every Court and public office within the Commonwealth as they have by law or usage in the Courts and public offices of the State from whence they are taken. 19. The provisions of this Act shall be in addition to and not in derogation of any powers existing at common law, or given by any law at any time in force in any State. Statistics. See CENSUS AND STATISTICS. Statutes. See ACT OF PARLIAMENT. Statutory Rules. See ACT OF YAULIAME^T— Rules Publicatio7i Act 1903. Surplus Revenue. See FINANCE. Tariff. See CUSTOMS (Tariff Acts) : EXCISE (Tariff Acts). Tariff Preferences. See CUSTOMS (Tariff Acts). Taxation : — Bank Notes. See CURRENCY AND COINAGE— 5a7?/^ Notes Tax ^ciJ 1910. Customs. See CUSTOMS. Excise. See EXCISE. Land. See LAND TAX. Of Commonwealth Salaries by States. See PUBLIC SERVICE — Commonwealth Salaries Act 1907. Jorthern Territory Acceptance Act 1910. 995 \ TERRITORIES. [;See fl^so Defence — Defence Act 1903-1911,8.49; Industrial Pro- perty — Patents Act 1903-1909, s. 4a ; Judiciary — Judiciary Act 1903-1910, ss. 11, 86 {g) ; Post and Telegraph— PFire^ss Telegraphy Act 1905, s. 2 ; Seat of Government ; Shipping — Seamen's Compensation Ac' 1911, s. 4.] Page Northern Territory Acceptance Act 1910 ... 995 Northerj^ Territory (Administration) Act 1910 ... 1UU3 Papua Act 1905 ... ... ... ... lUOG Northern Territory Acceptance Act 1910. No. 20 of 1910. An Act to provide for the Acceptance of the Northern Territory as a Territory under the Authority of the Commonwealth and for the carrying out of the Agreement for the Surrender and Acceptance. [Assented to 16th November, 1910.] WHEREAS by certain Letters Patent of Her late Majesty Queen preamble. Victoria, bearing date the sixth day of July, One thousand eight hundred and sixty-three, and signed by warrant under the ^^^^^ p ^^^ Queen's Sign Manual, the Northern Territory as defined in this Act et'i Ju'y. i^es'. was annexed to the Province of South Australia : And whereas by the Constitution Act the Province of South Aus- constitution tralia, including the Northern Territory of South Australia, became ^^^' *• ^' a part of the Commonwealth by the name of the State of South Aus- tralia : And whereas by the Constitution it is provided that the Parliament constitution, may make laws for the government of any territory surrendered by ^- ^^^• any State to and accepted by the Commonwealth : And whereas the Commonwealth and the State of South Australia Agreement, have entered into an Agreement for the surrender to and acceptance Jth^December, by the Commonwealth of the Northern Territory, subject to approval by the Parliaments of the Commonwealth and of the said State : And whereas the ParUament of the State of South AustraUa has by s.a. no. 946. an Act intituled " The Northern Territory Surrender Act 1907 " approved of the said Agreement : TEIiRITOKIES— And whereas it is desirable to approve and ratify the said Agree- ment, and to provide for the acceptance by the Commonwealth of the Northern Territory, and to make provision for the carrying out of the Agreement : Be it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Kepresentatives of the Commonwealth of Australia, as follows : — Part I. — Preliminary. 1. This Act may be cited as the Northern Territory Acceptance Act 1910. 2. This Act shall commence on a day to be fixed by proclamation/''^ 8. This Act is divided into Parts, as follows : — Part I. — Preliminary. Part II. — Acceptance of the Northern Territory. Part III. — Provisions for carrying out the Agreement. 4. In this Act, unless the contrary intention appears — " The Agreement " means the Agreement made between the Commonwealth and the State of South Australia for the surrender and acceptance of the Northern Territory, which Agreement is set out in the Schedule to this Act ; " The Northern Territory " means that part of /Vustralia which lies to the northward of the twenty-sixth parallel of South Latitude and between the one hundred and twenty-ninth and one hundred and thirty-eighth degrees of East Longitude, together with the bays and gulfs therein, and all and every the islands adjacent to any part of the mainland within such Umits as aforesaid, with their rights, members, and appur- tenances ; " South Australia proper " means South Australia not including the Northern Territory. Part II. — Acceptance of the Northern Territory. 5. The Agreement is by this Act ratified and approved. 6. — (1.) The Northern Territory is by this Act declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth, by the name of the Northern Territory of Australia. (2.) Without limiting the effect of the acceptance, the acceptance includes the Palmerston and Pine Creek Railway and all the State's right, title, interest in, and control of, all State real and persona] property and privileges in the said Territory (except moneys held by or on behalf of or to the credit of, or due or accruing due to, the State at the date of the acceptance), whether held by or vested in the Crown, or by or in any Commissioner, authority, or person, or otherwise, for State purposes. (a) Proclaimed to commence 1st January, 1911. See Gazette, 24th December, 1910, p. 1901. \Nort/i 07^)1 Territnri/ Acceptance Act 1010. 997 7. — (1.) All laws in force in the Northern Territory at the time of Continnance the acceptance shall continue in force"", but may be altered or repealed by or under any law of the Commonwealth. (2.) Where, by any law of the Commonwealth in force in the Northern Powers and Territory at the time of the acceptance, any power or function is commonweaft" vested in any officer in relation to the State of South Australia, that ''*"''• power or function shall, in relation to the Northern Territory, be vested in and exercised or performed by such officer as the Governor-General directs. (3.) Where, by any law of the State of South Australia in force in powera and the Northern Territory at the time of the acceptance, any power or ander°stete function is vested in the Governor of the State of South Australia, or '*"'• in the Governor of that State with the advice of his Executive Council, or in any authority of that State, that power or function, in relation to the Northern Territory, shall be vested in and exercised or performed by the Governor-General, or the Governor-General in Council, or the authority exercising similar powers and functions under the Common- wealth, as the case requires, or as the Governor-General directs. 8. All Courts of Justice in existence in the Northern Territory continuance of at the time of the acceptance, and the jurisdiction, practice, and ^°"'^- procedure thereof, shall continue in the Northern Territory until other provision is made by or under any law of the Commonwealth. 9. All Magistrates and Justices of the Peace in and for the State continuance of of South Australia residing in the Northern Territory and entitled ^^8'**'**®^- to exercise jurisdiction therein at the time of the acceptance, and all public officers and public functionaries in and for the Northern Territory at that time, shall continue to hold office under the Commonwealth in relation to the Northern Territory on the same terms and conditions as they held office under the State. 10. All estates and interests, held by any person from the State of continnance ^ -J •! I- of estates and South Australia within the Northern Territory at the time of the interests acceptance, shall continue to be held from the Commonwealth on the same terms and conditions as they were held from the State. 1 1 . The Government Resident of the Northern Territory, and all Transfer of officers in the Public Service of the State of South Australia whose g ^'| jg^^ salaries are paid out of moneys appropriated by the Parliament of ^°- ^^^' »• ^■ that State for the service of the Northern Territory, may be transferred to the Public Service of the Commonwealth. 12. — (I.) Every officer who is under this Act transferred to the preservation oj Public Service of the Commonwealth shall preserve all his existing officers?' and accruing rights as if his service with the Commonwealth were a s.a. ib. s. s. continuation of his service with the State.^^^ (a) See Northern Territory [Administration) Act 1910, s. 5 (infra, p. 1004). (h) ?iQe Commonwealth Public Service Act 190U-1911, ss. 60-t52, and the footnotes thereto (supra, pp. 917 & 918). 998 TERRITORIES— (2.) The provisions of section eighty-four of the Constitution shall be deemed to apply to every such officer as if he were an officer of a transferred Department and were retained in the service of the Commonwealth. Freedom of trade. 13. Trade, commerce, and intercourse between the Northern Territory and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free. Obligations of Commonwealtli, To assume responsibility for State loans in respect of Northern Territory. Compensation for portion of overland telegraph line. To construct Transcontinental Kail way. To acquire Port Augasta Kailway. Part III. — Provisions for carrying out the Agreement. 14. The Commonwealth, in consideration of the surrender of the Northern Territory and property of the State of South Australia therein, and the grant of the rights in the Agreement mentioned to acquire and to construct railways in South Australia proper, shall — (a) Be responsible for the indebtedness of the State in respect of the Northern Territory as Irom the date oF acceptance of such surrender and shall relieve the State from the said indebtedness in the following manner : — I. By annually reimbursing the State the amount of the annual interest paid by it in connexion with the loans in respect of the Northern Territory ; by paying annually into a Common- wealth Sinking Fund the amounts which the State has undertaken to pay into such a fund in connexion with the said loans ; and by paying and redeeming at or before maturity the said loans. II. By paying the amount of the deficit (or Advance account) in respect of the Northern Territory to the said State in such manner as may be agreed upon. If the amount cannot be agreed upon it shall be determined by arbitration. Provided that, notwithstanding anything contained in the Agreement, the Commonwealth shall, if the Governor "of the State of South Australia so requires, in lieu of being responsible for the indebtedness of the State in respect of that portion of the Overland Telegraph Line which is in the Northern Territory, compensate the State of South Australia for that portion of the line in accordance with section eighty-five of the Constitution. (h) Construct or cause to be constructed a railway line from Port Darwin southwards to a point on the northern boundary of South Australia proper (which railway with a railway from a point on the Port Augusta Railway to connect therewith is hereinafter referred to as The Transcontinental Railway), (c) At the time of such surrender acquire from the State at the price and on the terms hereinafter mentioned the Port Augusta Railway including the lands now used for and KortltPrn 'rerritonj Acceptance Act 1010. 999 To construct Transcontinental Railway. To pay for Port Augusta Railway. reserved lor such railway together with all stations and other buildings sidings wharfs and other accessories used in connexion with the working of the said railway except the railway carriages trucks and other movable plant and rolling-stock. {d) Construct or cause to be constructed as part of the Trans- continental Railway a railway from a point on the Port Augusta Railway to connect with the other part of the Transcontinental Railway at a point on the northern boundary of South Australia proper. (e) Pay the price of the said Port Augusta Railway by becoming responsible on the date of the sale and transfer thereof to the Commonwealth for the amount of the loans raised by the State for the purpose of constructing the said railway and used therefor and by annually reimbursing the State the interest payable thereon and by paying annually into a Commonwealth Sinking Fund the amounts which the State has undertaken to pay into such a fund in connexion with the said loans until the said loans are paid and redeemed by the Commonwealth as or before they become due. (/) Give and continue to give to the State and its citizens equal facilities at least in transport of goods and passengers on the Port Augusta Railway to those provided by the State Government at the date of the Agreement and at rates not exceeding those in force at that date. (gr) Allow the State to connect any new railway, constructed by the State in South Australia proper after the date of the Agreement, with any railways acquired or constructed by the Commonwealth in South Australia proper. {h) Allow the State reasonable running powers and rights on such conditions as may be agreed upon or in default of agree- ment as may be determined by arbitration on all railways acquired or constructed by the Commonwealth in South Australia proper and (without limitation of the scope of such powers and rights) the use on such conditions as afore- said of the stations yards buildings and other accessories at Quorn and Port Augusta and the wharf at Port Augusta used in connexion with the working of the said railway but not so as to interfere with the proper control working and maintenance of the railways of the Common- wealth. 15. The Commonwealth may construct, or authorize the con- Authority to struction of, or cause to be constructed, a railway westerly from any rai°warto point on the Port Augusta Railway through South Australia proper Ai^traUa to any point on the western boundary line of South Australia proper, by a route to be determined by the Parliament of the Commonwealth, with all proper stations, approaches, works, and conveniences con- nected therewith and necessary therefor, and may maintain and work such railway when constructed. To continue service on Port Augusta Railway. To allow state to connect with railways. To allow State reasonable running powers. 1000 TERRITORIES— Powers In connexion with construction of railways. Power?, Ac, in relation to the worliing of railways. Commonwealth bound by State Acts. Act not to be deemed to appropriate revenues or moneys. 16. For the purpose of constructing any railway required or authorized by this Act to be constructed by the Commonwealth, the Commonwealth or any authority constituted or appointed by or under the Commonwealth may make surveys and acquire the necessary lands and shall have and may exercise all the powers and privileges held by the State of South Australia in the Railway Construction Acts in force in that State at the date of the Agreement as if the railways referred to were being constructed by the State. 17. For the purpose of maintaining and working any of the rail- ways required or authorized by this Act to be constructed or acquired, and in relation to those railways, the Commonwealth, or any authority constituted or appointed by or under the Commonwealth, shall have all such powers, functions, rights, privileges, and immunities, as the South Australian Railways Commissioner or other similar authority has at the date of the Agreement in relation to the State Railways of the State, so far as those powers, functions, rights, privileges, and immunities, are applicable. 18. Until other provision is made in that behalf by the Parliament, the Commonwealth, in the construction, maintenance, and working, of any railways required or authorized by this Act to be acquired or constructed in South Australia proper, shall be bound by the Railway Construction Acts of the State and the laws relating to the State Railways to the same extent as the State would be so bound if the railways were being constructed, maintained, or worked by the State, but not to any greater extent : Provided that nothing in this Act shall prevent the Commonwealth from acquiring land for the purpose of constructing, maintaining, or working any of the said railways under any law of the Commonwealth relating to the acquisition of land for public purposes. 19. Nothing in this Act shall be taken to be an appropriation of any revenues or moneys. THE SCHEDULE. Agkeement made the seventh day of December One thousand nine hundred and seven between the Commonwealth of Australia (hereinafter referred to as the Commonwealth) of the one part and the State of South Australia (hereinafter referred to as the State) of the other part WITNESSETH that subject as hereinafter mentioned to the ai)proval of the ParUaments of the said Com- monwealth and the said State and for the mutual considerations hereinafter appearing IT is hereby agreed that the State shall on the terms and conditions hereinafter appearing surrender to the Commonwealth the Northern Territory and shall sell and transfer to the Commonwealth the Port Augusta Railway and shall permit the Commonwealth to construct or cause to be constructed in South Australia proper the railways hereinafter mentioned to the northern and western boundaries of South Australia proper from any points on the Port Augusta Railway and shall permit the Commonwealth to maintain and work the said railways when so acquired and constructed. Northern Territort/ Acceptance Act lUlO. The Terms and Conditions of this Agreement are as follows : — (1.) The Coniinonwealth in consideration of the surrender of the Northern Territory and property of the State therein and the grant of the rights hereinafter mentioned to acquire and to construct railways in South Australia proper shall — (a) Be responsible for the indebtedness of the State in respect of the Northern Territory as from the date of acceptance of such surrender and shall reUeve the State from the said indebtedness in the following manner : L By annually reimbursing the State the amount of the annual interest paid by it in connexion with the loans in respect of the Northern Territory ; by paying annually into a Common- wealth Sinking Fund the amounts the State has undertaken to pay into such a fund in connexion with the said loans ; and by paying and redeeming at or before maturity the said loans. n. By paying the amount ol the deficit (or Advance account) in respect of the Northern Territory to the said State in such manner as may be agreed upon. If the amount cannot be agreed upon it shall be determined by arbitration. (6) Construct or cause to be constructed a railway line from Port Darwin south- wards to a point on the northern boundary of South Australia proper (which railway with the railway from a point on the Port Augusta Rail- way to connect therewith is hereinafter referred to as The Transcon- tinental Railway). (c) At the time of such surrender acquire from the State at the price and on the terms hereinafter mentioned the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharfs and other accessories used in connexion with the working of the said railway except the rail- way carriages trucks and other movable plant and rolling-stock. (d) Construct or cause to be constructed as part of the Transcontinental Railway a railway from a point on the Port Augusta Railway to connect with the other part of the Transcontinental Railway at a point on the northern boundary of South Australia proper. (e) Pay the price of the said Port Augusta Railway by becoming responsible on the date of the sale and transfer thereof to the Commonwealth for the amount of the loans raised by the State for the purpose of con- structing the said railway and used therefor and by annually reimbursing the State the interest payable thereon and by paying annually into a Commonwealth Sinking Fund the amounts the State has undertaken to pay into such a fund in connexion with the said loans until the said loans are paid and redeemed by the Commonwealth as or before they become due. (/) Give and continue to give to the State and its citizens equal facilities at least in transport of goods and passengers on the Port Augusta Railway to those provided by the State Government at the present time and at rates not exceeding those at present in force. (g) Allow the State to connect any new railway hereafter constructed by the State in South Australia jiroper with any railways acquired or constructed by the Commonwealth in South Australia proper. {h) Allow the State reasonable running powers and rights on such conditions as may be agreed upon or in default of agreement as may be determined by arbitration on all railways acquired or constructed by the Common- wealth in South Australia proper and (without limitation of the scope of such powers and rights) the use on such conditions as aforesaid of the stations j^ards biiildings and other accessories at Quorn and Port Augusta and at the wharf at Port Augusta used in connexion with the working of the said railway but not so as to interfere with the proper control working and maintenance of the railways of the Commonwealth. (2.) The State in consideration of the covenants and agreements by the Common- wealth herein contained shall — (a) Surrender to the Commonwealth the Northern Territory and without limita- tion of the effect of such general words such surrender shall include the railway from Port Darwin southwards known as " The Palmerston and Pine Creek Railway " and all the State's right title interest in and TERRITORIES- control of all State real and personal ])roperty and privileges in the Northern Territory (excejit moneys held by or on behalf of or to the credit of or due or accruiiif; due to tlie State at the date of the accept- ance of such surrender) whether held by or vested in the Crown or by or in any Couunissioner authority or person or otherwise for State purjioses. {!)) At the time of such surrender sell and transfer to the Commonwealth and consent to the acquisition by the Commonwealth of the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharves and other accessories used in connexion with the working of the said rail- way except the railway carriages trucks and other movable ])lant and rolling-stock and shall authorize by legislation the Commonwealth to maintain and work such railway when so acquired. Tlie jirice of such railway shall be the cost of construction of the railway and stations and wharves and other buildings and accessories used therewith (including the cost of resumi)tions) without interest added but shall not include any expenditure on maintenance works. If the cost of construction cannot be agreed upon such cost shall be determined by arbitration. (c) At the time of such surrender authorize by legislation the Commonwealth to do all that is necessary to enable the Commonwealth to make surveys acquire the necessary lands and to construct or cause to be constructed a railway in South Australia proper from any ])oint on the Port Augusta Railway to a point on the northern boundary line of South Australia proper to connect with that part of the Transcontinental Railway to be built in the Northern Territory from Port Darwin southwards to the northern boundary of South Australia proper and to maintain and work such railway when constructed ; and to get all timber ballast and other material necessary for such construction in South Australia proper by paying compensation in accordance with the provisions of the State Acts at present in force payable by the State when constructing State railways. (d) At the time of such surrender authorize by legislation the Commonwealth, in the same way and to the same extent as in the last preceding sub-clause mentioned to do all that is necessary to enable the Commonwealth to construct or cause to be constructed a railway westerly from any point on the Port Augusta Railway through South Australia proper to any point on the western boundary line of South Austraha proper by a route to be determined by the Parliament of the Commonwealth and to maintain and work such railway when constructed. (e) At the time of such surrender authorize by legislation the Commonwealth for the purpose of constructing the said railways to exercise at least all the powers and privileges held by the State in the Railway Construction Acts at present in force in the State of South Australia as if the railways referred to were being constructed by the State. (3.) In consideration of the Commonwealth becoming responsible for the in- debtedness of tlie State in respect of the Northern Territory in manner before mentioned the State hereby releases the Commonwealth from the Uabihty imposed by the Commonwealth of Australia Constitution Act on the Commonwealth to com- pensate the State for any State properties within such Northern Territorj' vested in the Commonwealth in connexion with any departments ot the State transferred to the Commonwealth under the provisions of the said Constitution. (4. ) This Agreement shall not in any way be binding until and imless approved by the respective Parliaments of the Commonwealth and the State and legislation is passed enabling the Commonwealth and the State to legally carry out the aforesaid surrender and acceptance of the Northern Territory and the Parliament of the State has consented to the acquisition by the Commonwealth of the Port Augusta Railway and to the construction by the Commonwealth of the other railways in South Australia proper mentioned in this Agreement on the terms hereinbefore mentioned. (5.) When any dispute or matter authorized or directed by this Agreement to be settled by arbitration shall have arisen then unless the parties hereto concur in the appointment of a single arbitrator such matter shall be referred for decision to two arbitrators one to be appointed by the Prime Minister for the time being of the Commonwealth and one by the Premier for the time being of the State and such arbitration shall be subject as nearly as practicable to the laws relating to arbi- tration in force in the State. Northern Territory {Administration) Act 1910. DEFINITIONS. In this Agreement unless the contrary intention appears — " The Northern Territory " means so much of the State of South Australia as Ues to the northward of the twenty-sixth parallel of south latitude and between the one hundred and twenty-ninth and one hundred and thirty- eighth degrees of oast longitude together with the bays and gulfs therein and all and every the islands adjacent to any part of the main- land within such limits as aforesaid with their rights members and aupur- tenaiiccs. " The Palmerston and Pine Creek Railway " means the railway authorized to be made and maintained pursuant to the " Pulinerston and I'ine Crttk Railwa>i Act 1883." ' The Port Augusta Railway " means the railway from Port Augusta to Oodna- datta authorized to be made and maintained ]>ursuant to Acts No. 26 of 1876 : No. 226 of 1881 : No. 281 of 1883 : and No. 413 of 1887. " South Australia Proper " means South Australia not including the Northern Territory. In Witness whereof the Honorable Alfred Deakin (Prime Minister of the C'om> monwealth of Australia) for and on behalf of the said Commonwealth and the Honor- able Thomas Price (Premier of the State of South Australia) for and on behalf of the said State have hereunto set their hands and seals the day and year first above written. Signed Seai.ed and DELiVKREoby the above- \ named Alfred Deakin in the presence of— V (l.s.) ALFRED DEAIQN. Littleton E. Groom. j Signed Sealed and Delivered by the above- 1 named Thomas Price in the presence of — (l.s.) THOMAS PRICE Laurence O'Lodghlin. J Northern Territory (Administration) Act 1910. No. 27 of 1910. An x\ct to provide for the Provisional Government of the Northern Territory. [Assented to 25th November, 1910.] l^E it enacted by the King's Most Excellent Majesty, the Senate, ±J and the House of Representatives of the Commonwealth of Australia, as follows : — Preliminar)/, 1. This Act may be cited as the Northern Territory {Adminis- short title trati07i) Act \^\0. 2. This Act shall commence on the day fixed by Proclamation for tlie commencement of the Northern Territory Acceptance Act hHO.C) (a) The Northern TerrUory Acceptance Act 1910 was proclaimed to commence on 1st January, 1911. See OazetU, 24th December, 1910, p. 1901. Commencement. 1004 TERRITORIES- Defliiilions. 3. Ill tllis A(!t " the Minister " means the Minister of State for External Affairs ; " the Territor}'" means the Nortliern Territory. Appointment of Administrator. Effect of ooncinuanoe of Srate laws. Administrator. 4. — (1.) The Governor -(xcnoral may a})})oint an Administrator for the Territory. The Administrator sliall be appointed by the Governor-General by Commission under the seal of the CJommon- weulth, and shall hold office, subject to ^ood behaviour, for five years. (2.) The Administrator shall exercise and perform all powers and functions that belong to his office according to the tenor of his Commission, and according to such instructions as are given to him by the Minister. (3.) The Governor-General may appoint, or may delegate to the Minister or the Administrator power to appoint, such officers as are necessary for the administration of the Northern Territory Acceptance Act 1910 or this Act or for the proper government of the Territory. Application of State Laws. 5. Where any hiw of the State of South Australia continues in force in the Territory by virtue of section seven of the Northern Territory Acceptance Act 191 shall 'dpplj in the Terntory to trade and commerce in or with the Territory, as if the words " with other countries and among the States " were omitted from section two of that Act. 9. The provisions of the Lands Acquisition Act 1906'*') shall apply to the acquisition by the Comnaon wealth, for any public purpose, of any land owned in the Territory by any person : (a) Supra, p. 53. (6) Infra, p. 1018. (c) Infra, p. 1035. ((f) Supra, p. 790. Northern Territory {Administration) Act 1910. 1005 Provided tluit, in determinins^ the compensation to wliicli the owner is entitled nnder that Act, the value of the land shall be taken not to exceed the unimj)roved value of the land, or the interest therein of the owuer, at the date of the passin*;* of this Act together with the value of his interest in the improvements on the land at the date of the acquisition of the land. 10. The rates and charges for postal articles and telegrams Postal and in the Territory and to and from the Territory shall he the same Jateflnd"^ as if the Territory continued to be part of the State of South charges. Australia. Disposal of Crown Lands. 11. No Crown lands in the Territory shall be sold or disposed Disposal of of for any estate of freehold, except in pursuance of some contract ^'■°''" ^*'"^' entered into before the commencement of this Act. Jurisdiction of Courts. 12. For the enforcement of all laws in force in the Territory jurisdiction of and the administration of justice in the Territory the several Courts ^o"""- of the State of South Australia shall, subject to any Ordinance made by the Governor-General— {a) continue to have and exercise the jurisdiction in or in relation to the Territory which they had before the commencement of this Act ; and {b) have and exercise such jurisdiction as is conferred on them by Ordinance made by the Governor-General. Ordinances. 13. — (1.) Until the Parliament makes other provision for the ordinances. government of the Territory, the Governor-General may make Ordinances having the force of law in the Territory. (2.) Every such Ordinance shall — {a) be notified in the Gazette ; {b) take effect from the date of notification, or from a later date to be specified in the Ordinance ; (c) be laid before both Houses of the Parliament within four- teen days of the making thereof, or, if the Parliament is not then sitting, within fourteen days after the next meeting of the Parliament. (3.) If either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after any such Ordinance has been laid before the House, disallow- ing the Ordinance, the Ordinance shall thereupon cease to have effect. 1006 territories- Papua Act 19U5. Letters Patent, 8th June, 1888. Annexation of British New Guinea, 4th September, 1888. Order in Council, 17th May, 1888. No. 9 of 1905. An Act to provide for the acceptance of British New Guinea as a Territory under the authority of the Commonwealth, and for the Government thereof. [Assented to 16th November, 1905.] WHEREAS by Letters Patent of Her late Majesty Queen Victoria bearing- date the eighth day of June, One thousand eight hundred and eighty-eight, the Tei-ritories and Islands therein and herein described were, as and when the same should })ecoine part of Her Majesty's Dominions, constituted and erected into a separate Possession and Government by the name of British New Gruinea ; that is to say, the southern and south-eastern shores of New Gruinea from the one hundred and forty-first meridian of east longitude eastward as far as East Gape, and thence north-westward as far as the eighth parallel of south latitude in the neighbourhood of Mitre Rock, together with the territory lying south of a line from Mitre Rock, proceeding along the said eighth parallel to the one hundred and forty-seventh degree of east longitude, then in a straight line in a north-westerly direction to the point of intersection of the sixth parallel of south latitude and of the one hundred and forty-fourtli degree of east longi- tude, and continuing in a west-north-westerly direction to the point of intersection of the fifth parallel of south latitude and of the one hundred and fort^-first degree of east longitude, together with the Trobriand, Woodlark, D'Entrecasteaux, and Louisiade Groups of Islands and all other Islands lying between the eighth and the twelfth parallels of south latitude and between the one hundred and forty- first and the one hundred and fifty-fifth degrees of east longitude and not forming part of the Colony of Queensland, and furthermore in- cluding all Islands and Reefs lying in the Gulf of Papua to the north- ward of the eighth jjarallel of south latitude : And whereas on or about the fourth day of September, One thousand eight hundred and eighty-eight, the said territory and islands became part of Her Majesty's Dominions : And wliereas by an Order of Her late Majesty Queen Victoria in Council, bearing date the seventeenth day of May, One thousand eight hundred and eighty-eight, made under the provisions of the British Settlements Act 1887, it was provided that an appeal should lie from any court of the Possession of British New Guinea to the Supreme Court of Queensland at Brisbane in the matters and in the manner therein set out : Papua Act 1905. 1007 Order in Council, 24th November, 1891. Order in Council, 8th February, 1896. And whereas by a further Order of Her late Majesty in Conncil, bearing- date the twenty-fourth day of Noveml)er, One thousand ei^iht hun(h-ed and ninety-one, made under the provisions of the British Settlements Act ISS7, it was ])rovided that in all Admiralty matters an appeal should lie from the Oolonial Court of Admiralty of the Possession of British New Guinea to the Supreme Court of Queensland at Brisbane : And whereas by a further Order of Her late Majesty in ('ouncil, bearing date tl»e eighth day of Fel)ru;iry, One thousand eight hundred and ninety-six, made under the British Settlements Act 1887 in pursuance of a convention made between Her Majesty and Her Majesty the Queen of the Netherlands and signed at the Hague on the sixteenth day of May, One thousand eight lumdred and ninety-five, it was provided that the western boundary of the Possession of British New Guinea should be a line starting from the southern coast of the Island of New Guinea at the middle of the mouth of the Bensbach River, situated at about one hundred and forty-one degrees one minute forty-seven and nine-tenths seconds of east longitude, thence proceeding to the north, following the meridian which ])asses through the said mouth up to the point where that meridian meets ihe Fly River, thence along the waterway (" Thalweg ") of the Fly River up to the one hundred and forty-lirst degree of east longitude, thence along the one hundred and forty-first degree of east longitude up to the point of intersection of the boundaries of the British, Netherland, and German possessions, and that the laws of the Possession of British New Guinea should extend to and be in force up to that boundary: And whereas by the Constitution it is provided that the Parliament may make laws for the government of any territory placed by the King under the authority of and accepted by the Commonwealth: And whereas the Senate and the House of Representatives have respectively passed resolutions affirming that they are prepared to join in measures for the acceptance of British New Guinea as a territory of the Commonwealth if His Majesty is pleased to place it under Federal control : And whereas by Letters Patent of His Majesty the King bearing Letters Patent date the eighteenth day of March, One thousand nine hundred and 1902. ^^ ' two, the Possession of British New Guinea was placed under the authority of the Commonwealth, and it was thereby provided that the Governor-General should, so soon as the Parliament had made laws for the government of the Possession, issue a Proclamation signifying and declaring that the Parliament has made laws for the government of the Possession and that from and after the date of such Proclamation (therein referred to as the appointed day) the said Letters Patent of the eighth day of June, One thousand eight hundred and eighty-eight, and any instructions which might from time tt) time have been given to any officer administering the government of British New Guinea with res])ect to the execution of any things that belong to the said office of Administrator should cease to have effect and should be revoked without prejudice to anything lawfully done thereunder; and it was thereby further provided that the powers and authorities conferred by the said Letters Patent of the eighth day of Constitution, sec. 122. Resolutions of Senate and House of Representatives 19th and 20th November, 1901. 1008 TERRITOIUES— Order in Council, 6th March, 1902. June, One thousund ei^lit liumlred and eih any ])0\vers authorities and thities thereby conferred or imposed u])on the Governor of" Queenshiud were conferred and imposed u])()n the (jovernoi'-Gencral, and that tlie said Letters Patent and Instructions should be construed and take efiect with the substitution of the Governor-General for the Governor of Queensland; and it was thereby further ])rovided that the now recited Letters Patent should come into force forthwith : And whereas by an Order of His Majesty in Council bearing date the sixth day of March, One thousand nine hundred and two, it was provided that the Governor-General, so soon as the Parliament had made laws providing for the hearing of apjjcals from the courts of the Possession of British New Guinea, should issue a Proclamation signifying and declaring that the Parliament has made such laws accordingly, and that thereupon the aforesaid Orders in Council of the seventeenth day of May, One thousand eight hundred and eighty- eight, and the twenty-fourth day of November, One thousand eight hundred and ninety-one, should be revoked and should cease to have effect without prejudice to anything lawfully done thereunder, provided that any appeals from any court of the said Possession to the Supreme Court of Queensland at Brisbane under the provisions of the said Orders in Council which should be pending at the date of such Proclamation should be heard and determined by the Supreme Court of Queensland at Brisbane in the same manner and in all respects as though the said Orders in Council had not been revoked: Be it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — Short title. Commencement. Parts of Act. Paet L — Introductory. 1. This Act may be cited as the Papua Act 1905. 3. This Act, except section thirteen thereof, shall commence on the day on which a Proclamation is issued by the Governor-General^") in pursuance of the hereinbefore recited Letters Patent of the eighteenth day of March, One thousand nine hundred and two, but section thirteen shall take effect on and from the passing of this Act. 3. This Act is divided into parts as follows : — Part I. — Introductory. Part 11. — Acceptance of the Territory. Part III. — The Government of the Territory. Division 1. — The Executive Government. Division 2. — The Legislative Council. Division 3. — The Judiciary. Division 4. — Finance. (a) Proclamation issued on 1st September, 1906. See Gazette, 1st September, 1906, p. 1141. Papua Act 1905. 1009 4. In this Act, unless the contrary intention appears — Definitions, " The Territory " means the Territory of Paj)na. " The Lieutenant-Governor " means the Lieutenant-Governor of tlie Territory, and includes any person for the time being administerin<2^ the g'overnment of tlie Territory. "The Executive ('ouncil " means the Executive Council for the Territory. " The Legislative Council " means the Legislative Council for the Territory. " Ordinance " means an Ordinance of the Legislative Council. " The Minister " means the Minister for External Affairs. Paet IL — Acceptance of the Territory. 5. The Possession of British New Guinea is hereby declared to be Acceptance of accepted by the Commonwealth as a Territory under the authority *^« ^^"■'•^°'^y- of the Commonwealth, by the name of the Territory of Papua. 6. — (1.) Subject to this Act, the laws in force in the Possession of continuance of British New Guinea at the commencement of this Act shall continue ^^^^\^^, ^ m lorce m the territory until other provision is made. 44s. 2. (2.) Every Ordinance of the said Possession, or Act or Statute of the State of Queensland adopted as an Ordinance of the Possession, relating to any of the matters enumerated in section forty-one of this Act, shall be forthwith submitted to the Governor-General, who may disallow any such Ordinance within three months from such sub- mission, and such disalloAvance on being made known by the Lieutenant-Governer by Proclamation or by notification in the Gazette of the Territory shall annul the Ordinance from the day when the disallowance is so made known. 7. Except as provided in this or any Act, the Acts of the Parliament commonwealth of the Commonwealth shall not be in force in the Territory unless In'force! *° ^^ expressed to extend thereto. 8. Subject to this Act, the Courts of Justice in existence in the continuance of Possession of British New Guinea at the commencement of this Act, ^„Tt\ and the jurisdiction, practice, and procedure thereof, shall continue no. 44 8. 4. in the Territory until other provision is made. 9. All iudo-es, mao'istrates, and other officers in the public continuance of • 1 Officers service of the Possession of British New Gumeaat the commencement ^^ ^^ ^^ of this Act shall continue in office as if appointed under this Act. s. 5 (5).' Part III. — The Government or the Territory. Division 1. — The Executive Government. The Lieutenant- Governor. 10. There sliall be a Lieutenant-Governor of the Territory, who office of shall be charged with the duty of administering the government Governor. ' thereof on behalf of the C-ominonwealtli. 11. The Lieutenant-Governor shall be appointed by the Governor- Appointment of General by Commission under the Seal of the Commonwealth, and Governor, shall hold office during the pleasure of the Governor-General. lOlU TEUUITOKIES- - Powers and functions of Lieutenant- Governor. Administrator. Power to authorize Lieutenant- Governor to appoint deputies. Oatlis to be taken by Lieutenant- Governor. Public seaL Appointment of officers. 12. Tlio Lieutenant-Governor sliuU exercise and perform all powers and I'lmctions that beloni-- to liis olHce aeeordinntract made or entered into in contravention of this section shall be absolutely illegal and void, (3.) It shall be a defence to a prosecution under this section, and an answer to an allegation that a contract was made or entered into iu contravention of this section, if the party alleged to have con- travened this section proves that the matter or thing alleged to have been done in contravention of this section was not to the detriment of the public, and did not constitute competition which was unfair Amended by in the circumstances, and was not destructive of or injurious to any ^^_2'>^''°' Australian industry. 7b. — Any person who, in relation to trade aud commerce^") with improper other countries or among the States, either as principal or agent, by'^ereoM.*^" refuses either absolutely or except upon disadvantageous conditions inserted by to sell or supply to any other person any goods or services for the Jl^^^' ^^°'' reason that the latter person — {a) deals, or has dealt, or will deal, or intends to deal, with any person ; or {b) deals, or has dealt, or will deal, or intends to deal, with persons who are not members of a Commercial Trust ; or {c) is not a member of a Commercial Trust, is guilty of an ofltence. Penalty : Five hundred pounds. * * * * *S. 8 repealed; No. 26, 1909, 8. 6. (a) See footnote (6) on page 1019. 1022 TRADE AND COMMERCE — Aiding and abetting. Injunction. Ci". U.S. Sherman Act, 1890, s. 4. Amended by No. 29, 1910, s. 6. Amended by No. 26,1909, s. S. 9. Whoever aids, abets, counsels, or procunis, or by act or omission is in any way, directly or indirectly, knowingly concerned in or privy to — ■ (a) the commission of any offence against this Part of this Act ; or {b) the doing of any act outside Austrnliii which wouhl, if done within Australia, be an oifence against this Part of this Act, shall be deemed to have committed the offence. Penalty : Five hundred pounds. 10. — (1.) The Attorney-C^fcuera], or any ])erson thereto autliorized by him, may institute ])roceedings in the liigli Com-t to restrain l)y injunction after hearing and determining the merits and not by way of interlocutory order the carrying out of any contract made or entered into after the commencement of this Act or any combination which — (a) is in restraint of trade or commerce ; or (b) is destructive or injurious, by means of unfair competition, to any Australian industry the preservation of which is advantageous to the Commonwealth, having due regard to the interests of producers, workers, and consumers. Provided that this section shall only apply to contracts or com- binations in relation to commerce^*) with other countries or among the States. (2.) On the conviction of any person for an offence under this Part of this Act the Justice before whom the trial takes place shall, upon application by or on behalf of the Attorney-General or any person thereto authorized by him, grant an injunction restraining the convicted person and his servants and agents from the repetition or continuance of the offence of which he has been convicted. Disobedience to injunction. Inserted by No. 26, 1909, S. 7. Action for treble damages. Cf. U.S. Sherman Act, 1890, s. 7. 10a. — (1.) Any person who does any act or thing in disobedience of an injunction granted under this Part of this Act shall be guilty of an offence. Penalty : Five hundred pounds for each day during which the offence continues. (2.) This section shall not be deemed to derogate from the power of the High Court, apart from this section, to enforce obedience to the injunction. 11. — (1.) Any person who is injured in his person or property by any other person, by reason of any act or thing done by that other person in contravention of this Part of this Act, or by reason of any act or thing done in contravention of any injunction granted under this Part of this Act, may, in the High Court, before a Justice without a jury, sue for and recover treble damages for the injury. (a) See footnote (6) on page 1019. Australian Industries Preservation Act 1906-1910. 1023 (2.) No person sliall, iu any proceeding under tliis section, be incriminating excused from answering- any question put either m):a voce or by di'8TOver°^ interrogatory, or from making any discovery of documents, on the ground that the answer or discovery may criminate or tend to criminate him ; but his answer shall not be admissible in evidence against him in any criminal proceeding other than a prosecution for ])erjury. 12. The jury panel for the trial of any oifence against this special jury. Part of this Act, or for the trial of any action or issue under this Part of this Act, shall be taken from the list of special jurors (if any) in the Statt- or |)ai't of the Commonwealth in which the trial takes place. 13. — (1.) Proceedings for the recovery of pecuniary penalties for civii offences against this Part of this Act (other than indictable oifences For°?he^'r"ecoverv or offences against section fifteen b, section fifteen c, or section «' penalties. fifteen e) shall be instituted in the High Court by way of civil by no.*2*6?i909, action^") and shall be tried before a Justice of thai Court without *• '• a jury. (2.) Any offence against this Part of this Act committed by a second otfenoe. person who has previously been convicted of any offence against this Part of this Act shall be an indictable offence, punishable on conviction by a penalty not exceeding Five hundred pounds, or imprisonment for any term not exceeding one year, or both; in the case of a corporation, by a penalty not exceeding One thousand pounds. 14. — (1.) No proceeding for an indictable offence or for the no proceeding recovery of penalties shall be instituted under this Part except by authoriVof the Attorney-General or some person authorized by him. cenTr"? (2.) No other in-oceeding shall be instituted under this Part Amended by without the written consent of the Attorney-General. s. io. ' 14a. In any proceeding for an offence against this Part of. this information, Act, any indictment, information, statement of (daim, conviction, hfwords"of twl warrant, or other process shall suffice if the offence is set forth as ^'^^■ nearly as may be iu the words of this Act. s. '-im^^' ^^' ^ Inserted by 14b. No person shall, in any proceeding for an offence against s.*?.^'' "'"' this Part of this Act, be excused from answering any question, put ineriminatingr either viva voce or by interrogatory, or from making any discovery Inserted by of documents, on the ground that the answer or discovery may tend no. 29, 1910, to criminate him or make him liable to a penalty ; but his answer *" shall not be admissible in evidence against him in any civil or criminal proceeding other than a proceeding for an offence against this Act or a prosecution for perjury. (a) Held by the High Co'irt that in civil actions lor penalties, in the absence ol statutory provision to the contrary, the plaintiff is not entitled to an order for discovery of documents against the defendant, and that this rule applies both to actions bv the Crown and to actions by a common informer. R. V. Associated Northern Colleries, (1910) 11 C.L.R. 738. 1024 TRADE AND COMMERCE— Minutes, records, &c. , to hi' evidence. Inserted by No. 29, 1910, •- 7. Books, letters, documents, &c, to be evidence. Inserted by No. 29, 1910, $.7. Public notification of terms of contract or combination. 14c. In'"' any iirocccdiiitii: for an oft'ent'e against tliis Part of this Act, wherein a coinbiuatiim or consj)iracy or attein})ted comhinatiou or conspiracy in contravention of this Act is alleged, any book docu- ment paper or writing containing — {a) any minute note record or memoranihim of any ])roceeding at any meeting of tiie persons or any of the persons alleged to have been parties or i)rivy to tlie coml>ination con- spiracy or attenii)t, or (6) any entry })urporting to be a coi)y of or extract from any such book document paper or writing, shall, upon proof that it was produced by or came from the custody of those persons or any of them, or of a res])onsible officer or a repre- sentative of those persons or any of them — (i.) be admissible in evidence against those persons; and (ii.) be evidence that the matter and things thereby a])})('aring to have been done by those persons or any of them were so done, and that any person thereby appearing to have been present at the meeting was so present. 14d. In'") any proceeding for an offence against this Fart of this Act, any book letter document paper or writing, or anything purport- ing to be a copy of or extract from any book letter document paper or writing, containing any reference to any matter or thing alleged to be done in contravention of this Act, shall, upon proof that it was produced by or came from the custody of a person charged wdth the offence, or a responsible officer or a representative of that person — (a) be admissible in evidence against that person ; and [b) be evidence of the matters and things thereby appearing, and that the book letter document paper or writing (or, in the case of a copy, that the original thereof) was written signed despatched and received by the persons by whom it purports to have been written signed despatched and received, and that any such copy or extract is a true copy of or extract from the original of or from which it purports to be a copy or extract. 15. — (1.) Any person party to a contract or member of a combina- tion or in any way concerned in carrying out the contract or the objects of the combination may — (a) lodge with the Attorney-General a statutory declaration by himself, or in the case of a corporation by some one approved of in that behalf by the Attorney-General setting forth truly fully and completely the terms and particulars of the contract, or the purposes objects and terms of agreement or constitution of the combination, as the case may be, and an address in Australia to which notices may be sent by the Attorney-General ; and (b) publish the statutory declaration in the Gazette. (a) Held by Isaacs, J., that sees. 14c and 14D are procedure provisions and are applicable to the trial of proceedings instituted before the passing of those sections by the legislature in 1910. R. and Attorney-Ge»eral of the Commontvealth v. Associated Northern Collieries, (1911) 14 C.L.B,. 387. Held, further, that the sections referred to do not create any new liability or lessen an old one. but lay down rules respecting the mode of proof at the trial. Ibid. Held, further, that they apply to offences originally created under Part II. of the Principal Act of 1906 although material alterations with respect to such offences are made by the Act of 1910, and that they apply as to the proof to be given as to such original offences as well as to the new oilences created by the Act of 1910. Ibid. Australian Industries Preservation Act 1906-1910. 1025 (2.) The Attorney-General may at any time send notice to the person above-mentioned (hereinafter called the declarant), to the address men- tioned in the statutory (leclaration,that he considers the contract or com- bination likely to restrain trade or commerce to the detrimentof tlie ])nb- lic,or to destroy or injure an Australian industry by uufiiir competition. (3.) In any proceeding against the declarant in respect of any offence against section four of this Act, alleged to have been committed by him in relation to the contract or com- bination after the time the statutory declaration has been lodged and published, and before any notice as aforesaid has been sent to him by the Attorney-lieneral, it shall be deemed (but as regards the declarant only and not as regards any other person) that the declarant had no intent to contravene the provisions of the section, if he proves that the statutory declaration contains a true full and complete statement of the terms and particulars of the contract, or the purposes, objects, and terms of agreement or constitution of the combination, as the case may ])e. at the date of the statutory declara- tion and at the date of the alleged offence. 15a. In'"' any prosecution for an offence against sections four, seven, seven a, seven B,or nine of this Act the averments of the prosecutor contained in the information declaration or <'laim shall be deemed to be proved in the absence of proof to the contrary, but so that — (ct) the averment in the information of intent shall not be deemed sufficient to prove such intent, and (h) in all proceedings for an indictable offence the guilt of the defendant must be established by evidence. 15b. — (1.) If^^ the Comptroller-General believes that an offence has been committed against this Part of this Act, or if a complaint has been made in writing to the Comptroller-General that an offence has been committed against this Part of this Act and the Comptroller-General believes that the offence has been committed, he may by writing under his hand require any person^"^ whom he believes to be capable of giving any information in relation to the alleged offence to answer questions and to produce documents to him or to some person named by him in relation to the alleged offence. (2.) No person shall refuse or fail to answer questions or produce documents when required to do so in pursuance of this section. Penalty : Fifty pounds. (3.) The Comptroller-General or any person to whom any docu- ments are produced in pursuance of this section may take copies of or extracts from those documents. (a) As to the constitutionality and scope of this section, see R. and Attorney-General of the Cmnmon- wealth V. Associated Northern Collieries, (1911) 14 C'.L.R. 387, and, on appeal, Adelaide Steamship Co. Ltd. V. R. and Attorney-General of the Commnnwealth. (1912) 15 C.L.R. 65. (h) Held by the Hicjh Court that this section is intra vires the Commonwealth Parliament and valid ; that the inquiry authorized by the section is not inconsLstent with the right of trial by jury conferred by section 80 of the Constitution: that it is not an exercise of the judicial power of the Commonwealth; and is not an incident of the execution and maintenance of tlie provisions of the Constitution relating to trade and commerce within the meaning of section 101 of the Constitution, and need not be entrusted to the Inter-State Commission. Huddart Parker and Co. Prop. Ltd. v. Moorehead, (1908) 8 C.I/.R. 330. Held by th? High Court (Griffith, C. .!., and Barton. J., Isaacs, .T., dissenting) that when the Attorney- General has formally institutt^d a prosecution in respect of an alleged offence undi'r the Act. the power, as well as the purpose, of the section is exhausted, so far as regards the persons whom the Attorney- General alleges to have committed the offence for which he prosecutes, whether they are parties to the suit or not, and the section does not empower the Comptroller-General to put questions foi the purpose of collecting evidence in a pending suit. Melbourne Steatnuhip Co. Ltd. v. Moorehead. (1912) 18 A.L.R. 533. (c) Held by the High Court (GriflBth, C.J., and Barton, J., Isaacs, J., dissenting) that " person " in this section does not include an incorporated company. Melbourne Steamship Co. Ltd. v. Moore- head {supra). Notice by Attorney- General. Innocent intent presumed. Amended by No. 26, 1909, s. 11. Burden of proof. Of. 1901, No. 6 s. 25.';. Inserted by No. 5,1908,1.4. Amended by No. 26, 1909, 8.12. fower to require persons to answer questions and produce documents. Of. 1901, No. 6 ss. 38, 234. Inserted by No. 5, 1908, S. 4. 1026 TltADE AND COMMERCE- Amended by No. 29, 1910, t. 8. Production of documents, &c. Of. 1901, No. 6 8. 214. Inserted by No. 6,1908,8.4. Comptroller- General may impound documents. Of. 1901, No 6 s. 215 Inserted by No. 5, 1908, s. Information not to be disclosed. Inserted by No. 5,1908,8.4. (4.) No person shall be excused from answering any questions or producing any documents when required to do so under this section on the ground that the answer to the question or the ])r()duction of the document might tend to criminate him or make him liable to a penalty ; but his answer shall not be admissible in eviden(;e against him in any civil or criminal proceeding other than a proceeding for an offence against this Part of this Act. 15c. — (1.) Whenever a complaint on oath has been made in writing to the ComjitroUer-General that any person or any foreign corporation or any trading or financial corjioration formed within the Comu--/n wealth has been guilty of ;uiy offence against this Part of this Act, the Comptrollcr-Cleneral, if lie believes the conqilaint to be well founded, may, by writing, require any such person or foreign corporation or trading or financial corporation or any member, officer or agent of any such corporation, to produce and hand over to him or to some ])erson apjiointcd by him in writing all books and documents relating to the subject-matter of the complaint and all books and documents of any kind whatsoever wherein any entry or memorandum appears in any way relating to the subject-matter of the complaint. (2.) Every person or foreign corporation, or trading or financial corporation, required by the Comptroller-General as aforesaid to produce to him or to some person appointed by him in writing any books or documents shall forthwith produce and hand over such books or documents accordingly. Penalty: One hundred pounds. (3.) The Comptroller-General or any person appointed by him in writing may inspect all books and documents produced in pursuance of this section and may make copies of or extracts from those books or documents. 15d. The ('Omptroller-General may impound or retain any book or document produced to him or to any person so appointed by him in pursuance of the preceding section, but the person or corporation otherwise entitled to such book or document shall in lieu thereof be entitled to a copy certified as correct by the Comptroller-General, • and such certified copy shall be receivable in all ( 'ourts as evidence and of equal validity with the original. And until such certified copy is supplied the Comptroller-General may at such times and places as he shall think proper permit such person, or in the case of a corporation any person appointed for the purpose by the corporation, to inspect and take extracts from the books or docu- ments so impounded or retained. 15e. No person shall disclose any information gained by him in the exercise of the powers conferred by the last three preceding sections except — {a) to the Attorney-General, or some person authorized by him ; (b) to the Comptroller-General ; (c) when giving evidence in any proceeding for an offence against this Part of this Act. Penalty : Fifty pounds. Australian Industries Preservation Act 1906-1910. 1027 When competition deemed unfair. Pakt III. — Prevention of Dumping. 16. In tllis Part of this Act interpretation. "Justice " means a Justice of the High Court ; " The Comptroller-General " means the Comptroller-General of Customs ; " Imported goods " and "Australian goods " include goods of those classes respectively, and all parts or ingredients thereof ; " Produced " includes manufactured, and " Producer " includes manufacturer ; " Trade " includes i)roduction of every kind ; " Industries " shall not include industries in which in the opinion of the Comptroller-General or Justice as the case may be, the majority of workers do not receive adequate remuneration or are subject to unftiir terms or conditions of labour or employment. 17. Unfair competition has in all cases reference to competition industries to with those Australian industries, the preservation of which, in the Tomp^etiUOT opinion of the (.'Omptroller-General or a Justice as the case may '■®^"^- be, is advantageous to the Commonwealth, having due regard to the interests of producers, workers, and consumers. 18. — (1.) For the jmrposes of this Part of this Act, competition shall be deemed to be unfair, unless the contrary is proved, if — (a) under ordinary circumstances of trade it would probably lead to the Australian goods being no longer produced or being withdrawn from the market or being sold at a loss unless produced at an inadequate remuneration for labour ; or {h) the means adopted by the person importing or selling the imported goods are, in the opinion of the Comptroller- General or a Justice as the case may be, unfair in the circumstances : or (c) the competition would prol)ably or does in fact result in an inadequate remuneration for labour in the Australian industry ; or {(1) tlie competition would prol)ably or does in fact result in creating any substantial disorganization in Australian industry or throwing workers out of employment ; or ie) the imported goods have been purchased abroad by or for the importer, from the manufacturer or some person acting for or in combination with him or accounting to him, at prices greatly below their ordinary cost ol production wliere produced or market price where pur- chased ; or (/) the imported goods are imported by or for the manufac- turer, or some person acting for or in combination with him or accounting to him, and are being sold in Aus- tralia at a price which is less than gives the person importing or selling them a fair profit upon their fair foreign market value, or their fair selling value if sold in the country of production, together with all charges after shipment from the place whence the goods are exported directly to Australia (including Customs duty). 1028 TRADE AND COMMERCE- t'ortillcate by Comptroller as to unfair competition. Matters required to be specified. Additional statements. Opportunity to show cause. Reference liy Minister to Justice. Importation pending publication. (2.) In determining whether the competition is unfair, regard shall be liad to the management, the processes, the phmt, and the machinery employed or adopted in the Australian industry afFec'ted by the (',oin])etitioii being reasonably eltieient, effective, and up-to-date. 19. — (1.) The Comptroller-General, whenever he has received a complaint in writing and has reason to believe that any person (hereinafter called the importer), either singly or in combination with any other person within or beyond the Commonwealth, is importing into Australia goods (hereinafter called imported goods) with intent to destroy or injure any Australian industry by their sale ordis])Osal within the Commonwealth in unfair competition with any Australian goods, may certify to the Minister accordingly. (2.) The certiHcate of the Comptroller-General shall specify — {a) the imported goods ; [b) the Australian industry and goods ; ((?) the importer ; (d) the grounds of unfairness in the competition ; (e) the name, address, and occupation of any person (not being an officer of the public service) upon whose information he may have acted. (3.) The Comptroller-General may add to his certificate a state- ment of such other facts as in his opinion ought to be specified to give the importer fair notice of the matters complained of. (4.) The Comptroller-General shall, before making his certificate, give to the importer an opportunity to show cause why the cer- tificate should not be made and furnish him with a copy of the com- plaint. (5.) On receipt of the certificate the Minister may — (a) by order in writing refer to a Justice the investigation and determination of the question whether the imported goods are being imported with the intent alleged ; and if so, whether the importation of the goods should be prohibited either absolutely or subject to any specified conditions or restrictions or limitations ; (b) notify in the Gazette that the question has been so referred ; and ((?) forward to the Justice a copy of the certificate. 20. From the date of the Gazette notice until the publication in the Gazette of the determination of the question by the Justice, goods the subject of the investigation shall not be imported unless the importer — {a) gives to the Minister a bond with such sureties as the Minister approves, for such amount (not exceeding the true value of the goods for Customs purposes) as the Minister considers just and reasonable by way of pre- caution in the circumstances, and conditioned to be void if the Justice determines the question in favour of the importer ; or (b) gives such other security and complies with such other conditions as the Minister approves ; Australian Industries Preservation Act 1906-1910. 1029 and those ^'•oocls shall, if imported in contravention of this section, be deemed to be prohibited imi)orts within the meaning of the Customs Act 1901, and the ])rovisiuiis of tliat Act shall apply to the goods accordingly. 21. — (1.) The Justice shall proceed to expeditiously and care- Justice to fully investigate and determine the matter, and for the purpose of ditlmine! ^"^ the proceeding shall have power to inquire as to any goods, things, and matters whatsoever which he considers pertinent, necessary, or material.- (2.) For the purpose of the proceeding the Justice shall sit in power of open Court, and shall have all the powers of a Justice in the •'"^^'^«- exercise of the ordinary jurisdiction of the High Court. He may, if he thinks fit, and shall on tlie application ot either party, state a case for the opinion of the Full Court upon any question of law arising in the proceeding. And he may if he thinks fit, at any stage of the proceeding, refer the investigation and determination of the matter to the Full Court, which shall in that case have all the powers and functions of a Justice under this Part of this Act. (3.) The certificate of the Ci)mptroller-General shall be prima certificate facie evidence of facts by sub-section (2.) of section nineteen of fviden^r^ this Act required to be specified therein. (4.) In addition to the Comptroller-General and the importer the Justice may, if he thinks fit, allow any person interested in importing imported goods to be represented at the investigation. (5.) The Justice shall be guided by good conscience and the substantial merits of the case, without regard to legal forms or technicalities, or whether the evidence before him is in accordance with the law of evidence or not. (6.) No person shall in any proceeding before a Justice be excused from answering any question or producing documents on the ground that the answer or production may criminate or tend to criminate him, but his answer shall not be admissible in evidence against him in any criminal proceeding other than a prosecution for perjury. (7.) The Justice shall forward his determination to the Minister. (8.) In the case of the following agricultural implements: — Plougljs of all kinds over 1^ cwt., tine harrows, disc harrows, grain drills, combined grain seed and manure drills, land rollers, cultivators, chaff" cutters, seed cleaners, stripper harvesters, and any other implement usually used in agriculture, the Justice shall inquire into and determine the question whether the goods are being imported with the effect of benefiting the primary pro- ducers without unfairly injuring any other section of the community of the Commonwealth. (9.) The determination of the Justice shall be final and conclu- Determination sive and without appeal, and shall not be questioned in any way. conciushe. Justice to decide according to conscience and merits. 1030 TRADE AND COMxMERCE- Action upon dttcniiitiatioii. Reduction of amount of bond . Power to rescind prohibition. 22. — (1.) Upon the reeeii)t of the determiuation of the Jus- tice, tlie Minister shall forthwith cause it to Ix' ])ulilisli('(l in the (layette. {'Z.) If the Justice deterniiues that the imported •i:oods are hein^ inii)orte(l with the intent alleged, and rhat their importation should be prohibited either absolutely or subject to any si)ecitied conditions or restrictions or limitations of any kind whatsoever — (a) the determination when so jmblislied shall have the eifect of a proclamation under the Cmtoms Act VM\ I>ro- hibiting the importation of tlie goods either absolutely or subject to those conditions or restrictions or limita- tions as the case may be ; and in that case the i)ro- visions of that Act shall a])ply to goods so prohibited : and {b) the Justice may by order reduce the amount recoverable under any bond given in i)ursuance of this Part of this Act to such sum as the importer satisfies him is reasonable and just in the circumstances. 23. The Governor-General may at any time, by proclamation, simultaneously with or subsequently to any prohibition under this Part of this 'Act, rescind in whole or in part, the prohibition or any condition or restriction or limitation on importation imposed therebv. Determination to be laid before Parliament. Rules of Court. Wilfully making false statement or misleading Comptroller- General. 24. In all cases of prohibition the determination of the Justice and any proclamation affecting the same shall be laid before both Houses of the Parliament within seven days after the publication in the Gazette, or, if the Parliament is not then sitting, within seven days after the next meeting of Parliament. 25. The Justices of the High Court, or a majority of them, may make Rules of Court, not inconsistent with this Act, for regulating the proceedings before a Justice under this Part of this Act, and for carrying this Part of this Act into effect. 26. — (1.) Any person who wilfully — {a) makes to the Comptroller-General or to any officer of Customs any false statement in relation to any action or proceedings taken or proposed to be taken under this Part of this Act ; or (b) misleads the Comptroller-General in any particular likely to affect the discharge of his duty under this Act ; shall be guilty of an offence. Penalty: One hundred pounds or Twelve months' imprisonment. (2.) Any person convicted under the last preceding sub-section may be ordered by the Justice to whom a question is referred under this Part of this Act to pay the whole or part of tne costs incurred by the importer in whose favour the question is determined. Commerce {Trade Descriptions) Act 1905. 1031 Commerce (Trade Descriptions) Act lUUo. No. 16 of 1905. An Act relating to Commerce with other Countries [Assented to 8th December, 1905.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows : — Introductory. 1 . This Act may be cited as the Commerce ( Trade Descrijjtions) short utie and Act 1905, and shall commence on a day to be fixed by proclamation not being earlier than six months after the passing of this Act.^*) commencetuent. 2. This Act shall be incorporated and read as one with the incorporation. Customs Act 1901. 3. In this Act, unless the contrary intention api)ears — " Officer " means an officer of Customs. «" Trade description," in relation to any goods, means any des- cription, statement, indication, or suggestion, direct or indirect— (a) as to the nature, number, quantity, quality, purity, class, grade'*"', measure, gauge, size, or weight of the goods ; or (b) as to the country or place in or at which the goods were made or produced ; or (c) as to the manufacturer or producer of the goods or the l)erson by whom they were selected, packed, or in any way prepared for the market ; or {d) as to the mode of manufacturing, producing, selecting-, packing, or otherwise preparing the goods ; or {e) as to the material or ingredients of which the goods are composed, or from which they are derived ; or (/) as to the goods being the subject of an existing patent, privilege, or copyright, and includes a (Customs entry relating to goods ; and anv mark which according to the custom of the trade or common repute is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act. (o) Proclaimed to coiamence 8th June, 1938. See Gazette, 17th February, 1906, p. 131. (6) See footnote (a) to section 17 of this Act, (infra, p. 1035). Definitions. TRADE AND COMMERCP]- " False trade description " means a trade description which, by reason of anythinf? contained therein or omitted therefrom, is false or likely to mislead in a material respect as regards the goods to wiiic-h it is applied, and inchides every alteration of a tra(h> description, wlu'thcr by way of addition, eifacement, or otherwise, wliicli makes the desctription false or likely to mislead in a iiiaterial respect. 4. — (1.) A trade description shall l)e deemed to he applied to »j^oods if — (a) it is ap]>lied to the goods themselves ; or (b) it is ai)plie(l to any covering, label, reel, or thing nsed in connexion with the goods ; or (c) it is ns(>d in any manner likely to lead to the belief that it describes or designates the goods. (2) " Covering " inclndes any stopper, glass, bottle, vessel, box, capsule, case, frame, or wra})per ; and " label " includes any band or ti(dvet. Inspection of Imports and Exports. 5. — (1.) An officer may inspect and examine all prescribed goods which are imported, or which are entered for export or brought for export to any wharf or place. (2.) The officer may where practicable take samples of any goods inspected by him pursuant to this section, and the samjiles so taken shall be dealt with as prescribed. (3.) For the purposes of this section an officer may enter any ship, wharf or place, and may open any packages, and may do all things necessary to enable him to carry out his powers and duties under this section. 6. Every person who intends to export any goods of a kind or class required under this Act to be inspected or examined by an officer, shall, if required to do so by regulation, before the goods are shipped, give notice, in accordance with the regulations, to the Customs of his intention to export the goods and of the place where the goods may be inspected. Penalty : Twenty })0uuds. Imports. 7, — (1.) The regulations may prohibit the importation or intro- duction into Australia of any specified goods unless there is applied to them a trade description of such character, relating to such matters, and applied in such manner, as is prescribed. (2.) All goods imported in contravention of any regulation under this section may be detained by the Collector and may by direction of the Minister be seized as forfeited to the King. (3.) Subject to the regulations, the Comptroller-General, or on appeal from him the Minister, may in any case, and if in his opinion the contravention has not occurred either knowingly or negligently shall permit any goods which are liable to be or have been seized as Commerce (Trade Descriptions) Act 1905, 1033 forfeited under this section to be delivered to the owner or importer upon security being given to the satisfaction of the Comptroller- General that the prescribed trade description will be applied to the goods or that they will })e forthwith exported. (4.) No regulation under this section shall take effect until after the expiration of not less than three months from notification in the Gazette. 8. All imported goods to which a trade description is by this imported jfoods Act or the regulations required to be applied, and which are found Australia in Australia in any package or covering in which they were ^es°H^ed trade imported, and without the prescribed trade description, shall until the description, contrary is proved be deemed to have been imported in contraven- tion of this Act or of the regulations as the case may be. 9. No person shall import any goods to which a false trade importation of description is applied. '^'^^l ''''■''""' Penalty : One hundred pounds. It shall l)e a defence to a prosecution for an offence against this section if the defendant proves that he did not knowingly import the goods in contravention of this section. 10. All goods to which any false trade description is applied are Forfeiture of hereby prohibited to be imported, and shall if imported be forfeited ^glfll '"'*'■'""' to the King. Provided that the Comptroller-General, or on a])})eal from him the Minister, may, if he is satisfied that any goods which have been seized as forfeited under this section were not knowingly imported in contravention of this Act, permit the importer to correct the false trade description, and may, when the correction has been made to his satisfaction, order the release of the goods, subject to the payment l)y the importer to the Customs of the expenses of the seizure, and thereui3on the forfeiture shall be remitted. Exports. 11. — (1.) The regulations may prohibit the exportation of any Proiiiwtion oi specified goods, unless there is applied to them a trade description bearing "he of such character, relating to such matters, and applied in such prescribed trade ' .^ ~ ' i J- description. manner, as is prescribed.^"' (2.) All such goods to which the prescribed trade description is not applied, which are exported or entered for export or put on board any ship or boat for export or brought to any wharf or place for export, may be detained by the Collector, and may by direction of the Minister be seized as forfeited to the King. (3.) Subject to the regulations the Comptroller-General, or on appeal fi'om him the Minister, may in any case, and if in his opinion the contravention has not occurred either knowingly or negligently shall permit any goods which are liable to be or have been seized as forfeited under this section to be delivered to the owner or exporter, upon security being given to the satisfaction of the Comptroller-General that the goods shall not he exported in contravention of the regulations. (a) See footnote (a) to section 17 of this Act, {infra, p. 1035). 1034 TRADE AND COMMERCE- Penalty for npplyiiijj false trade description to exports. Kxportation of falsely marked soods. Marking- of goods for export. Application of sections 7 and 11. Trade description disclosing' trade secrets. 13. No person shall — (a) kiiowiiitjly apply any false trade description to any goods intended or entered for export or put on jiny sliij)or boat for export, or broujj^ht to any wharf or j)lace for the l)nrpose of export ; or (d) knowingly export or enter for export or put on any ship or boat for export any goods to which a false trade descrip- tion is applied. Penalty : One hundred pounds. 13. All goods to which any false trade description is apjdied are hereby i)roliibited to be exported, and shall, if exported or entered for export or ])ut on any ship or l)oat for ex])ort, or brought to any wharf or i)lace for the purpose of export, be forfeited to the King. Provided that the Comptroller-General, or on appeal from him the Minister, may, if he is satisfied that the owner of any goods, which have been seized as forfeited under this sectiuu did not knowingly act in contravention of this Act, permit the correction of the false trade description, and may, when the correction lias been made to his satisfaction, order the release of the goods, subject to the payment by the exporter of the expenses of the seizure, and thereupon the forfeiture shall be remitted. 14. Any goods intended for export which have been ins})ected in pursuance of this Act may in manner prescribed be marked with the prescribed trade description. 15. Sections seven and eleven of this Act shall not apply to any ofoods other than — (a) articles used for food or drink by man, or used in the manufacture or preparation of articles used for food or drink by man ; or (b) medicines or medicinal preparations for internal or external use ; or (c) manures ; or (d) apparel (including boots and shoes) and the materials from which such a2)parel is manufactured ; or (e) jewellery ; or (J') seeds and plants. 16. The regulations under sections seven and eleven of this Act shall not prescribe a trade description which discloses trade secrets of manufacture or preparation, unless in the opinion of the Governor-General the disclosure is necessary for the protection of the health or welfare of the public. Regulations. Miscellaneous. 17. The Governor-General may make regulations not incon- sistent with this Act jjrescribiug all matters and things required or permitted by this Act to be prescribed or which are necessary and convenient to be pres(;ribed for carrying out or giving effect to this Secret Commissions Act m05. 1035 Act, and particularly for the analysis of samples taken under this Act, and the extent to which certificates of analysis shall he -prima facie evidence in proceedings under this Act of the facts therein stated.(«) 18. Whoever aids, abets, counsels, or procures, or by act or Aiding omission is in any way, directly or indirectly, knowingly concerned offe^ncV"^ in the commission of any offence against this Act shall be deemed to have committed that offence, and shall be punishable accordingly. Secret Commissions Act 1905.^*^ No. 10 of 1905. An Act relating to Secret Commissions, Eebates, and i^rofits. [Assented to 16tli November, 1905.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Austraha as follows : — 1. This Act may be cited as the Secret Commissions Act 1905. Short title. 3. This Act applies to trade and commerce^^) with otiier countries Application. and among the States, and to agencies of and contracts with the Commonwealth or any Department or officer thereof. 3. In this Act — ''Agent" includes any corporation, firm, or person employed by or acting or havmg been acting or desiring or intending to act for or on behalf of any other corporation, firm, or person, whether as agent, partner, factor, broker, servant, trustee, director, or in any other capacity, and whether he acts in the name of the principal or in any other name, and in the case of a firm includes a member of the firm. It also includes a person serving under the Crown. (a) Held by the High Court that this section does not authorize the issue of regulations empowering an officer to grade exports and place on the boxes containing such exports marks indicating the grades, without the consent of the consignor of the goods. Woodstock Central Dairy Co. Ltd. v. Commonwealth <1912) 18 A.L.R. 403. (6) Note. — Section 7 of the Seat of Government {Administration) Act 1910 is as follows : — " 7, The Secret Commissions Act 1905 shall apply in the Territory to trade and commerce in or with the Territory, as if the words ' with other countries and among the States ' were omitted from section 2 of that Act." Section 8 of the Northern Territory {Administration) Act 1910 is as follows : — " 8. The Secret Commissions Act 1905 shall apply in the Territory to trade and commerce in or with the Territory, as if the words * with other countries and among the States ' were omitted from section 2 of that Act." Definitions 1036 TRADE AND COMMERCE— "Agency" has a meaning corresponding witli tliat of "agent." "Consideration" means valnable consideration of any kind, and particularly includes discoiuits, commission and rebates, bonuses, deductions and ])ercentages, and also em})loyment or an agreemeut to give em})loyment in jiny capacity. "Full knowledge" means knowledge of all material facts and circumstances. "Principal" includes a corporation, firm, or person who employs the agent or for or on behalf of wliom tlie agent acts or has been actins: or desires or intends to act. Secret giits accepted by or offered to ag-ent as inducement or reward. False account given to or received or used by age no. 4. — (1.) Any person who, without tlie full knowledge and consent of the principal, directly or indirectly — {a) being an agent of the principal accepts or obtains or agrees or oifers to accept or obtain from any person for himself or for any person other than the principal ; or (d) gives or agrees to give or offers to an agent of the principal or to any person at the request of an agent of the principal any gift or consideration as an inducement or reward — (i.) for any act done or to be done, or any forbearance observed or to be observed, or any favour or disfavour shown or to be shown, in relation to the principal's affairs or business, or on the principal's behalf; or (ii.) for obtaining or having obtained or aiding or having aided to obtain for any person an agency or contract for or with the principal shall be guilty of an indictable offence. Penalty : In the case of a corporation, One thousand pounds ; in the case of any other person, two years' imprisonment or Five hundred pounds, or both. (2.) A gift or consideration shall be deemed to be given as an inducement or reward if the receipt or any expectation thereof would be in any way likely to influence the ag'ent to do or to leave undone something contrary to his duty. 5. Any person who — {a) gives to an agent ; or {b) being an agent receives or uses, with intent to deceive the principal, any receipt, account, or docu- ment in respect of which the principal is interested, or in relation to a dealing, transaction, or matter in which the principal is interested, the receipt, account, or document being false, erroneous, or defective in any material particular, or likely in any way to mislead the principal, shall be guilty of an indictable offence. Penalty : In the case of a corporation, One thousand pounds ; in the case of any other person, two years' imprisonment or Five hundred pounds, or both. Secret Commissions Act 1905. 1037 6. Any agent who, without the full knowledge and consent of the A^'entsecretiy principal, buys from or sells to himself, or any firm of which he is a selling" to partner, or any company of which he is a director, manager, officer, •^'^'^'^'f- or employee, or in which he or any person for liim or on his behalf is a shareholder, any goods for or on behalf of his principal, shall be guilty of an indictal)le oifence. Penalty : In the case of a corporation. One thousand pounds ; in the case of any otlier person, two years' imprisonment or Five hundred pounds, or both. 7. — (1.) Where any gift or consideration has in contravention of Principal may , , . . \ / . 1 I i. i.1 • • 1 • recover amouni this Act been given by any person to an agent, the i)rincipal may, m of secret Kift. any court of competent federal jurisdiction, recover the amount or the money value thereof either from the agent or from the person who gave the gift or consideration to the agent. (2.) No conviction or acquittal of the defendant in respect of an oifence under this Act shall operate as a bar to proceedings under this section. 8. No person shall in any civil or criminal proceeding be excused incriminating from answering any question, put either viva voce or by inter- d?scOTery" rogatory, or from making any discovery of documents, on the ground that the answer or discovery may criminate or tend to criminate him in respect of an oifence against this Act ; but his answer shall not be admissible in evidence against him in any criminal pro- ceeding, other than a prosecution for perjury. 9. In any civil or criminal proceeding under this Act evidence Evidence, shall not be admissible to show that any such gift or consideration as is mentioned in this Act is customary in any trade or calling. 10. Whoever aids abets counsels or procures or is in any way Aidinsr and directly or indirectly knowingly concerned in or privy to — ofifenc"! {a) the commission of any oifence against this Act ; (b) the commission outside Australia of any act, in relation to of. 5o & si vict. the affairs or business or on behalf of a principal residing "^^ ^^ ^- ^^' in Australia, which if committed in Australia would be an oifence against this Act, shall be deemed to have committed the offence and be punishable accordingly. 11. Every information (other than an indictment) for any oifence information under this Act shall be upon oath. "''°" Tkade Marks. 6'(?e INDUSTRIAL PROPERTY. Wireless Telegraphy. See POST AND TELEGRAPH. INIDEX TO THE COMMONWEALTH OF AUSTRALIA CONSTITUTIOi\ ACT AS ALTERED TO 1st JANUARY, 1912, CONSTITUTION ALTERATION (SENATE ELECTIONS) 1906, CONSTITUTION ALTERATION (STATE DEBTS) 1909. 1041 INDEX COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT. As Altered to Ist Januauy, 1912. Note. —In the reference to sections the numbers to which the letters "cl." are prefixed refer to the "covering clauses" of the (Constitution Act ; the numbers without that prefix refer to the sections of the Constitution. Subject. ABORIGINAL natives not to be counted in population race in any State excepted from power to make special laws ... ABSENCE of President of Senate ... Speaker of House of Representatives Senator Member of House of Representatives ... ABSOLUTE MAJORITY REQUIRED to decide questions at joint sittings for alteration of the < onstitution ACCEPTANCE BY COMMONWEALTH of territory acquired surrendered by State ACQUISITION BY COMMONWEALTH of places for public purposes, exclusive legislative power upon property, legislative power as to property of State used, but noi exclusively,in connexion with transferred Department State Railways, legislative power as to ... territory territoiy for seat of government ADJUDICATION BY INTER-STATE COMMISSION. See Inter-State Commission. ADMINISTRATION of Commonwealth Departments by Ministers powers of Inter-State Commission as to ADMINISTRATOR OF GOVERNMENT— appointment of included in term "Governor-General" not to receive salary for any other ofl&ce ... ADMIRALTY JURISDICTION may be conferred on High Court ... See also Federai., Jurisdiction. ADMISSION TO THE COMMONWEALTH of other Australasian colonies and possessions colonies or territories as States new States ... States, continuance of State Constitutions on powers of State Parliaments on ADULT electors of States, rights of suffrage in States, count ing of votes pending uniform franchise AFFIRMATION. See Oath. AGREEMENT for bounty. See Bounties. compensation for transferred property of people of colonies to unite Western Australia to unite in Commonwealth ... with public service, disqualification for Parliament by Section. 127 51 (xxvi) 26 13 18,19,21 33, 36, 37 20 38 7, 8 9, 10 7 10 57 128 15 27 122 111, 122 26 24,26 52 (i.) 51 (xxxi.) 14 13 85 (ii ) 51 (xxxiii.) 122 125 20 13 26 26 64 101 16 23 4 4 4 5 5 5 76 (iii.) Page. 19 Preamble 3 cl. 6 4 121 25 106 24 107 24 41 10 12S 27 85 (iii.) 20 Preamble 3 cl. 3 3 44 (v.), 45 11 1042 Index to Constitution Act. Subject. AID. See Bounties. ALIENS— legislative power as to ... See also Naturalization. ALLE(iIANCK- oath or affirmation of, by Members of Parliament ... form of to foreign power disqualifies for Parliament ALLOWANCK- retiring. See Retiring Allowance. to Members of Parliament ALTERATION of the Constitution State Constitutions State laws within concurrent power State limits ... See also Amendment. AMENDMENT of Bills by Senate. See Senate. Hills for altering Constitution ... Bills at joint sittings ... recommenclation of, by Governor-General ... requests by Senate for amendment of Money Bills ... ^Pf» fi 1 SO Aftkraxion^ ANNUAL APPROPRIATION BILL, See Appkopri.\tion Bill. APPEAL to High Court from Justices of High Court Federal Courts, or Courts of Federal Jurisdiction State Courts... Inter-State Commission conditions of and restrictions on from High Court to Privy Council, none as of right by special leave ... on Constitutional questions power to limit right of ... APPOINTMENT of day of union ... Governor-General Administrator of Government ... deputies of Governor-General ... Ministers of State other Executive officers Justices of Federal Courts Members "f Inter-State Commission APPORTIONMENT of number of Members of House of Representatives in first Parliament of revenue and expenditure APPROPRIATION of revenues or moneys purpose of, to be recommended by Governor-General APPROPRIATION BILLS— annual, to deal only with appropriation Bills appropriating fees or penalties only are not not to originate in Senate powers of Senate as to . . . purpose of, to be recomniended by (rovernor-General ARBITRATION— industrial, legislative power as to ASSENT, ROYAL— presentation for, of Bill passed l)y both Houses at joint sitting .^ to amend Constitution by Governor-General, in King's name 51 (xix.) 42 Schedule 44 •.!.), 45 48 12S 27 106 24 108 24 23, 128 26, 128 27 57 15 58 15 53 14 n (i.) I'age. IS 10 27 11 12 17 73 (ii.) 17 73 17 73(iii.) 17 73 17 73 17 74 18 74 18 74 18 cl. 3 3 2 5 4 5 126 26 64 16 67 16 72 17 103 23 24 S 26 8 89, 93 21,1 81, 83 19 56 15 54 14 53 14 53 14 53 14 56 15 )1 (XXXT.) 13 58 15 57 15 128 27 58 15 Index to Constitution Act. 1043 Subject. Section. Page. ASSENT, ROYAL— co?itates. See States CREDIT . of Commonwealth, power to borrow on ... revenue See Revenue. CRIMINALS influx of, legislative power as to... See also Offence. CROWN- (^ommon wealth is under... lands, grant of, for seat of Government ... ... office of profit under. See Office. pension payable during pleasure of. See Pension. See also King. CURRENCY- legislative power as to ... issue of paper money See also Coinage : Legal Tender. CURRENT OBLIGATIONS of transferred departments CUSTOMS DEPARTMENTS transferred to Commonwealth CUSTOMS DUTIES— collection and control of . . . crediting of, on inter-state transfer exclusive power to impose imposition of. See Imposition. laws imposing, to deal only with Customs .. liability of goods to, on inter-state transfer within two years after uniform duties ... net revenue from, application of ... State laws imposing, cessation of ... uniform, first imposition of Section. Page. 75 (ii.) 51 (XX.) • 51 (iv, 18 3 5 72 17 103 23 106 24 108 24 107 24 44 (v.), 45 11 86 21 51 (vi.) 12 84 20 S6 21 51 (xxxii.) 13 52 (ii.) 14 122 26 44 (ii.), 45 11 51 (xviii.) 13 13 12 51 (xxviii.) 13 Preamble 3 125 26 51 (xii.) 51 (xiii.) 1 12 12 85 (iv.) 20 69 17 86 93 90 21 22 21 55 14 92 87 90 88 21 21 21 21 Index to Constitution Act. 104' Subject. Section. Page. CUSTOMS DUTIES— co?i<«merf. Western Australia, power of, to impose on Australian goods for five years 95 22 reductioneachyearaccordingtosliding scale 95 22 when higher, to be charged on imported goods 95 22 DEAD LOCK. See Dis.vgreement. DEBIT OF EXPE?^DITURE. See Expenditure. DEBTS OF STATES « may be taken over, converted, &c. 105 24 taken over, interest on, application of customs and excise revenue to payment of 87 21 debit to States of 105 24 DEFENCE— control of railways for ... 51 (xxxii. ) 13 forces, command-in chief of, vested in Governor-General 68 17 control of 51 (vi.) 12 States not to raise or maintain without consent of Federal Parliament 114 25 legislative power as to ... 51 (vi.) 12 of States against invasion and violence 119 25 transfer of departments of 69 17 DEPARTMENTS of Commonwealth, estaljlishment and administration of 64 16 legislative power incidental to execution of powers of 51 (xxxix. ) 14 transferred. See Transferred Departments. DEPUTIES OF GOVERNOR-GENERAL ... 126 26 DESIGNS. See Patents. DEVELOPMENT OF TKRRITORY— railway rates for 104 23 DISABILITY of Member of Parliament. See Disqualification. State may not impose, on residents of other States .. 117 25 DISAGREEMENT BETWEEN THE llOUSKS upon Bill, procedure in case of 57 15 proposed alteration of Constitution ... 128 27 DISALLOVVANCF^: OF LAWS BY KING 59 15 DISCRIMINATION as to Commonwealth taxation, forbidden ... 51 (ii.) 12 on State railways, undue 102 23 State may not make, against residents of other States 117 25 See also Inter-State Commission. DISPUTKD ELECTIONS— trial of questions of 47 11 DISQUALIFICATION by State of persons of any race, effect of ... 25 8 for being chosen or sitting in Parliament ... 44 11 of Member of either House for seat in the other 43 11 Member of Parliament, vacancy on 45 11 penalty for sitting during 46 11 See also Qualification. DISSOLUTION of House of Representatives 5,28 5, 9 issue of writs after 32 9 of Senate and House of Representatives in case of disagree- ment 57 15 issue of Senate writs after 12 6 rotation of Senators after 13 6 DIVISIONS, ELECTORAL- for House of Representatives 29 9 Senate 7 5 DIVORCE— legislative power as to ... 51 (xxii.) 13 DOMESTIC VIOLENCE— protection of States against 119 25 1048 Index to Constitution Act. Subject. DUTIES. See Customs Duties : Excisb Duties, ELEirriONS for eitlier House — ilisputed, questions of State electors, right of, to vote at of Menil)ers of the House of Representatives — casual , writs for electors to vote only once general, writs for summoning of Parliament after election of Senator at State laws, application of See also House of Representatives. of_Senators — casual electors to vote only once method of choosing senators, laws prescribing ... to be uniform periodical ... time for ... State laws, application of time and places of ... writs for See also Senate : Senators. ELECTORS of Commonwealth, Members of Parliament must be qualified as qualifications of submission of alterations of Constitution to counting of votes pending uni- form franchise to vote only once of States, approval of, to alteration of limits of State right of, to vote at Federal elections EMIGRATION— legislation power as to ... EMINENT DOMAIN. See Acquisition. ESTABLISHMENT of colonies or territories as States of Commonwealth control and collection of customs and excise duties upon control of payment of bounties upon ... departments of customs and excise transferred at within two years after, uniform customs duties during ten years after, application of customs and excise revenue ... during ten years after, financial assistance may be granted to States... of Commonwealth Departments of-State ... of Constitution ... of new States ... EXCISE DEPARTMENTS transferred to Commonwealth EXCISE DUTIES— •collection and control of... crediting of, on inter-state transfer exclusive power to impose laws imposing, to deal only with excise duties net revenue from, application of ... State laws imposing, cessation of... EXCLUSIVE jurisdiction of Federal Courts Commonwealth as to territory surrendered by State ... legislative power as to customs, excise, and bounties Section. 47 41 33 30 32 5 15 30, 31 15 8 9 9 13 13 10 9 12 16,34 8, 30 128 128 8, 30 123 41 51 (xxvii.) cl. 6 els. 4, 6 86 86 69 87 96 64 Preamble 121 69 86 93 90 56 87 90 77 (ii.) Ill 52, 107 90 Index to Constitution Act. 1049 Subject. Section. EXECUriON AND MAINTENANCE of Coinmonvve lit h laws, legislative power as to control of forces for Constitution and laws, Executive power extends to trade and commerce provisions and laws EXECUTIVE COUNCIL. See Federal Executive Council. EXECUTIVE GOVERNMENT OF THE COMMONWEALTH... collection and control of customs and excise duties by control of payment of bounties by transferred departments by officers of transferred departments by ... legislative power incidental to powers of ... officers of, appointment and removal of powers and functions as to matters passing to revenues raised or received by See also Fedkral Executive Council. EXECUTIVE POWER OF COMMONWEALTH vested in King ... exercisable by Governor-General... extends to execution and maintenance oi Constitution, and laws of Commonwealth EXISTING AND ACCRUING RIGHTS. See Rights. EXPENDITURE OF COMMONWEALTH— debiting to States during bookkeeping period for first elections, &c. main t enance and continuance of departments ( ' 'transferred") "other" or "new" provisional application of State laws to revenue to be applied first to payment of .... revenue from customs and excise, how far applicable to payment of ... EXPIRY OF HOUSR OF REPRESENTATIVES— at expiration of three ye 3 rs from first meeting dissolution of both Houses not to take place within six months before issue of writs within ten days after EXPORTS - bounties on. See Bounties. inspection charges on EXTERNAL AFFAIRS— legislative power as to ... EXTERNAL TRADE See Trade and Commerce. EXTRA-TERRITORIAL fisheries in Australian waters operation of Commonwealth laws... FAITH AND CRKDIT— to State laws, &c. See Recognition. FEDERAL CAPITAL. See Seat of Government. FEDERAL COMMONWEALTH— agreement to unite in union in See also Commonwealth. FEDERAL COUNCIL OF AUSTRALASIA Act 1885, repeal of effect of repeal upon laws of power to repeal laws of ... legislative power of, exercisable by Parliament on request of States FFDERAL COURTS— Parliament may create ... justices of, appointment, tenure, and salary of jurisdiction of, Parliament may define ... ... .. make exclusive appeal from, to High Court See also High Court. 51 (vi.) 12 61 16 101 23 Chap. II. 16 86 21 86 21 52 (ii.) 14 84 20 51 (xxxix.) 14 67 16 70 17 81 19 61 16 61 16 61 87 28 57 32 112 51 (xxix.) 51 (X.) cl. 5 Preamble cl. 3 cl. 7 cl. 7 cl. 7 51 (xxxviii.) 71 72 77 (i.) 77 (ii.) 73 (ii.) Page. 16 89,93 21,22 83 19 89 (ii.) 21 89 (ii.) 21 97 23 82 19 21 15 9 25 13 12 4 4 4 4 13 17 17 19 19 17 1050 Index to Constitution Act. Subject. Section. Page. FEDERAL EXECUTIVE COUNCIL— constitution .111(1 functions of members of, to he summoned by Governor-General ... to be sworn to hold otlice (luring pleasure Ministers to l)e See also Ministkks of State. FEDERAL JUDICATURE. See Judicature. FEDERAL J URIS DICTION - Courts exercising, appeal from, to High C^ourt other tlian Federal may be invested with number of Judges who may exercise State Courts may be invested with excluded from See also AprEAL : Fedkral Courts. FEDERAL I'ARLl AMEN'T. See Parliamext of the Common- WKALTII FEDERAL SUPREME COURT See also High Court. FEE for services, disqualification for I'arliament by taking or licences, imposition and appropriation of FINANCE AND TRADE ... See also Debts : Expenditure : Revenue : Trade and Commerce. • FINANCIAL assistance to States corporations, legislative power as to FISHERIES— extra-territorial, legislative power as to ... FORCES. See Defence FOREIGN CORPORATIONS- legislative power as to . . FOREIGN C;()UNTRY— allegiance to, disqualifies f(jr Parliament ... repiesentatives of, jurisdiction in matters affecting... See also Federal Jurisdiction. trade and commerce with. ?ee Trade and Commerce. See also Aliens. FRANCHISE, FEDERAL— Senate House of Representatives right of adult State electors to See also Electors — of Commonwealth. FREEDOM of inter-state trade, (fee ... temporary provision as to Western Aus tralia GENERAL ELECTIONS. See Elections. GOD— reliance on blessing of GDODS — Australian, passing in to Western Australia bounties on production or export of. See Bounties. imported before uniform duties, inter-state transfer of into Western Australia inspection char^jes on Inter-St?te transfer of, credit of duty paid rates for carriage on railways of ... See also Exports : Imports. GOVERNMENT OF TERKITORIES. See Territories. GOVERNMENT OF THE COMMOM WEALTH— peace, oider, and good government, legislative powers for See also Executive Govkrnment. 62 16 62 16 62 16 6-2 16 64 16 73 (ii.) 71 79 77 (iii.) 77 (ii.) 71 45 (iii.) 53 Chap. IV. 96 51 (XX.) 51 (x.) 51 (XX.) 44 (i.) 75 ui.) 8, 30 30 41 92 95 Preamble 95 92 95 112 93 104 51, 52 17 17 19 19 19 17 II 14 19 22 13 12 13 11 18 6,9 9 10 21 22 22 21 22 25 22 23 12, 14 Index to Constitution Act. 1051 Subject. GOVERNOR OF STATE (or COLONY) to certify names of Senators chosen to issue writs for Senate elections may appoint Senator to fill casual vacancy if State Parliament not in session... notification of vacancy in Senate to provisions I'elating to, application of transfer of certain powers and functions of GOVERNOR GENERAL- Administrator of Government included in term advised by Federal Executive Council alteration of Constitution to be submitted to electors by appointment of ... first appropriation of moneys to be recommended by assent by King to reserved Bill to be made known by command-inchief of forces vested in deputies of, appointment of disallowance of law by King to be made known by Executive Councillors chosen and summoned by executive power of Commonwealth exercisable by .. may appoint Ministers of State ... times for sessions of Parliament convene a joint sitting of both Houses in case of disagree- ment dissolve House of Representatives dissolve Senate and House of Representatives simul- taneously give or withhold assent to Bills prorogue Pai'liament recommend amendments in Bills presented reserve Bills for King's pleasure Ministers, offices of, may be fixed by, in absence of other pro- vision must reserve Bills limiting appeal to Privy Council... powers and functions of ... presentation of Bills to, for assent provisions relating to, application of representative of the King salary of Senate, notification by, of vacancy in, during absence of Presi- dent Senators' names to be certified to transfer of certain powers and functions to departments to be proclaimed by GOVERNOR GENERAL IM COUNCIL— appointment and removal of officers vested in Justices of V ederal Courts vested in Members of Inter-State Com- mission vested in definition of term may establish departments of State may issue writs for elections for House of Representa- tives transfer of certain powers and functions to GRANT of bounties. See Bounties. of territory for seat of Government GRATUITY to officers aot retained in case of transferred departments ... HIGH COURT— constitution of ... Justices of, number of ... appointment, tenure, and salary of Section. 7, 15 12 15 21 110 70 4 62 128 2 cl. 3 56 60 68 126 59 62 61 64 5 57 5, 28 57 58 5 58 58 65 74 2, 61, 126 57, 58, 128 4 2, 61, 68 3 21 7, 15 70 69 67 72 103 63 64 32, 33 70 125 84 71 71 72 Pajre. 5, 7 6 7 8 24 17 5 16 27 5 3 15 16 17 26 15 16 16 16 5 15 5, 9 15 15 5 15 15 16 18 5,16,26 15, 27 5 5,16.17 5 8 5,7 17 17 16 17 23 16 16 9 17 26 20 17 17 17 1052 Index to Constitution Act. Subject. HIGH COURT— rojfYJHwrrf. original jurisdiction of ... ... ... _ ... appeal from justices exercising furtlier, may be conferred appellate jurisdiction of jurisdiction of, may he made exclusive judgment of, on appeal, final and conclusive appeal from, to Privy Council. See Appkal. See also Feukr.vl Courts: Fedkral Jurisdiction. HONORARIUM. See Fee. HOU.se of I'ARLIAMKNT, EITHER- oommittees of, powers, privileges, and immunities of franchise for. See Franchi.se, Fkukrai.. legislative power incidental to powers of ... Memhers of, allowance to disqualification of ... penalty for sitting if disqualified vacancy on ... ineligible for other House Ministers of State to be oath or affirmation of allegiance by powers, privileges, and immunities of questions as to qualiiication or election of powers, privileges, and immunities of representation of new States in ... States in, alteration affecting territories in rules and orders, power to make ... HOUSE OF REPRESENTATIVES... ... . ... constitution of .. dissolution of duration of election for. See Elections. electoral divisions for electors of. See Electors. Members of, disqualifications of ... ineligible as Senators number of ... at first election increase or diminution of minimum, for original State ... oath or affirmation of allegiance by qualification of vacating of place of , by resignation absence disqualification proportional representation of States in questions, how determined in quorum of Speaker of. See Spkakkr. vacancies in voting in IMMIGRATION— legislative power as to ... See also Influx. IMMUNITIES— of Parliament, its members and committees rules and orders as to of citizens. See Subject of thi King. IMPERIAL PARLIAMENT. See United Kingdom. IMPLIED POWERS. See Incidental Legislative Powbr. Section. Page. 7:i 76 73 77 (ii.) 73 49, 50 51 (xxxix.) 48 44, 45 46 45 43 64 4'2 49, 50 47 49, 50 121 128 122 50 1 24 5, 28, 57 28 29 44, 45 43 24 26 27 24 42 34 37 38 45 24, 25, 128 40 39 33 40 51 (xxvii.) 49 50 18 17 19 17 19 17 12 U 12 11 11 II 11 16 10 12 11 12 25 27 26 12 5,9,15 11 11 8 8 9 8 10 9 10 10 11 8,27 10 10 9 10 13 12 12 Index to Constitution Act. 1063 Subject. IMPORTS— dutiable on inter-state transfer, for two years duties on importation into Western Australia for five years ... inspection charges on See also Customs : Goods. IMPOSITION of taxation. See Taxation. uniform duties of customs — within two years after establishment of Common- wealth inter-state transfer of goods imported before payments to States until exclusive power arising on cessation of certain State laws on freedom of inter-state trade on ... State charges for executing inspection laws after... during five years after, payments to States Western Australian duties during ten years after, limitation of expenditure... financial assistance to States after five years from, payments to States INCAPACITY of Member of either House to sit in other ... Member of Parliament. See Disqualification. Justice of Federal Court member of Inter-State Commission INCIDENTAL LEGISLATIVE POWER INCONSISTENCY with Commonwealth law invalidates State law INCORPORAITON OF BANKS— legislative power as to INDICTME NT- trial on, by jury INDISSOLUBLE— Commonwealth to be INDUSTRIAL DISPUTES— legislative power as to INFANTS— legislative power as to custody and guardianship of INFLUX OF CRIMINALS- legislative power as to INJUNCTION AGAINST COMMONWEALTH OFFICER— jurisdiction in case of See also Federal Jurisdiction. INSOLVENCY. See Bankruptcy. INSPECTION LAWS OF STATE ... INSURANCE other than State insurance within the State, legislative power as to ... State, beyond the limits of the State, legislative power as to... INTERCOURSE— freedom of inter-state INTER E.ST on debts. See Debts. pecuniary, in an agreement with Commonwealth, disqualifies for Parliament INTERPRETATION of Constitution, jurisdiction in matters involving ... constitutional powers, appeal to Privy Council as to Federal laws, jurisdiction as to... See also Fkder.a.l Jurisdiction. INTERSTATE COMMISSION— constitution, and power of adjudication and administration... members of, appointment, tenure, and salary Page. 92 95 112 92 89 90 90 92 112 9.3 95 87 96 94 43 72 103 51 (xxxix.) cl. 5, 109 51 (xiii.) 80 Preamble 51 (xxxv.) 51 (xxii.) 51 (xxviii.) 75 (v.) 112 51 (xiv.) 51 (xiv.) 92 44 (v.), 45 76 (i.) 74 76 (ii.) 101 103 21 22 25 21 21 21 21 21 21 25 22 22 21 22 22 11 17 23 14 4,24 12 19 3 13 13 13 18 25 13 13 21 11 19 18 19 23 23 1054 Index to Constitution Act. Subject. INTKR-STATK COMMISSION— co7?7m«erf. to jiulge whether prefereisces are undue, «fec. railway rates necessary for development ... appeal from, to High Court on questions of law INTERSTATE industrial disputes, legislative power as to matters, jurisdiction of Higli Court in See also Fkkkkaf. Jukisuiction. recognition of laws, records, &c. See Recognition. rights of residents trade and connnorce. See Trade and Commerce. transfer, crediting of customs and excise duties on ... customs duties on, for two years ... inspection charges upon ... railway rates on INTOXICATING LIQUIDS— application of State laws to INVALID l^ENSIONS— legislative power as to INVALIDITY of provisions in taxation laws dealing with other matters ... State laws, if inconsistent with Commonwealth laws INVASION— protection of States against INVENTIONS. See Patents. IRRIGATION— rights to reasonable use of water for, not to be abridged JOINT RULES AND ORDERS— Houses of Parliament may make ... JOINT SITTING of members of both Hotises of Commonwealtli Parliament in case of disagreement State Parliament to choose Senator to fill casual vacancy... JUDGES— number who may exercise Federal jurisdiction State, bound by Commonwealth laws See also Federal Court.s : High Court : Justices. JUDGMENT of State Court, legislative power as to execution of See also Appeal. JUDICATURE, THE— legislative power incidental to powers vested in See also Federal Courts : High Court. JUDICIAL POWER of the Commonwealth ... limits of, proceedings against Com- monwealth or States within See also Jurisdiction. JUDICIAL FROCEEDINTGS against Commonwealth or States of States, recognition of, throughout Commonwealth legislative power as to JURISDICTION— Admiralty and maritime, may be conferred on High Court ... federal. See Fkderal Jurisdiction. of Federal Courts. See Federal Courts. High Cotirt See High Court. State Courts, may be excluded JURY— trial by, of offences against laws of Commonwealth ... JUSTICES of Federal Courts. See Federal Courts. High Court. See High Court. See also Judges 51 (xxxv. ) 75 (iv.) 117 9.S 92 112 104 113 51 (xxiii. ) 55 109 119 51 (xxiv.) Chap. IIL 51 (xxxix.) 71 78 78 118 51 (xxv.) 76(iii.) 77 (ii.) 80 100 23 50 (ii.) 12 57 15 15 7 79 cl. 5 19 4 13 18 25 22 21 25 23 25 13 14 24 25 13 17 14 17 19 19 25 13 19 19 19 Index to Constitution Act. 1055 Subject. Section. Page. KING — administrator of Government appointed by disallowance of laws by ... executive power of Commonwealth vested in exercisable by Governor-General ... Governor-General appointed by ... in Parliament ... may authorize Governor-General to appoint deputies powers and functions of, assignable to Governor General proclamation of Commonwealth by references to reserved Bills, assent to .. subject of. See Subject. territory placed under Commonwealth by ... See also Ckown. KING IN COUNCIL— appeal to, from High Court. See Appeal. appeal to High Court from Stale courts from which appeal lies to King in Council LAND. See Crown Land.s : Propsrty. LAWS by Colonial Parliaments, before establishment of Commonwealth of Commonwealth, binding on courts, judges, and people control of forces to execute and maintain disallowance by King of extra-territorial operation of matters arising under, jurisdiction as to ... See also Federal Jdrisdiction. trade or commerce laws not to abridge right to reasonable use of water trade, commerce, or revenue laws not to give preference to State ofiences against. See Offence.s. prevail over State laws taxation. See Taxation. of Federal Council of States. See States, The — laws of. See also Proposed Laws. LEGAL TENDER— legislative power as to . . . limitation of State power as to See also Money. LEGISI>ATIVE POWER OF COMMONWEALTH vested in the Parliament... aliens ... alteration of Constitution, voting on submission to electors of arbitration, industrial astronomical and meteorological observations audit of receipt and expenditure .. banking (except State banking within the State) banks, incorporation of ... bankruptcy and insolvency beacons bills of exchange and promissory notes boi rowing money bounties on production or export ... *' Braddon clause " after a period of ten years buoys ... census and statistics coinage commerce, trade and Commonwealth, proceedings against conciliation, industrial 4 5 59 15 61 16 61 16 2 5 1 5 126 26 2 5 cl 3 3 cl. 2 3 60 16 122 73 26 cl. 4 3 cl. 5 4 51 (vi.) 12 59 15 cl. 5 4 76 (ii.) 19 100 23 99 23 cl. 5, 109 4,24 cl. 7 4 51 (xii.) 12 115 25 1 5 51 (xix.) 13 12S 27 51 (xxxv.) 13 51 (viii.) 12 97* 23 51 (xiii.) 12 51 (xiii.) 12 51(xvii.) 13 51 (vii.) 12 51 (xvi.) 13 51 (iv.) 12 51 (iii.) 12 87* 21 51 (vii.) 12 51 (xi.) 12 51 (xii.) 12 51 (i.) 12 78 19 51 (xxxv.) 13 • See also 51 (xxxvi.). 1056 Index to Constitutioji Act. Subject. Section. Page. LEGISLATIVE POWER OF COMMONWEALTH— con<«nte(/. copyriglits ... ... ••• ••• ••• •■• 51 (xviii.) 13 corporations, foreign, and trading and financial corporations forniwl witliin Commonwealth ... 51 (XX.) 13 criminals, influx of 51 (xxviii.) 13 currency, coinage, and legal tender 51 (xii.) 12 currency — issue of paper money ... 51 (xiii.) 12 Customs duties, imposition of 51 (ii.),90 12, 21 debts of the States 105 24 defence, naval and military 51 (vi.) 12 departments, matters incidental to powers of 51 (xxxix ) 14 designs, patents of 51 (xviii.) 13 divorce and matrimonial causes ... 51 (xxii.) 13 elections. See House of Reprbsentatives : Senators. emigration 51 (xxvii.) 13 excise duties, imposition of 51 (ii.),90 12,21 exclusive. See Exclusive. execution and maintenance of Commonwealth laws, control of forces for 51 (vi.) 12 expenditure of money ... 97* 23 external affairs ... 51 (xxix. ) 13 Federal Council of Australasia, exercise of powers which belonged to 51 (xxxviii. ) 13 repeal of laws of cl. 7 5 Federal Courts, creation of 71 17 jurisdiction of 77 19 remuneration of justices ... 72 17 federal jurisdiction, number of judges to exercise ... 79 19 investing with, courts other than federal 71 17 investiny; State Courts with 77(iii.) 19 fisheries beyond territorial limits ... 51 (x.) 12 High Court Justices, number «if ... 71 17 remuneration of 72 17 original jurisdiction of 76 19 appellate jurisdiction of 73 17 House of Parliament, either, allowance to Members of 48* 12 matters incidental to powers of 51 (xxxix.) 14 penalty for sitting in, when disqualified 46* 11 powers, privileges, and immuni- ties of 49 12 questions as to qualifications, vacancy, or election 47* 11 House of Representatives, divisions of States for elections ... 29* 9 electors of, qualifications of 30* 9 Members of, laws relating to elections of 31* 9 number of 24* 8 number of, increas- ing or diminishing 27 9 number of, for each division 29* 9 qualifications of ... 34* 9 quorum of .39* 10 immigration and emigration 51 (xxvii.) 13 Imperial Parliament, powers belonging to ... 51 (xxxviii.) 13 infants, custody and guardianship of 51 (xxii.) 13 insolvency 51 (xvii.) 13 inspection laws of State, annulment of 112 25 insurance (except State insurance within the State) 51 (xiv.) 13 Inter-State Commission, powers of 101 23 salary of members of 103 (iii. ) 23 inventions, patents of 51 (xviii.) 13 See also 61 (xxxvi.). Index to Constitution Act. 1057 Subject. Section. P»ff». 51 (xxxix ) 14 51 (vi.) 12 51 (xii.) 12 51 (vii.) 12 51 (xxi.) 13 51 (xxii.) 13 51 (xxxvi.) 13 51 (xxxix.) 14 51 (xxxvii.) 13 52 (ii.) 14 51 (xv.) 13 51 (viii.) 12 65* 16 65* 16 66* 16 51 (xix.) 13 51 (i.), 98 12,23 80 19 120 25 67* 16 51 (xxxix ) 14 51 (xxx.) 13 51 (xiii.) 12 51 (xviii.) 13 51 (xxiii.) 13 52 (i.) 14 51 (v.) 12 73* 17 74 18 51 (xvi.) 13 51 (xxxi.) 13 85 20 51 (ix.) 12 51 (xxvi.) 13 51 (xxxiv. ) 13 51 (xxxiii.) 13 51 (xxxii. ) 13 102 23 98 23 87* 21 97* 23 3* 5 72 17 103 (iii.) 23 66* 16 125 26 52 (i.) 14 7* 5 22* 8 10* 6 9 6 7* 5 7* 5 16, 34* 7.9 8 6 14 7 51 (i.), 98 12, 23 51 (xiii.) 12 LEGISLATIVE POWER OF COMMONWEALTH— foni!i»wed. judicature, matters incidental to powers of laws of the Commonwealth, control of forces to execute and maintain legal tender light- houses, light-ships, beacons, and buoys marriage matrimonial causes matters in respect of which Constitution makes provision until the Parliament otherwise provides... incidental to execution of powers ... referred by State Parliaments relating to transferred departments measures meteorological observations Ministers, number of offices of salaries of naturalization and aliens ... navigation and shipping ... offences, place of trial of ... offenders, detention of, in State prisons officers, appointment and removal of matters incidental to powers of ... Pacific Islands, relations with paper money, issue of patents of inventions and designs ... pensions, invalid and old-age places acquired for public pui-poses postal, telegraphic, telephonic, and like services Privy Council, appeals to, conditions of and restrictions on limitation of appealable matters promissory notes property, acquisition of ... of transferred departments, compensation for quarantine race, special laws for people of any railways, construction and extension of State, acquisition of control of, for naval and military purposes ... preferences and discriminations on... trade and commerce in relation to ... revenue, net, from Customs and Excise duties, application of, after ten years revenue, receipt of salary of Governor-General Justices of Federal Courts members of Inter-State Commission Ministers seat of Government, determination of laws with respect to ... Senate electorates quorum of Senators, elections of , laws relating to method of choosing number of, increasing or diminishing for original States qualification of electors of rotation of, provision for maintaining regularity when number altered shipping State banking beyond limits of the State ... See also 61 (xxxvi.). 1058 Index to Constitution. Act. Subject. LEGISLATIVK POWKR OF COMMONWEALTH— cow^inwec/. State Courts, conditions of appeals to High Court from excluding jurisdiction of investing with federal jurisdiction ... service and execution of process of ... State insurance beyond the limits of the .State State laws, records, &c., recognition of States, financial assistance to limits of, alteration of, with consent of State Parliament and approval of electors maintaining of naval or military forces by, consent to matters referred by Parliaments of new, admission or establishment of representation of, in Parliament payment of surplus revenues to proceedings against taxation of Commonwealth property by, consent to... statistics taxation telegraphic and telephonic services territories, government of representation of, iu Parliament trade and commerce, external and inter-state trade marks transferred departments... weights and measures LEGISLATIVE POWER OF STATES— saving of J unless excluded or withdrawn ... alteration aiul repeal of State laws in certain cases, until Commonwealth Parliament makes provision bounties inspection charges intoxicating lic|uids reference of matters to Commonwealth Parliament requesting or concurring in Commonwealth legislation Senators, times and places of election of ... method of choosing surrender of territory of State ... until the Parliament otherwise provides — House of Representatives, divisions of States for elections for elections for qualifications of electors of ... Senators, elections of qualifications of electors of .. . LICENCE FEES- imposition and appropriation of ... LIGHT-HOUSES, LIGHT-SHIPS, BEACONS, AND BUOYS - legislative power as to ... transfer of departments of LIMITS of Commonwealth, corporations formed within fisherie.? in Australian waters beyond of Constitutional powers, appeal on questions of ... of States, alteration of ... industrial disputes extending beyond ... State banking extending beyond State insurance extending beyond ... , LIQUIDS. See Intoxicating Liquids. LOANS - legislative power as to ... See also Debts. Section. 73 77 (ii.) 77 (iii. ) 51 (xxiv. ) 51 (xiv.) 51 (xxv.) 96* 123 114 51 (xxxvii.) 1-21 1-21 93*, 94 78 114 51 (xi.) 51 (ii.) (51 v ) 122 122 51 (i), 98 51 (xviii. ) 52 (ii.) 51 (XV.) 107 108 91 112 113 51 (xxxvii. ) 51 (xxxviii. ) 9 9 111 29 31 30 10 8, 30 53 51 (vii.) 69 51 (XX.) 51 (X.) 74 12.3, 128 51 (xxxv.) 51 (xiii.) 51 (xiv.) 51 (iv. Page. 17 19 19 13 13 13 22 26 25 13 25 25 22 19 25 12 12 12 26 26 12, 23 13 14 13 24 24 21 25 25 13 13 • 6 6 24 9 9 9 6 6, 9 14 12 17 13 12 18 26, 27 13 12 13 12 * See also 51 (xxxvi.). Index to Constitution Act. 1059 Subject. MAINTENANCE of Constitution and laws. See Execution and Maintenance. of transferred Departments. See Expenditure. MANDAMUS against Commonwealth ofKoer, jurisdiction in case of See also Feueral Jurisdiction. MANUFACTURE. See Production. MARiriMK JURISDICTION may be conferred on High Court vSee also Federal Jurisdiction. MARRIAGE— legislative power as to ... MATRIMONIAX, CAUSES— legislative power as to ... MATTERS in which High Court has appellate jurisdiction original jurisdiction Parliament may confer original jurisdiction on High Court Parliament niay confer right to proceed against Commonwealth or States Parliament may define jurisdiction of Federal and State Courts... legislative power as to — incidental to execution of powers in res^^ect of which Constitution makes provision " until the Parliament otherwise provides" referred by State Parliaments relating to transferred departments ... passing to Executive Government of Commonwealth, transfer of powers and functions in respect to ... MEASURES. See Weights and Measures. MELBOURNE— Parliament to sit provisionally at MEMBER OF HOUSE OF REPRESENTATIVES. See House OF Representatives. MEMBER OF INTKR-STATE COMMISSION. See Inter-State Commission. MEMBER OF PARLIAMENT. See House of Parliament. MESSAGE of Governor-General, making known disallowance of Act ... assent to reserved Bill recommending amendnnuts in Bill purpose of appropriation of Senate, requesting amendment of Money Bill METEOROLOGICAL OBSERVATIONS— legislative power as to MILITARY. See Defence. MINING- aids to or bounties on. See Bounties. MINISTERS OF STATE FOR THE COMMONWEALTH— disqualification of office of profit does not apply to ... number and offices of salaries of to administer Departments of State be members of Federal Executive Council hold office during pleasure sit in Parliament MISBEHAVIOUR, PROVED— of Justices of Federal Court members of Inter- State Commission MONEY — appropriation of. See Appropriation. paper, issue of, legislative power as to ... States not to coin Page. 75 (v.) 76(iii.) 51 (xxi.) 51 (xxii. ) 73 75 76 78 77 51 (xxxix.) 51 (xxxvi. ) 51 (xxxvii.) 52 (ii.) 70 125 59 15 60 16 58 15 56 15 53 14 51 (viii. 44 11 65 16 66 16 64 16 64 16 64 16 64 16 72 17 103 23 51 (xiii.) 12 115 25 18 19 13 13 17 18 19 19 19 14 13 13 14 17 26 12 loou Index to Constitution Act. Subject. Section. MONKY — roH/iJU(P(/. See also CoiNAOK : Revende. MONKY HILLS not to oiiginiite in Senate IJilla proviiling for fines and fees not taken to be Senate may not amend, but may request amendments House of Representatives may make requested amendments, with or M'itliout modifications ... purpose of appropriation to be recommended by Goveruor- (ieneral vSee also ArriiOi'RiATiON Bills : Taxation. NATURALIZATION— legislative power as to ... qualification for Parliament by NAVAL AND MILITARY. See Defence. NAVirtATION— legislative power as to navigation and shipping inler-state trade, «&c. , by, to be free NEW EXPENDITURE. See Expenditure. NEW SOUTH WALES— seat of Government to be within ... NEW STATES Parliament may admit or establish conditions of admission of representation in Pailiament of ... by sepai-ation of territory from State by union of States or parts NEW ZEALAND— referred to in definition of "State" NORTHERN TERRITORY— included in State of South Australia NUMBER of Judges to exercise federal jurisdiction ... Members of House of Representatives. See House of Representatives. people. See People. Senators. See Senator.?. OATH or affirmation of allegiance by Members of Parliament form of of Executive Councillors... OBLIGATIONS, CURRENT of States in respect of transferred departments OFFENCE against laws of Commonwealth, trial on indictment of imprisonment in State gaols for disqualification for Parliament by OFFICE of Executive Councillor ... Minister of State for the Commonwealth President of Senate profit under Crown, disqualification for Parliament Speaker of House of Representatives religious test not to be required for ... - ... OFFICERS— appointment of, to administer departments. See Ministers of State for the Commonwealth. appointment and removal of other legislative power, incidental to powers of ... mandamus, prohibition, or injunction against, jurisdiction in case of See also Federal Jurisdiction. of States, transferred by consent, rights of of transferred Departments, not retained ... 63 53 53 53 56 51 (xix.) 16, 34 98 92 125 Chap. VI. 121 121 121 124 124 cl. 6 ol. 6 79 Pa^re. 14 14 14 14 15 13 7,9 23 21 26 25 25 25 25 26 26 4 19 42 Schedule 62 10 27 16 85 (iv.) 20 80 19 120 44 (ii.), 45 25 11 62 64, 65 17 44(iv.), 45 35 116 16 16 7 11 10 25 67 51 (xxxix.) 16 14 75 (V.) 18 84 84 20 20 Index to Constitution Act. 1001 \ Subject. Section. Page. OFFICERS— co?iCjn?^e(^. of transferred Departments, retained 84 20 control of 84 20 OLD-AGE PENSIONS— legislative power as to ... 51 (xxiii.) 13 OMISSION. See Amendment. ORIGINAL STATES— definition of cl. 6 4 equal repi'csentation of, in Senate 7 5 minimum representation of, in House of Representatives 24 8 number of Senators for ... 7 5 alteration of 7 5 provisions if Western Australia is an original State 26, 95 8, 25 0RI(4INATI0N OF APPROPRIATION OR TAX BILLS ... 53 14 "OTHER" EXPENDITURE. See Expenditure. PACIFIC ISLANDS— relations of Commonwealth with, legislative power as to 51 (xxx.) 13 PAPER MONEY— legislative power as to issue of 51 (xiii.) 12 See also Coinage : Legal Tender. PARENTAL RIGHTS in relation to matrimonial causes, legislative power as to 51 (xxii.) 13 PARLIAMENT OF THE COMMONWEALTH, THE Chap. I. 5 constitution of ... 1 5 legislative power of Commonwealth vested in 1 5 name of 1 5 prorogation of ... 5 5 sessions, times of, appointed by Governor-General ... 5 5 annual... 6 5 summoning of ... 5 5 to meet at Melbourne provisionally 125 26 See also House of Parliament : House of Represen- tatives : Legislative Power : Senate. PARLIAMENTS OF STATES. See States. PARTS OF THE COMMONWEALTH— Constitution and laws binding on courts, judges, and people of cl. 5 4 States are cl. 6 4 appointment of Deputy Governor-General for 126 26 PARTS OF STATES— Commonwealth not to give preference to ... 99 23 surrender of. See Territory. taxation laws not to discriminate between 51 (ii.) 12 union of, into new State 124 26 PATENTS— of inventions and designs, legislative power as to ... 51 (xviii.) 13 PAYMENT- of surplus revenue, monthly, to States 87, 89, 93, 94 21,22 of bounties, control of. See Bounties. expenditure of Commonwealth... 82 19 interest of State debts taken over 87, 105 2\,2A PENALTY for sitting in Parliament when disqualified ... . ... 46 11 imposition or appropriation of 53 14 PENSIONS from Commonwealth, payable during pleasure of the Crown, disqualify for Parliament 44{iv.), 45 11 invalid and old-age, legislative power as to 51 (xxiii. ) 13 to officers of transferred departments 84 20 PEOPLE— of colonies, agreement to unite Preamble 3 of Commonwealth, members of House of Representatives chosen by 24 8 division of , into quotas 24 8 of Commonwealth or State, reckoning of ... 25 8 aboriginals not to be counted in.. 127 26 1002 Index to Constitution Act. Page. 4 s 5 14 14 19 12 17 12 12 23 23 Subject. VKOPLK— ro> /»H?iirdon on, Senate may not increase PLArE.S ac(iuiro(l by Commonwcaltli, exclusive legi.slative power as to of trial of oliences against Commonwealth laws I'OIHIL.-VTION. See Pkoi-lk. ros.sKssioxs— admission of other See also Coloniks : Terkitokiks. POSTS, TKLKiiRAPHS, AND TELKPHONKS— legislative power as to (and like services) ... transfer of departments of POWERS and functions of Governor-General. See GovernorCtENERal. Constitutional, limits of. See Constitutional Powers. of I he Parliament. See Legislative Power ok Comimon wealth. of State Parliaments. See Lecuslativb Power of States. privileges and immunities of Parliament ... rules as to See also Executive Power : Judicial i'owER. PREFKKENCE— Commonw'ealth not to give to State or part undue and unreasonable, &c., on vState railways See al-o Di.scrimination : Inter-State Commission. PREROGATIVE— special leave to appeal to King in Council... PRESIDENT OF SENATE— absence of, performance of duties during ... notification of vacancy duiing ... choice of Senator to be ... entitled to a vote notification by, of vacancies in Senate removal by vote of Senate ... resignation of office or seat vacates office on ceasing to be a Senator PRISONS- State, accommodation in, for offenders against Commonwealth laws .. ... PKIVI LEGES - of foreign citizenship, disqualification for Parliament by of Parliament ... rules and orders as to PRIVY COUNCIL- appeal to, from High Court. See Appeal. PROCESS OF STATE COURTS— service and execution of, legislative power as to PROCLAMATION of commencement of Constitution assent to reserved Bill... disallowance of law prorogation or dissolution transfer of departments PRODUCTION— bounties on. See Bounties. See also Excise. PROHIBITION— writ of, against Commonwealth officer, jurisdiction in case of See also Federal Jurisdiction. PROMISSORY NOTES— legislative power as to ... Section. 51 (xxvi. cl. ,5 24 7 53 52 (i.) 80 Preamble .'51 (v ) 69 49 50 99 102 74 18 21 17 23 21 17 17 17 120 44 (i.), 45 49 50 (xxiv\) 13 cl. 3 3 60 16 59 15 5 5 69 17 75 (v.) 51 (xvi.; 25 11 12 12 18 13 Index to Constitution Act. 1063 Subject. PROPERTY— acquisition of, legislative power as to of Commonwealth, States not to tax without consent States, Commonwealth not to tax used in connexion with transferred departments ... PROPOSED CHARGE OR BLKDEN— Senate may not increase ... PROPOSED LAW— appropriating moneys for annual services ... assent tu. See Assent. disagreement between Houses as to for alteration of Constitution Governor-Cieneral may recommend amendments in ... limiting appeal to Privy Council, reservation of Money Bills. See Money Bills. power of Senate as to Money Bills See also Senate. reservation of. See Reserved. PROHOaATION of Parliament ... PROTECTION of States against invasion, &c. PUBLIC ACTS of States, I'ecognition of, throughout Commonwealth legislative power as to QUALIFICATION— for office or trust, no religious test tor of electors of House of Representatives Senate of State elector to vote at federal elections members of House of Representatives senators Members of Parliament, questions respecting QUARANTINE— legislative power as to ... transfer of departments of QUEEN. See Crown : King. QUEENSLAND- Senate electorates for QUO HUM of House of Representatives of Senate QUOTA of representation RACE— aboi"iginal, in any State. See Aboriginal. disqualified from voting, not counted for representation speciallaws as to people of any ... RAILWAYS— construction and extension of, by Commonwealth ... control of, for naval and military purposes, legislative power as to... State, legislative power as to acquisiti'jn of trade and commerce extends to preferences and discriminations on ... financial responsibilities of State to be regarded rates for development, provision as to RATES. See Railways. REASONABLE USE of waters of rivers RECEIPT of revenue provisional application of State laws as to 51 (xxxi.) 13 114 25 114 25 8-5 20 5.3 14 54 14 57 15 128 27 58 15 74 18 53 119 118 51 (xxv.) 116 30 8, 30 41 34 16 47 51 (ix.) 69 39 22 24, 25 25 51 (xxvi. ) 51 (xxxiv.) 51 (xxxii. ) 51 (xxxiii. ) 98 102 102 104 100 81 97 1064 Index to Constitution Act. Subject. RECOGNITION of State laws, records, &c. legislative power aa to RECORDS of State. See Rkcognition. REFERKN^CE I5Y STATES— legislative power on RELIlUON— Coininonwealth not to establish or prohibit RELIGIOUS observance, Commonwealth not to impose... test. Commonwealth not to require REMOVAL of Justices of Federal Courts members of Inter-State Commission officers of Executive Government President of Senate ... Speaker of House of Representatives ... REMUNERATION. See Allowance : Salary. REPEAL of Federal Council of Australasia Act 1885 effect of repeal upon laws of Federal Council of power to repeal laws of Federal Council of State laws within concurrent power REPRESENTATION— alteration of Constitution affecting in House of Representatives. See House of Rkpresentatives. in Senate. See Senate. of new States ... of territories REPRFSENTaTIVES— Hous.- of. See House of Representatives. of other countries. See Foreign Country. REQUEST by Governor-General for amendment of Bill Senate for amendment of Money Bill ... State Parliament for exercise of certain legislative powers RESEKVED— Bill may be, by Governor-General Bills limiting appeal to Privy Council must be Bill, King's assent to RESIDENTS of Commonwealth, Members of Parliament to be ... different States, jurisdiction in matters between See also Federal Jurisdiction. one State, discriminations against, by other States States, right to reasonable use of rivers... RESIGNATION of Member of House of Representatives ... Senator Speaker of House of Representatives President of Senate ... RETIRING ALLOWANCE to officers of transferred departments to State oflBcers transferred by consent REVENUE raised or received, to form Consolidated Revenue Fund to be applied first to payment of expenditure customs and excise, not more than one-fourth of net revenue to be applied towards Commonwealth expenditure balance to be paid to States or applied to payment of interest on debts crediting of , to States ... on inter-state transfer of goods Section. Page. 118 51 (XXV.) 51 (xxxvii) 116 116 116 72 10.3 67 17 35 cl. 7 cl. 7 cl. 7 108 128 121 122 58 53 15 14 51 (xxxviii.) 13 58 74 60 15 18 16 16, 34 75 (iv.) 7,9 18 117 100 25 23 37 19 35 17 10 7 10 7 84 84 20 20 81 82 19 19 87 21 87 89, 93 93 21 21,22 22 25 13 13 25 25 25 17 23 16 7 10 4 4 4 24 27 25 26 Index to Constitution Act. 1065 Subject. Section. Page. REVENUE— con^wMec?. payment to States, during bookkeeping period 89,93 21, 22 after bookkeeping period 94 22 receipt of, provisional application of State laws to ... 97 23 Bills appropriating. See Appropriation Bills. laws, not to give preference to State or part 97 23 REVIEW OF RECEIPT AND EXPENDITURE. See Audit. RIGHTS- existing and accruing, of officers transferred 84 20 of officers of transferred departments not retained ... 84 20 of States, to reasonable use of waters of rivers 100 23 to proceed against Commonwealth or State, Parliament may confer 78 19 RIVERS— reasonable use of waters of 100 23 ROYAL ASSENT. See Assent, Royal. SALARY of Administrator of Government ... 4 5 Governor General .3 5 Justices of Federal Courts 72 17 Members of Inter State Commission 103 23 Ministers of JState 66 16 transferred officer at time of transfer ... 84 20 SAVING. See CoNTiNU\NCE. SEAT OF GOVERNMENT— determination of, by Parliament ... 12.5 26 exclusive legislative power as to ... 52 (i.) 14 grant or acquisition of territory for 125 26 Parliament to sit in Melbourne till it meets at 125 26 position and area of 125 26 SECKSSION. See Indissoluble. SENATE— 1 5 constitution of ... 7 5 ' dissolution of, with House of Representatives 57 15 issue of writs after 12 6 division of senators into classes by, for purposes of retirement by rotation 13 6 electorates for ... 7 5 powers of, may not originate Appropriation or Tax Bill 53 14 amend Tax or Annual Appropriation Bill 53 14 amend any Bill so as to increase burden on the people ... 53 14 may request amendments when it may not amend 53 14 otherwise equal with House of Representatives... 53 14 President of. See President. questions, how determined 23 8 quorum of 22 8 representation in, alteration of Constitution affecting 128 27 failure of any 8tate to provide for 11 6 of original States to be equal 7 5 vacancy in. See Vacancy in Senate. voting in 23 8 if equal— question negatived 23 8 SENATORS— disqualifications of 44 11 division of, into two classes 13 6 elections of, apjjlication of State laws to ... 10 6 times and places of ... 9 6 to fill casual vacancies 15 7 writs for, issue of 12 6 electors of. See Electors. ineligible as members of the House of Representatives 43 11 method of choosing, laws prescribing 9 6 names of, certified by Governor of State ... 7,15 5. 7 number of, for each State 7 6 10()G Tndex tn Constitution Act. Siil>ject. SENATORS -cojj/twjterf. number of, inorease or dimimitioii of oath or afHnnatioii of allogiance by (jiialitioatioiis of resignation of retirement of, by rotation term of service of vacating of place of, at expiration of term before expiration of term by resignation absence... disqualification ... vote, each Senator has one See also HorsE of Parliament, Kithkr. SENTKXCK. See Offence. SERVICE OF PROCESS. See States, The— courts of. SERVICES— fees for, laws imposing or appropriating ... ordinary annual. See Api"ROPri.\tion Bills. Parliamentary, taking fee or honorarium for, vacates place Member of Parliament... postal, telegraphic, &c See Posts. SESSIONTS OF PAHLIAMENT— Governor-General may appoint times for ... annual... absence for two consecutive months in session, vacates place member SHIPPING. See Navigation. SHIPS, BRITISH— Commonwealth laws, how far in force on ... SOUTH AUSTRALIA includes Noi'thern Territory SPEAKER OF HOUSE OF REPRESENTATIVES— absence of, performance of duties during ... casting vote only choice of member to be . . . issue of writ by, for casual vacancy if Speaker absent or office vacant removal by vote of House resignation of office or seat vacates office on ceasing to be member STANDING ORDERS - each House of Parliament may make STATE banking beyond the limits of the State, legislative power as insurance beyond the limits of the Slate, legislative power as rights. See Co.mmon wealth : States. STATES, THE— .. acquisition of property from. See Property. railways from alteration of the Constitution, approval of, in majority of limits of are parts of Commonwealth bounties l)y Commonwealth laws bind courts, judges, and people of consent of, to railway construction and extension ... constitutional powers of, appeal upon questions of... Constitutions of, alteration of continuance of ... courts of, appeal from, to 1 1 igh Court Commonwealth laws bind may be excluded from federal jurisdiction invested with federal jurisdiction... number of Judges to exercise federal jurisdiction recognition of proceedings of of of 7, 14 •12 16 19 13, 14 13, 15 13, 14 1.-) 19 20 45 23 53 45 (iii. 5 6 20, 38 cl. 5 cl. 6 36 40 35 33 33 35 35 35 50 51 (xiii.) 51 (xiv.) Chap. V. 51 (xxxiii. ] 128 123, 128 cl. 6 90,91 cl. 5 51 (xxxiv. ) 74 106 106 73 (ii.) cl. 5 77 (ii.) 77 (iii.) 79 51 (xxv.) Page. .'), 7 10 7 7 6, 7 5, 6. 7 6. 7 7 . 7 7 11 8 14 11 5 5 7, 10 10 10 10 9 9 10 10 10 12 12 13 24 13 27 26, 27 4 21 4 13 18 24 24 17 4 19 19 19 13 Index to Constitution Act. 106: Subject. STATES, THE— coMY/«Merf. courts of, service and execution of process and jiulgnients of current obligations of, in respect of transferred departments assumed by Commonwealth debts of. See Debts of States. defence of. See Defence. definition of different, subject matter claimed under laws of, jurisdiction of High Court as to See also Federai, Jurisdiction. discriminations by or against. See Discrimination. failure of, to provide senators financial assistance to, by Commonwealth ... financial provisions as to, during bookkeeping period — crediting of revenues collected debiting of expenditure payment of balances... Governors of. See Governor of State. inspection laws of, charges for executing ... laws of, Commonwealth laws prevail over .. continuance of ... different States, jurisdiction of High Court where same subject matter claimed under faith and credit to be given to imposing customs or excise duties or granting bounties inconsistent with Commonwealth laws, invalid inspection. See Inspection Laws. intoxicating liquids subject to persons of lace disciualified from voting by... power to alter and repeal, continuance of ... recognition of, throughout Commonwealth... relating to audit, &c. . application of elections, application of rights of transferred olbcers under valuation under, of property acquiied in case of transferred departments legislative power of. See Legislative Power of St.\tes. matters between, or between residents of different, or between State and resident of another State, jurisdiction of High Court in See also Federal Jurisdiction. new. See New St.atks. not to Coin money or make anything but gold and silver coin legal tender discriminate against citizens of other States... raise or maintain naval or military forces without consent of Commonwealth Parliament tax Commonwealth property without consent original See Original Statks. Parliaments of, concurrent power of alteration and repeal . . . consent of, to alteration of State limits formation of new State continuance of powers of ... powers withdrawn from ... See also Exclusivk. reference of matters to Commonwealth Parlia- ment by request for or concurrence in federal legisla- tion senator, choice of, at joint sitting, to fill casual vacancy surrender of territory by ... See also Legislative Power of States. parts of. See Parts of States. payments to. See Revenue. Section. Page. 51(xxiv.) 13 85 (iv.) 20 cl. 6 4 76 (iv.) 19 11 96 6 22 89(i.),-93 89 (ii ), 93 89 (iii.), 93 21, 22 21, 22 21,22 112 cl. 5, 109 108 25 4,24 24 76 (iv.) 118 90 cl. 5, 109 19 25 21 4,24 113 25 108 51 (XXV.), 118 97 10, 31 84 25 8 24 13, 25 23 6, 9 20 85 20 75 (iv.) 18 115 117 25 25 114 114 25 25 108 123 124 107 107 24 26 26 24 24 51 (xxxvii. ) 13 51 (xxxviii.) 13 15 111, 122 7 24, 26 1068 Index to Constitution Act. Subject. STATKS, TWE.— continued. pensions, &c., to officers of transferred departments people of. See Peoplk. prcterence to. See I'liKHCRENCii. prison accommodation to be provided V)y ... proceeding against, Commonwealth Parliament may confer right of property not to be taxed by Commonwealth protection of, against invasion or violence ... railways of. See Railways. recognition throughout Commonwealth of laws, public acta, &c., of States representation of. See Representation. residents of. See Residents. rights of, to reasonable use of waters of rivers union of States, or parts of States, into new States See also Colonies. STATISTICS— legislative power as to of Commonwealth as to population — in reference to quota of electors taking over State debts SUBJECT of tlie King, Member of Parliament must be resident in a State, discrimination against, pro- hibited ... See also Resident.s. of foreign power, disqualified for Parliament SUBJECT MATTER claimed under laws of different States, jurisdiction of High Court as to ... See also Federal Jurisdiction. SUMMONING OF PARLIAMENT ... SURRENDER OF TERRITORY BY STATE— power of State Parliame t as to ... legislative power resulting from ... SYDNEY- seat of Government to be not less than 100 miles from TACKING to annual Appropriation Bill forbidden to Taxation Bill forbidden TAXATION— Bills imposing, powers of Senate as to fees or penalties are not laws imposing, must deal only with imposition other provisions in, are of no effect ... shall deal with one subject of taxation only ... must not discriminate between States or parts legislative p iwer as to ... not to be imposed, by State on Commonwealth property, with- out consent ... not to be imposed by Commonwealth on State property ... TELEGRAPHS AND ThLKPHONES. See Posts. TERRITORIAL LIMITS. See Extra-Territorial : Limits. TERRITORIES admitted or established as States .. Government of, legislative power as to representation of, in Parliament ... TERRITORY of State, railway rates necessary for development of separation of, to form new State ... surrender of, by State Parliament surrendered, acceptance of exclusive jurisdiction over ... seat of Government to be within federal ... 120 78 114 119 51 (XXV.), 118 100 124 51 (xi.) 24 105 16, 34 117 44 (i.), 45 76 (iv.) 5 111, 123 122 125 64 55 53 53 55 55 55 51 (ii.) 51 (ii.) Pagre. 20 25 19 25 25 13,25 23 26 12 8 24 7,9 25 11 19 5 24, 26 26 26 14 14 14 14 14 14 14 12 12 114 25 114 25 cl. 6 4 122 26 122 26 104 23 124 26 111, 122 24, 26 111, 122 24, 26 111 24 125 26 Index to Constitution Act. 1069 Subject. Section. Page. TRADE AND COMMERCE— exlernal and inter-state, legislative power as to 51 (i.) 12 extends to navigation and shipping 98 23 State railways 98 23 inter-state, freedom of ... 92 21 temporary provision as to Western Australia 95 22 laws of, made by the Parliament, administration and adjudi- cation of, by Inter-State Commission ... 101 23 may forbid, as to railways, undue preference, &c ... 102 23 not to abridge reasonable use of waters of rivers ... 100 23 not to give preference to State or part 99 23 TRADE MARKS— legislative power as to ... 51 (xviii.) 13 TRADING CORPORATIONS— legislative power as to ... 51 (XX.) 13 TRANSFER OF GOoDS. See Inter-State. TRANSFERRED DKPARTMENTS— 69 17 current obligations ill respect of ... 85 (iv.) 20 exclusive legislative power as to ... 52 (ii.) 14 officers of, control of 84 20 rights of 84 20 property of the State exclusively used by, vests in Com- monwealth 85 (i.) 20 used by, may be acquired by Commonwealth 85 (ii.) 20 passing to Commonwealth, compen- sation for 85 (iii.) 20 time of transfer of 69 17 transfer of powers and functions ... 70 17 "TRANSFEKRED" EXPENDITURE. See Expexditube. TRANSPORT— naval and military, control of railways for 51 (xxxii.) 13 TREASON- attainder for, disqualifies for Parliament ... 44 (ii.) 11 TREASURY— money not to be drawn from, without appropriation 83 19 exception, until first meeting of Parliament 83 19 TREATY- jurisdiction in matters arising under 75 (i.) 18 See also External Affairs : Federal Jurisdiction. TRIAL ON INDICTMENT to be by jury 80 19 place of 80 19 UNIFORM — bounties granted by Commonwealth must be 51 (iii.) 12 customs duties, imposition of 88 21 franchise, counting of votes until ... 128 27 method of choosing Senators 9 6 taxation by Commonwealth must be 51 (iii.) 12 UNION— indissoluble Preamble 3 of State or parts to form new State 124 26 UNITED KING DOM- federation under the Crown of Preamble 3 legislative power in respect of power exercisable by 51 (xxxviii.) 13 UNTIL THE PARLIAMENT OTHERWISE PROVIDES— legislative power when Constitution makes provision 51 (xxxvi.) 13 See also Legislative Power of Commonwealth. VACANCY in either House, by disqualification 45 11 questions as to ... ■ 47 11 1070 Inilex to CovMitatioii Act. Subject. Section. Page. VAC A N C Y- conlinued. in House of Representatives .33 9 by absence US 10 by resignation 37 10 in Senate 21 8 by al)sence 20 7 by resignation... 19 7 by rotation 1.3. 14 6, 7 casual ir> 7 notification of ... 21 8 of office of ['resident of Senate 17 7 Speaker of Hnise of Representatives 35 10 VESTING of legislative power of Commonwealth 1 5 E.xecutive power of Commonwealth 61 16 poA'er of appointment and removal 67 16 commandin-chief of forces 68 17 certain powers and functions of colonies 70 17 judicial power of Commonwealth 71 17 federal jurisdiction. See Federal Jurisdiction. property of transferred departments 85 20 territory of seat of Government 125 26 VIOLE^^CE — domestic, protection of States against 119 25 VOTING in House of Representatives 40 10 in Senate 23 8 at elections. See Elkctioxs : Electors. on amendments of Constitution ... 128 27 WATERS — Australian fisheries in extra-territorial 51 (X.) 12 of rivers, right to reasonable use of, for conservation or irriga- tion not to be abridged 100 23 WEIGHTS AND MEASURES— legislative power as to ... 51 (XV.) 13 WESTERN AUSTRALIA— inclusion in the Federal Commonwealth if people agree cl. 3 3 number of members for House of Representatives at first election if Western Australia an original State ... 26 8 power of, to impose customs duties on sliding scale for five years 95 22 WHITS for general elections for House of Representatives ... 32 9 time of issue 32 9 casual elections for House of Representatives ... 33 9 elections of senators ... 12 6 of prohibition, mandamus, or injunction against federal officers, jurisdiction as to 75 (V.) 18 See also Federal Jurisdiction. Index to Constitution Alteration {Senate Elections) 1906. 1071 Section. Page. Constitution Alteration (Senate Elections) 1906. Alteration of section 13 of Constitution 2 28 Elections of Senators — time for periodical . . • . . 2 28 Senators — retirement of, by rotation 2 28 term of service of 2,3 28 Term of service — of existing Senators, extension of 3 28 of Senators elected in 1906, beginning of, not altered 4 28 1072 Index to Constitution Alteration {State Debts) 1909. Constitution Alteration (State Debts) 1909. Alteration of section 105 of the Constitution relating to State Debts .. Section. Page. 29 Il^DEX TO ACTS. INDEX TO ACTS. Acts Interpretation Act 1901. Acting Minister, reference to Minister includes . . Affidavit includes affirmation. &c. Affirmation. See Oath. Alteration of Act. See Amendment. Amending Act construed with Principal Act . . Amendment of Act in same session . . Application of this Act Appointments, power to make includes power to remove, &c. Assent by Governor-General King .. Australia, meaning of Body corporate is person and party . . offences by . . may sue for penalties Body politic is person and party British possession, meaning of By-laws, commencement of . . expressions in power to make includes power to rescind, &c. Citation of Acts Acts in Act, instrument, or document enactments Commencement of Act assented to . . reserved exercise of powers before meaning of . . or instrument (including rules, regulations, or by-laws), time of . . Committed for trial, meaning of Commonwealth, meaning of . . . . . . . . office, &c., means office, &c., in Act, citation of Act, reference to . . Consolidated Revenue Fund, meaning of Constitution, meaning of . . Act, meaning of Corporation. See Body corporate. Court exercising federal jurisdiction, meaning of of summary jurisdiction, meaning of Crown, this Act binding on . . references to Date on Act evidence of date of assent judicial notice of Distance, measurement of . . Document. See Instrument. Duty imposed shall be performed from time to time on holder of office Estate, meaning of Evidence, authority to receive Executive Council, meaning of Expiration of Act, effect of . . Federal Court, meaning of . . Federal jurisdiction, court exercising . . Females, words importing males include Financial year, meaning of . . Footnotes not part of Act . . Forfeiture, body corporate may sue for Section. 19 36 27(6) 38 15 35 14 35 2 33 33 (4) 39 5 (1) 34 5 (2) 34 17 (b) 35 22 (a) 37 24 37 24 37 22 (a) 37 18 (b) 36 3 (2), 4 33, 34 32 38 33 (3) 39 38 40 40 40 40 40 5 (1) 34 5(2) 34 4 34 3 (1) 33 3 (2). 4 33, 34 27 (d) 38 17 (a) 35 21 (a) 36 40 (o) 40 38 (1) 40 17 (i) 35 17 (c) 35 17 (d) 35 26 (c) 37 26 (d) 37 2 33 16 35 6 34 6 34 35 39 33 (1) 39 33 (2) 39 22 id) 37 34 39 17 ig) 35 11 35 26(6) 37 26 (c) 37 23 (a) 37 22(c) 37 13(3) 35 24 37 Page. 1076 Index to Acts. Acts Interpretation Act 1901 — continued. Oazette, mc:inm^ oi . . ^ .. .. .. .. Gender, words importing Government Printer, meaning of co])y of Act printed by . . Governor-General, meaning of Headings part of Act High Court, meaning of Holiday, time exi)iring on . . Imperial Act, citation of . . reference to . . Indictment includes information Instrument, citation of Acts in . . under Act, commencement of expressions in issue before commencement of Act Introductory woids to section not necessary . . Judicial notice of date of Act proclamation or order Jurisdictions, reference to . . Land, me^ming of . . Localities, reference to Marginal notes not part of Act ]\Iasculine, words importing, include females . . Measurement of distance Minister or Minister of State, meaning of reference to The, meaning of . . Month, meaning of Number, singular and plural Numbering of Acts Oath, authority to administer includes affirmation, declaration, and promise Offences by bodies corporate under two or more laws Office, reference to person holding Officer, reference to . . Order by Governor-General, judicial notice of . . Parliament, meaning of Party, meaning of . . Penalty, body corporate liable to and may sue for Period. See Time. Person, meaning of . . Plural includes singular Post, service by, how effected Power conferred may be exercised from time to time on holder of office Proclamation, judicial notice of meaning of . . Reference to Acts . . Regulations, commencement of expressions in . . power to make includes power to rescind, &c. Repeal of Act does not revive Acts repealed . . effect of effect as to substituted provisions in same session Repealed and re-enacted provisions, reference to Royal Assent. See Assent. Rules, commencement of . . expressions in power to make includes power to rescind, &c. of court, meaning of power to make SoctiDii. 17 (m) 23 (o) 17 (n) 40 17 (/) 13 (I) 26 (a) 3r. (2) 40 (b) 38 (2) 27(a) 40 3 (2), 4 32 4 12 G 31 21 (6) 22 (c) 21 (b) 13(3) 23 (a) 35 n{h) 19 17 (i) 22 (6) 23 (6) 39 34 27(6) 24 30 21 (a) 20 21(a) 31 17(e) 22 (o) 24 P»ge. 35 37 35 40 35 35 37 39 40 40 38 40 33, 34 38 34 35 34 38 36 37 36 35 37 39 35 36 35 37 37 40 39 38 37 38 36 36 36 38 35 37 37 22 (o) 37 23 (b) 37 29 38 33(1) 39 33 (2) 39 31 38 17 ij) 35 38(1) 40 3 (2), 4 33,34 32 38 33 (3) 39 7 34 8 34 9 35 14 35 10 35 3 (2), 4 33,34 32 38 33 (3) 39 28(1) 38 28(2) 38 Index to Acis. 1077 Section. Page. Acts Interpretation Act 1901 — continued. Schedules part of Act 13(2) 35 Seat of government, meaning of 17(0 35 Section of Act is substantive enactment 12 35 Service by post, how effected 29 38 Singvdar includes plural 23 (6) 37 Sovereign, references to 16 35 State, meaning of . . 17(0) 35 Act, citation of 40 (c) 40 reference to . . 38(3) 40 Statutory declaration, meaning of 27(c) 38 Substituted provision in repealing Act 9 35 Summary jurisdiction, court of 26 (d) 37 Sunday, time expiring on . . 36 (2) 39 Swear includes affirm, declare, and promise 27(6) 38 Time of commencement of Act 3 33 instrument 3 (2), 4 33,34 reckoning of . . " 36 39 reference to . . 37 39 United Kingdom, meaning of 18(a) 36 Witnesses, authority to call . . 34 39 Writing, expressions referring to 25 37 Year, financial, meaning of . . 22(e) 37 Acts Interpretation Act 1904. Act, application of . . 2 40 short title 1 40 Attempt to commit offence . . 8 41 Imprisonment, awarding of, with or without hard labou r 7 41 Justice of the Peace, definition of . . 9 41 OfiFence, attempt to commit, how punishable . . 8 41 Offences, punishable on indictment . . 4 41 summary conviction . . 5 41 Penalty, meaning of, at foot of section 3(o) 41 sub-section 3(6) 41 pecuniary, recovery of 6 41 Prescribed, meaning of 9 41 Regulations, commencement of 10(6) 41 disallowance of, by Parliament . . 10(c) 41 gazettal of . . 10 {a) 41 meaning of . . 9 41 presentation of, to Parliament 10 41 Amendments Incorporation Act 1905. Act, amendments to be incorporated in reprints of 2 42 reprint of, to contain marginal or foot-note reference to each amending enactment 2(2) 42 to contain reference to amending Act 3 42 Government Printer, reprints of amended Acts by, to contain amendments 2, 3 42 ARBITRATION. See Conciliatign and Arbitra noN. C. 11 128. —VOL. II. 1U78 Index to Acts. Arbitration (Public Service) Act 1911. Act, short title of Anirniation, oath or, Court may take evidence on Amendment of claim or subsequent proceeding, power of Court to allow Appeals from awards, orders, and directions of Court not allowed Appeal to Court from award of Judge, Magistrate, or authorized person to whom claim referred Association of employees, registration of, as an organization Attorney-General, award, copy of, to be sent to opinion of, as to inconsistency of award with Commonwealth law or regulation Award, copy of, to be sent to Prime Minister and Attorney- General. . copy of, transmission of, by Prime Minister to Parliament Court may vary inconsistent with Commonwealth law or regulation, action upon inconsistent with Commonwealth law or regulation, effect of .. .. .. .. .. not operative till after presentation to Parliament of Court need not be limited to claims made . . of Court not challengeable . . of Court to be complied with penalty for breach of. See Penalties, power of Court to make Chief officer of Department to comply with award or order of Court . . Claim, amendment of, power of Court to allow hearing of. See Hearing of Claim, organization of employees may submit, to Court reference of, by Court to Judge, Magistrate, or authorized person . . representation of parties at hearing of Common rule, Court may declare Consolidated Revenue Fund appropriated for salary of Industrial Registrar Costs of proceedings not allowed Counsel, representation by, not permitted Court of Conciliation and Arbitration (Commonwealth) — appeal to, from award of Judge, Magistrate, or authorized person to whom claim referred award or order of, need not be limited to claims made awards and orders of, to be complied with awards, orders, and directions of, not challengeable cognizance by, of claim submitted by organization hearing of claim by. See Hearing of Claim, not to make award inconsistent with Commonwealth law or regulation except as provided powers of, ho\^ exercisable in relation to claim submitted by organization . . to allow amendment of claim or subsequent pro- ceeding . . to declare a common rule to fix maximum penalties for breach of order or award to give directions necessary or expedient to hear and determine claim . . to impose penalties for breach of order or award to make any order or award . . to summon witnesses before it and compel pro- duction of documents to take evidence on oath or affirmation Section. Page. 1 (j(h) 49 50 G (t) i 50 13 61 7(3) 4 14(2) 51 50 51 15 (4) (5) 52 14(2) 14 (3), 15(3) 6 (/) 51 62, 52 50 15 52 15 (5) (6) 14(1) 10 13 8 52 51 61 51 51 6(6) 50 8 6 (i) 51 50 5 60 7 5 (2), 12 6(e) 50 60,51 60 16(4) 11 12 53 51 61 7(3) 10 8 13 5 51 61 51 61 50 15 9 6 52 51 50 6 (t) 6(e) 50 50 6(c) 6 (7) 6(a) 6 id) 6(6) 50 50 50 60 60 6(^) 6(A) 50 50 Index to Acts. 1079 Section. Pago. Arbitration (Public Service) Act 1911 — continued. Court of Conciliation and Arbitration (Commonwealth) — continued. powers of, to vary orders and awards, and re-open questions 6 (/) 50 reference by, of claim to Judge, Magistrate, or authorized person 7 50 submission to, by plaint, of claim by organization 5 50 Direction of Court not challengeable 13 51 Directions, Court may give 6 (b) ij) 50 Documents, Court may compel production of 6(!7) 50 Employees in Public Service deemed employees in an industry . . 3 49 registration of association of, as an organization 4 50 Evidence, Court may take, on oath or affirmation 6(A) 50 Hearmg of claim by Court 6(a) 50 representation of parties on 5 (2), 12 50,51 Industrial Registrar, appointment, classification, salary, and increments of . . 16 52 Industry, employees in Public Service deemed employees in an . . 3 49 Judge of State Court, Court may refer claim to 7(1) 50 powers of, in connexion with claim referred 7(1) 50 report on claim or determination of claim by 7 (2) (3) 51 Magistrate, Court may refer claim to 7(1) 50 powers of, in connexion with cLaim referred 7(1) 50 report on claim or determination of claim by 7 (2) (3) 51 Mandamus not to lie against awards, orders, and directions of Court 13 51 Minister, appeal by, to Court from award of Judge, Magistrate, or authorized person to whom claim referred 7(3) 51 entitled to representation before Court in hearing of claim 5 50 Oath or affirmation, Court may take evidence on G{h) 50 Order of Court need not be limited to claims made 10 51 not challengeable 13 51 penalty for breach of. See Penalties. to be complied with 8 51 power of Court to make 6(6) 50 power of Court to vary 6 (/) 50 '* Organization," definition of 2 49 may appeal to Court from award of Judge, Magistrate, or authorized person to whom claim referred . . 7(3) 51 power of, to submit claims by plaint to Court 5 50 registration of association of employees as an 4 50 representation of, by counsel or solicitor not permitted 12 51 Parliament, award not operative until laid before 14(1) 51 copy of award to be laid before . . 14(3) 51 either House of, may disapprove of award inconsistent with Commonwealth law or regulation . . 15(5) 52 Penalties, imposition of, for breach of orders and awards &(d) 50 maximum, for breach of order or award 6(c) 50 Permanent head of Department to comply with award or order of Court 8 51 Person authorized by Court, Court may refer claim to 7(1) 50 powers of, in connexion with claim referred 7(1) 50 report on claim or determination of claim by 7 (2) (3) 51 Person, representation of, by counsel or solicitor not permitted . . 12 51 E*resident, action by, when making award inconsistent with Commonwealth law or regulation 15(2) 52 to send copy of award to Prime Minister and Attorney- General 14(2) 51 1080 Index to Acts. Section. Page. Arbitration (Public Service) Act 1911 — contimied. Prime Minister, action by, when President makes .iward incon- sistent with Comraonweiilth law or regulation 15 (3) (4) 52 award, copy of, to be sent to 14(2) 61 award, copy of, to bo tabled by 14(3) 51 Proceedings, costs of, not allowed 11 51 Prohibition not to lie against awards, orders, and directions of Court 13 51 Public Service Commissioner, appeal by, to Court from award of Judge, Magistrate, or authorized person to whom claim referred 7(3) 61 entitled to be represented before Court in hearing of claim 5 50 to comply with award or order of Court 8 51 " Public Service of the Commonwealth, the," definition of 2 49 Question, power of Court to reopen any 6 (/) 50 Registration of association of employees as an organization 4 50 Regulations, power to make 17 53 Solicitor, representation by, not permitted 12 51 Witnesses, Court may summon 6(?) 50 Audit Act 1901-1909. Accounting officer, advances to 33 (2) 86 appeal by, against surcharge 44 92 balances of, on death, resignation, or insolvency 19 83 banking account of 18 82 credits in favour of, in bank 33(3) 86 definition of 2 79 duties of, as to keeping books and rendering accounts . . 16 82 obtaining receipts 24(2) 83 payment in of collections 22, 24 83 payment of accounts 33, 34 86,87 rendering monthly returns 25 84 rendering statements to Auditor- General . . 39 90 liability of, for sums disallowed by Auditor- General 48 94 misappropriation by 64 99 overdraft by, not allowed . . 18 82 receipts and payments of, to be vouched 46 94 return of moneys received by 24, 25 83,84 security by 17 82 subject to Act and regulations 16 82 surcharge of 43, 44 92 vouchers of, defective 47 94 wilful damage of stores by 64 99 Accounts, audit of. See Audit of accounts. authorization of payment of 34 87 bank. See Bank account. certification of . . 34 87 duties of authorizing, certifying, and accounting officers in regard to . . 34 87 payment of, before certification 34(1) 87 production of, may be required by Auditor-General . . 13(1) 82 Trust. See Trust Accounts. Act, commencement of 1 79 short title of . . 1 79 Advance to the Treasurer, debiting of expenditure charged to . . 36a 88 Advances to accounting officers 33 (2) 86 Index to Acts. 1U81 Audit Act 1901-1909 — continued. Annual financial statement — Auditor- General to examine and report on to be transmitted to Parliament with Auditor-General's report to be published with report as a public document, if Parlia ment not sitting Treasurer to prepare and transmit to Auditor-General See also Auditor- General : Financial statements. Appropriations, lapse of, except militia pay, at close of financial year Attorney- General, Auditor- General may submit cases for opinion of opinions of, on cases submitted to be appended to Auditor-General's report Audit of accounts, appointment of persons to make . . appropriation, not to be dispensed with detailed, may be dispensed with in certain cases duties of Auditor- General as to periods for Auditor- General, appointment of of Acting by, of deputies in States by, of persons to audit and inspect accounts, &c. audit and inspection of accounts by books, &c., may call for production of communications by, to Treasurer countersignature by, of Treasurer's statements of moneys required declaration by defective vouchers, may be allowed by discharge by, for correct payments examination by, of returns, cash sheets, &c. of annual financial statement incapacity of, for other positions oath, may examine persons on observations and queries by, on accounts opinion of Attorney-General may be obtained by production of books, &c., may be called for by removal of, from ofiice report by, on non-compliance with Act or regula tions . . on audit and inspection of accounts on defective vouchers on annual financial statement rights of, as officer, preserved salary of . . surcharges by See also Surcharge, suspension of, from office tenure of office of . . vacation of office by witnesses, power of, to summon and examine . Authorizing officers, appointment of . . duties of Bank account, advances to credit of, may be lodged authority required for opening public or official . balances to credit of accounting officers, to vest in successor, in case of death, &c. overdrafts not allowed in public or official See also Money Order Account. Section. 51, 62 53(1) 53 (2) 50 36 (1)* 15 52 (h) 11 45a 45a 45 45 3 9 10 11 45 13(1) 12 32 8 47 42 (1) (4) 41 51 5(1) 14 42(1) 15 13(1) 7 Page. 12(2) 82 45 92 48 94 51-54 95-96 6 80 4 80 42(2) 91 7 80 7(1) 80 5 (2) 80 13 82 34 87 34 87 33 (2) 86 18 82 19 83 18 82 95 96 96 95 82 95 81 93 93 92 92 80 81 81 81 92 82 81 85 81 94 91 90 95 80 82 91 82 82 80 * See footnote to Audit Act 1901-1909, s. 36, (supra, p. 88). 10S2 Index to Acts. Audit Act 1901-1909— con^znwecZ. Bankruptcy, accounting officers' balances to vest in successor, in case of . . . . • • • • _ • • Banks, agreements with, in relation to public moneys . . Commonwealth Public Account to be kept in . . transfers of money in Bank Sheet, The, bank to transmit to Treasurer and Auditor- General Cash Book, The, Treasurer to keep . . Sheet, The, to be sent to Auditor- General Certifying officers, appointment of . . duties of Collectiorv of moneys — Accounting officers to furnish statements of, to Treasurer . . obtain bank receipts for money paid to Commonwealth Public Account furnish verified returns to Auditor- General . . pay over as directed by Treasurer Commonwealth Public Account, bank sheet showing state of definition of . . drawing of money out of keeping of, in bank moneys to credit of, to be deemed public moneys receipts to be obtained from bank for payments to transfer of moneys to credit of, from one bank to another Treasurer to pay receipts into, daily Credits, in bank in favour of accounting officers adjustment by, of expenditure between departments and branches Declared returns, accounting officer to furnish monthly to Auditor- General Death, balances to credit of accounting officer to vest in successor on Defaulter, salary of, may be withheld Defective vouchers may be allowed in certain cases Deputy Auditors-General, appointment of declarations by powers and duties of Deputy-Treasurer, definition of Destroyed voucher, allowance in case of Expenditure, debiting of, when charged to advance to the Treasurer See also Payment of moneys. Financial statements. See Annual financial statement : Quarterly financial statements. Governor-General, appointment by, of Auditor-General of Acting Auditor- General . . of authorizing and certifying ' officers . . approval by, to appointment of Deputy Auditors General arrangements by, as to collection and expendi- ture of moneys outside the Commonwealth consideration by, of suggestions in Auditor- General's report. . making of regulations by . . order by, on appeal against surcharge passing by, of unvouched payments . . removal by, of surcharges . . transfer by, of votes from one item to another warrant by, for issue of moneys Guarantee fund, definition of regulations governing Section. Page. 19 83 20 83 21 (1) 83 35 88 38 89 40 90 40 90 34 87 34 87 24(1) 83 24(2) 83 25 84 22 83 38 89 2 79 ! 31, 33 85, 86 1 21 (1) 83 21 (2) 83 24(2) [ 83 1 35 88 23 83 33(3) 86 36c 89 25 84 19 83 12(2) 82 47 94 10(1) 81 10(2) 81 10(3) 81 2 79 46 94 36a 88 3 80 9 81 34 87 10(1) 81 63 99 54 96 71 101 44(2) 92 46 94 42(3) 91 37 89 32(4) 86 2 79 71 101 Index to Acts. 1083 Audit Act 1901-1909 — continued. Inspection of accounts, provisions as to Interest on public debts, charging of . . moneys to credit of Trust Fund . . Investment of Trust Fund, See Trust Fund. Loan Fund, accounts of, to be kept separate . . application of Act to . . charging of interest payments expenditure of, to be authorized by Act statements of, to be included in financial statements suspense accounts in connexion with Lost vouchers, allowance of sums in case of . . Militia pay, appropriation for, not to lapse at close of financial year Money Order Account, provisions relating to . . use of, for receipts and payments of public moneys Moneys, collection of. See Collection of moneys. collection and expenditure of, outside the Commonwealth payment of. S^e Payment of moneys, receipt of, by public servant by virtue of his office Oflences, contraventions of Act not otherwise provided for failure to attend Auditor-General to be examined failure to produce documents, be sworn, make declara tion, or answer questions forging and uttering giving false evidence making a false declaration or affirmation misappropriating moneys or stores . . recovery of penalties for wilfully damaging or destroying stores wilfully subscribing a false document in Ueu of a declara tion Outstanding accounts, statement as to, at close of financial year Overdrafts not allowed in official accounts Payment of accounts, duties of officers in regard to Payment of moneys — beyond tlie Commonwealth Treasurer's statement of amount required duties of Auditor-General in regard to the Treasurer's state ment Governor-General's warrant authorizing . . issue of drafts, &c., for, on Governor-General's warrant duties of accounting officers in regard to . . Payments, vouchers required to support accounting officer liable for, when disallowed imperfect vouchers for, may be allowed in certain cases Penalties. See Offences. Public moneys, definition of agreements with banks as to business relating to moneys paid to Commonwealth Public Account to be deemed duties as to collections and returns of . . Public servants, duties of, as to moneys collected by virtue of their offices . . Quarterly financial statements. Treasurer to prepare and publish Regulations, making and notification of penalties may be imposed by, on accounting officers Salary votes, available for payment of salary in same sub-division not to be augmented by transfer tatutory declaration, accounting officers' returns to be verified by Auditor- General may require statement of cheques, &c., to be verified by ■ penalty for false Section. 11, 45 81,92 56 96 62u 99 55 96 59 97 56 96 57 96 49, 50 94,95 58 97 46 94 36(1) 88 26 84 26a 84 63 99 27-29 84-85 69 100 67 100 67 100 65 100 68 100 68 100 64(1) 99 70 101 64 (2) 99 66 100 36(2) 88 18 82 34 87 36 88 32(1) 85 32 (2) (3) 86 32(4) 86 33 86 34 87 46 94 48 94 47 94 2 79 20 83 21(2) 83 2^25 83-84 27-29 84-85 49 94 71 101 71 (4) 101 36b 89 37 (3) 89 25 84 39 90 68 100 1084 Index to Acts. Section. Page. Audit Act 1901-1909 — continued. Statutory decliiralion, eiibscribed document may bo accepted in lieu of 60 100 Surcharge, amount of, may bo sued for 43 92 cases in which may be made 42 (2) 91 effect of 43 92 Governor-General may order removal of 42(3) 91 order by Governor-General on appeal 44 (2) 92 person to whom notice sent may appeal to Governor- General 44(1) 92 Treasurer to send notice of, to defaulter 43 92 Treasurer, accounts, &c., to be sent to Auditor-General by 40 90 annual financial statement to be prepared by 50 95 cash book to be kept by . . 40 90 drafts, &c., by, on Commonwealth Public Account 33 86 incorporation of, for purpose of investment of Trust Funds 62 b 99 moneys received by, to be paid to Commonwealth Public Account 23 83 notice by, of surcharge to defaulters 43 92 quarterly financial statements to be prepared by 49 94 statement by, of moneys required to meet payments 32 85 transfer by, of moneys from one bank to another 35 88 Trust Accounts, establishment of certain 62a (1) 98 establishment of additional . . 62a (2) 98 moneys to credit of, to be deemed part of Trust Fund 62a (3) 98 closing of . . 62a (4) 98 moneys to be paid to credit of 62a (5) 98 expenditure of moneys to credit of 62a (6) 98 Trust Fund, apphcation of Act to . . 62 97 expenditure of moneys to credit of 61 97 interest on investment of moneys to credit of 62 b 99 investment of moneys to credit of 62 b 99 moneys to credit of Trust Accounts to be deemed part of .. 62a 98 payment of certain moneys to credit of . . 27-29 84-85 receipts and expenditure on account of, to be included in financial statements 49, 50 94,95 separate accounts of, to be kept in Treasury 60 97 unclaimed moneys to credit of . . 30 85 Vouchers, allowances and disallowances for want of 48 94 imperfect 47 94 lost or destroyed 46 94 receipts or payments to be evidenced by 46 94 Warrant, Governor-General's, for issue of moneys 32 85 Treasurer's drafts, &c., not to exceed 33 (6) 87 Witnesses, Auditor-General may summon 13 82 examine on oath 14 82 Australian Industries Preservation Act 1906-1910. Action for injimction to restrain contravention of Act . . 10 1022 for damages for contravention of Act or of injunction 11 1022 trial of, by special jury 12 1023 Aiding and abetting offences 9 1022 Answer questions, Comptroller-General may require persons to . . 15b 1025 definition of 3 1018 person not excused from liability to, on ground that answer might criminate him . . 14b, 1023, 15b 1025 refusal or failure to 15b 1025 Index to Acts. 1085 Australian Industries Preservation Act 1906-1910— cow^mt^fZ. Answers, incriminating, not admissible in evidence in certain cases Appeal from determination of Justice in relation to dumping not allowable Attorney- General may institute civil instead of criminal proceedings for offences against s. 7 . . proceedings by, for injunction to restrain con- travention of Act proceedings by, for offences against Part II. of Act . . consent of, to civil proceedings under Part II. of Act . . statutory declaration, disclosing combination, &c., may be lodged with . . notice by, that he considers contract or com- bination injurious, &c. Australian goods, definition of Australian industries, combinations and contracts, with intent to destroy or injure unfair competition with . . See also Dumping, prevention of. Averment of prosecutor in prosecution, how far deemed proved Books. See Documents, books or. Burden of proof in certain cases Certificate of unfair competition, issue of is prima facie evidence Civil proceedings. Attorney- General may institute, instead of crim- inal proceedings, for offences against s. 7 consent of Attorney-General to institution of, under Part II. . . for the recovery of penalties . . Combination, penalty for entering into, with intent to restrain trade or commerce penalty for entering into, with intent to destroy or injure Australian industries penalty for entering into, to monopolize trade or commerce injunction to restrain injurious . . person entering into, may lodge declaration dis- closing particulars of See also Disclosure. Commerce. See Trade and Commerce. Commercial trust, definition of included in terra person presumption of unfair competition in case of Competition deemed to be unfair in certain circumstances unfair. See Unfair competition. See also Disclosure : Dumping, prevention of. Comptroller-General, certificate by, of unfair competition complaint to, of contravention of Act complaint to, of unfair competition definition of . . false or misleading statements to, penalty for making may impound or retain documents, and supply certified copies may permit inspection of impounded, &c., documents until certified copies are supplied Section. 11(2), 14b, 15b (4), 21(6) 21 (9) 7(3) 10 14(1) 14(2) 15(1) 15(2) 16 4 Part III. 15a 15a 19 21 (3) 7(3) 14(2) 13(1) 4 4 7 10 15 Page. 1023, 1026 1029 1029 1021 1022 1023 1023 1024 1025 •1027 1019 1027 1025 1025 1028 1029 1021 1023 1023 1019 1019 1020 1022 1024 3 1018 3 1018 6 1020 6 1020 19 1028 15b, 1025, 15c 1026 19 1028 3, 1018, 16 1027 26 1030 I5d 1026 15d 1026 1 U«(i Index to Acts. Australian Industries Preservation Act Section. Page. 1906-1910— C(>/i/^;me(Z. Ouniptrollor-Gencral, may require person or foreign corporation to produce documents I5b, 1025, 15c 1026 may require person to answer questions 15b 1025 may take copies of or extracts from docu- ments 15b, 1025, 15c ]02() Concessions, &c., in consideration of exclusive dealing, prohibited . . 7a 1021 Conspiracy to monopolize trade and commerce, penalty for 7 1021 Contracts, in contravention of provisions against exclusive dealing, to be void 7a 1021 Contracts in restraint of trade or commerce — penalty for entering into 4 1019 injunction to restrain . . 10 1022 See also Disclosure. Contracts with intent to injure or destroy Australian industries — penalty for entering into 4 1019 injunction to restrain 10 1022 See also Disclosure. Copies of books, minutes, &c., admissibility of, in evidence 14c, 14d 1024 Corporation — documents, liability of, to produce 15c 1026 documents produced by, may be impounded 15d 1026 included in term person 3 1018 See also Foreign corporation. Criminal proceedings under Part II. not to be instituted except by Attorney-General or authorized person 14 1023 Crimination, persons not excused from answering questions, or making discovery, on ground of . . 1 1(2), 14b, 1023, I5b (4), 1026, 21 (6) 1029 Customs, officers of, penalties for making f;i Ise statements to 26 1030 Damages, treble, for contravention of Part II. of Act . . 11 (I) 1022 for contravention of mjunction 11 (1) 1022 Defence to proceedings for entry into contract or combination in restraint of trade or commerce 4(3) 1019 Defence to prosecutions or actions for giving concessions, &c., for exclusive dealing . . 7a 1021 Disclosure of information obtained by officer in execution of powers under Act 15e 1026 Disclosure of particulars of contracts or combinations — party may lodge with Attorney-General declaration making disclosure 15(1) 1024 notice to Attorney- General to declarant . . 15(2) 1025 innocent intent on part of declarant presumed in certain cases 15(3) 1025 Discounts, &c., in consideration of exclusive dealing, prohibited. . 7a 1021 Discovery, persons not excused from making, on ground of incrimi- nation 11 (2), 14b 1023 incriminating answers in, not admissible in criminal proceedings, other than perjury . . 11(2), 14b 1023 Documents, books or — admissibility of, or copies of, in evidence . . 14c, 14d 1024 Comptroller-General may require person to produce 15b 1025 may require person or corporation to pro- duce and hand over 15c 1026 may take copies of or extracts from 15b, 1025, 15c 1026 may impound, when produced and handed over 15d 1026 corporation or person entitled to certified copy of impounded 15d 1026 entitled to inspect and take extracts from 15d 1026 Index . to Acts. 1087 Australian Industries Preservation Act 1 906-1 910~€ontinued. Documents, books or — continued. person not excused from making discovery of or producing, on ground of crimination Dumping, prevention of — unfair competition, when deemed to exist. . . . . . complaint to Comptroller-General of unfair competition certificate by Comptroller-General of unfair competition requisites of . . additions to . . right of importer to show cause before certificate is made . . action by Minister on receipt of certificate order by Minister referring matter to Justice for investigation prohibition of importation pending investigation abrogation of prohibition if security given Justice to proceed expeditiously with investigation Justice, powers of, in reference to investigation certificate of Comptroller-General prima facie evidence of certain facts representation of persons interested on investigation Justice to be guided by good conscience and substantial merits. . incrunination not to excuse discovery, &c. Justice to forward determination to Minister questions to be inquired into, in the case of agricultural imple- ments Justice's determination to be final and conclusive and without appeal Justice's determination to be published in Gazefte . . effect of Justice's determination when published Justice may reduce amount recoverable under bond rescission, by proclamation, of any prohibition Justice's determination that importation should be prohibited to be laid before Parliament . . Rules of Court regulating procedure on investigation Evidence, admissibility in, of minutes or records of meetings of books, &c., or copies thereof certificate of Comptroller-General prima facie, of certain facts in certain prosecutions under Part II. incriminating answers not admissible in, in certain cases of unfair competition Exclusive dealing, concessions, &c., in consideration of, prohibited contracts in contravention of provisions against, to be void Extracts, admissibility of, in evidence False statements, penalties for making liabilities of persons making, to pay costs of in- quiry into Firm included in term person Foreign corporation, documents, liability of, to produce documents produced by, may be inapounded See also Corporation. Goods, importation of, in unfair competition with Australian goods provisional prohibition of importation of prohibition of importation of rescission of prohibition of importation of refusal to sell or sup ly See also Dumping, prevention of. Section. 11(2), 14b, 15b 17, 18 19(1) 19(1) 19 (-2) 19(3) 19(4) 19(5) 19 (5) {a) 20 20 21(1) 21(2) 21(3) 21 (4) 21(5) 21 (6) 21 (7) 21 (8) 21 (9) 22(1) 22 (2) (a) 22 (2) (6) 23 24 25 14c 14d 21 (3) 15a 11 (2), 14b, 15b (4), 21 (6) 6, 18 7a 7a Un 26 (1) 26 (2) 3 15c 15d 19 20 22 23 7b Page. 1023, 1025 1027 1028 1028 1028 1028 1028 1028 1028 1028 1028 1029 1029 1029 1029 1029 1029 1029 1029 1029 1030 1030 1030 1030 1030 1030 1024 1024 1029 1025 1023, 1026, 1029 1020, 1027 1021 1021 1024 1030 1030 1018 1026 1026 1028 1028 1030 1030 1021 loss Index to Acts. Australian Industries Preservation Act iSOQ-19iO— continued. Importation of goods. See Dumping, prevention of : Goods. Inxported goods, definition of See also Dumping, prevention of. Incrimination, persons not excused from answering questions, or making discovery, &c., on ground of Indictments, &c., statements in, of offences Industries, definition of combinations, &c., with intent to destroy or injure Australian preservation of, from unfair competition. See Dump ing prevention of. Information gained under Act, disclosure of . . Injunction, penalty for disobedience of to restrain contracts and combinations in contravention of Act to restrain repetition of offences . . treble damages for contravention of Interrogatories, persons not excused from answering, on groimd of crimination Jury, special, indictable offences to be tried by Justice of High Court — I offences, certain, to be tried before reference to, of complaints of unfair competition investigation by, of complaints determination by, of complaints appeal from such determination not allowed publication and effect of determination of determination of, to be laid before ParUament. . See also Dumping, prevention of. Labour, definition of inadequate remuneration for Letters, &c., admissibility of, or copies of, in evidence . . Meetings, minutes or records of, admissibility of, in evidence Minutes, &c., of meetings, admissibility of, in evidence . . Misleading Comptroller-General, penalty for wilfully Monopolies, provision for repression of Offences, aiding and abettmg second, to be indictable special jury for trial of certain statements of, in indictments, &c. . . trial of, in certain cases Onus of proof in certain cases Parliament, determination of Justice and proclamation affecting it to be laid before Penalties, civil proceedings for the recovery of Person, definition of Presumption of unfair competition where certain facts exist of innocent intention where particulars of contract or combination have been disclosed in prosecution for offence under Part II. . . Produce documents, definition of . . Comptroller-General may require persons to See also Documents, books or. Produced, definition of Producer, definition of Production of documents. See Documents, books or. 16 11 (2), 14b, 15b (4). 21 (6) 14a 16 Part II. 15e 10a 10(1) 10(2) 11 11 (2), 14b 12 7(3), 13 (1) 19 21 21 (7) 21 (7) 22 24 3 14d 14c 14c 26 Part II. 9 13(2) 12 14a 7(3), 13 (1) 15a 24 7 (3), 13 3 6, 18 15 16a 3 15b, 15c 16 16 Page. 1027 1023, H26, 1029 1023 1027 1019 1026 1022 1022 1022 1022 1023 1023 1021, 1023 1028 1029 1029 1029 1030 1030 1018 1024 1024 1024 1030 1019 1022 1023 1023 1023 1021, 1023 1025 1030 1021, 1023 1018 1020, 1027 1024 1025 1018 1025, 1026 1027 1027 Index to Acts. 1089 Section. Pago. Australian Industries Preservation Act 1906-1910— con^mwecZ. Prohibition of importation — provisional, pending investigation of complaint of unfair cor n- petition 20 1028 absolute or subject to restriction on determination of Justice 22 1030 rescission, by proclamation, of . . 23 1030 See also Dumping, prevention of. 1 Proof, burden of . . . . 1 I6a 1025 Rebates, &c., in consideration of exclusive dealing, prohibited 7a 1021 Refunds, &c., in consideration of exclusive dealing, prohibited .. 1 7a 1021 Refusals to sell or supply goods or services 7b 1021 Restraint of trade. See Trade and Commerce. Rewards, &c., in consideration of exclusive dealing, prohibited 7a 1021 Rules of Court, power to make .. ! 25 1030 Services, refusal to supply . . .. 7b 1021 Special jury, certain actions, &c., to be tried by 12 1023 Trade, definition of 16 1027 Trade and Commerce — contract or combination in restraint of or with iiitent to restra in 4 1019 monopolization of 7 1020 injunction to restrain contracts or combinations made, & '•> with intent to restrain or in restraint of 10 1022 Trust, commercial, definition of 3 1018 presumption of unfair competition in case of 6 1020 Unfair competition — complaint of, in relation to imported goods 19 1028 contract or combination with intent to destroy or inju re Australian industries by means of 4 1019 evidence of . . 6, 1020, 17, 1027, 18 1028 investigation, &c., of complaint of , in relation to imported goo is 19- 1028- 24 1030 matters to be considered in determining what i3, in relation to imported goods 18(2) 1028 when deemed to exist . . 6 1020 Australian Notes Act 1910-1911. Act, commencement of 2 166 short title of . . 1 166 Advertising on Australian Notes 27 171 Aiding or abetting offences . . 28 171 Australian Notes, advertising, &c., on 27 171 copying of, without authority 26 170 defacing, &c., of . . 27 171 denominations, &c., of 6 167 forging or uttering, &c., of . . 20-23 169-170 issue, re-issue, and cancellation of 5 167 moneys derived from issue of 8 167 monthly statements of notes issued . 11 168 not to be pledged . . 10 168 redemption of 8, 17 167, 169 signing of 6 167 temporary use of bank note forms for purposes Df 1 7 167 to be payable in gold on demand at Treasury 6 167 to be legal tender . . 6 167 Australian Notes Account — creation of 8 (1) 167 disposal of securities in which moneys to credit of, invested 8(3) 167 expenditure of moneys to credit of 8 (4) 167 investment of moneys to credit of • 8 (2) 167 1090 Index to Acts. BANK. See Commonwealth Bank. Australian Notes Act 1910-1911 — continued. Australian Notes Account — continued portion of moneys to credit of, to be held in reserve in gold . . proceeds of Australian Notes to be paid to credit of Bank, definition of not to issue or circulate State Notes as money . . note, definition of . . note forms. Treasurer may use for Australian Notes notes, records of, to be kept by banks and furnished to Treasurer . . Constable, definition of may seize forfeited forms, &c. powers of, under search warrant Copying of Australian Notes without authority Counterfeit Australian Notes to be marked by bank officer if presented See also Forging : Unlawful possession : Uttering. Defacmg or disfiguring Australian Notes False personation of person entitled to Commonwealth Securities statements in declarations Falsely makmg out Commonwealth Securities . . Forfeiture of unauthorized forms of Commonwealth Securities Forging Commonwealth Securities or transfers thereof . . Forms, unauthorized. See Unauthorized forms. Gold reserve. See Reserve, gold. Legal tender, Australian Notes to be State Notes to cease to be Lost Treasury BUI, provision for issue of new bill in place of Regulations, power to make Reserve, gold, provision for . . statement, monthly, of amount held as . . Search warrant State Notes, banks not to issue or circulate as money . . not to be legal tender Treasurer may use forms of, for Australian Notes . . Treasury Bill, definition of . . Treasury Bills, destruction of, when paid off . . disposal of . . forging or uttering, &c., of issue of lost or destroyed, provision in cases where principal and interest of, charged on Consolidated Revenue Fund proceeds of, to be applied in redemption of Aus- tralian Notes requisites of . . Unauthorized forms of Commonwealth Securities, forfeiture of . . unlawful pos- session of warrant to search for . . Unlawful possession of forged Commonwealth Securities of instruments for making forms of Common- wealth Securities of unauthorized forms of Commonwealth Securities of unauthorized copies of Commonwealth Notes Uttering forged Commonwealth Securities or transfers thereof Section. Page. 8 (2), 9 167, 168 8(1) 167 3 16!) 4 166 3 166 7 167 12 16S 3 J 66 29 171 30 171 26 170 31 171 27 171 24 170 25 170 24 170 29 171 21 170 6 167 4 166 18 169 32 172 8 (2), 9 167, 168 11 168 30 171 4 166 4 166 7 167 3 166 19 169 16 169 20-23 169-170 13 168 18 169 15 169 17 109 14 168 29 171 23 170 30 171 22 170 23 170 23 170 26 170 21 170 Index to Acts. 1091 Bank Notes Tax Act 1910. Act, commencement of short title of . . Definitions Tax, imposition of, on bank notes assessment of time for payment of to be paid to the King for the purposes of the Commonwealth BEER EXCISE. See Excise (Beer). Bills of Exchange Act 1909. Acceptance, date of definition of . . general material alteration in . . non-acceptance, effect of . . payable at a fixed period after sight, omission of date in presentment for rules as to time for, when bill payable after sight when excused qualified when unnecessary assent of drawer as to, deemed to have been given in certain cases . . discharge of drawer, &c., when taken without assent duties as to holder of bill may refuse to take . . requisites of . . signification of . . time of when irrevocable Acceptance for honour, bill payable after sight, maturity how calculated in case of for part of amount of bill for whom presumption when party not named requirements of what bills may be accepted See also Acceptor for honour. Acceptor, contract of, incomplete until delivery of bill . . corporation as delivery by, when presumed liabilities of liable without presentment for payment when bill accepted generally . . . . . . negotiation of bill back to . . protest or notice of dishonour not necessary to render liable .signature of, to bill essential to liability signature of, as agent stamped paper signed by, prima facie authority to com- plete as biU Section. Page. 18(1) 4, 22 24 69 47 17 44 46 (I) 45 44(4), 46(2) 44 24 49(3) 49 (2) 49 49(1) 22 (2) 22(1) 23 26 70(5) 70(2) 70(1) 70(4) 70(3) 70(1) 26(1) 27 26(3) 28, 57 (2), 59 57(1) 42 57(3) 28 31 25(1) 172 172 172 172 172 172 172 118 114,119 119 135 126 117 125 125 125 125, 126 125 119 126 126 126 126 119 119 119 120 136 135 135 136 135 135 120 120 120 121,132, 132 132 124 132 121 121 119 1092 Index to Acts. Section. Page. Bills of Exchange Act 1909 — continued. Acceptor for honour, bill dislionoured by, must bo protested for noii-p;iyiuent 72(4) 136 liability of 71 136 presentment of bill to . . 72 13G presentment of bill to, delay in . . 72(3) 136 presentment of bill to, time for . . 72(2) 136 Accommodation bill, when discharged 64(3) 134 Accommodation party, definition of . . 33(1) 122 liability of . . 33(2) 122 Act, application of 6 115 commencement of 2 114 parts of 3 114 short title of . . 1 114 Act of honour. See Honour. Action, definition of 4 114 Agent, construction adopted in relation to signature of 31 (2) 121 effect of signing bill as 31 121 limitation of liability of, when he signs bill as . . 31 121 signature by procuration, notice of limited authority 30 121 Allonge, indorsement on, deemed to be on bill itself 37(a) 123 Alteration of bill — effect of material 69 135 what constitutes a material 69 (3) 135 when not apparent 69(1) 135 Antedating. See Bill of exchange. Assignment, bill does not operate as, of funds in the hands of the drawee 58 132 Australasia, definition of . . 4 114 Bank half-holiday . . 98 (5) 143 holiday 98 (3)-(5) 143 Banker, cheque crossed specially to . . 82 (2) 139 crossing of cheque by 83 (5)-(6) 140 crossing of cheque to 82 (2) 139 definition of 4 114 duties of, as to crossed cheques 85 140 protection to collecting banker of crossed cheque 88 141 protection to, paying on forged indorsement . . 65 134 protection to, where cheque crossed . . 86 141 revocation of authority of, to pay cheque 81 139 rights of, as regards stale cheque 80 139 Bankrupt, definition of 4 114 protesting of biU when acceptor becomes 56 (5) 131 Bankruptcy, application of rules of . . 5(1) 115 Bearer, definition of 4 114 bill payable to 13(3) 117 how negotiated 36 (2) 122 where only or last indorsement is an indorse- ment in blank 13 (3) 117 where payee fictitious person 12(3) 116 Bill of exchange, acceptance of 22-24 119 See also Acceptance. acceptor not liable unless he signs 28 121 See also Acceptor. accommodation, parties to . . 33 122 alteration of. See Alteration of Bill. antedating of 18(2) 118 application of rules of bankruptcy to 5(1) 115 application of rules of common law to 5(2) 115 application of State Acts to 7 115 cancellation of or of signature to 68 134 capacitj' of parties . . 27 120 corapletj'on of stamped paper as 25 119 computation of time of payment 19 118 consideration for. See Consideration. Index to Acts. 1U93 Bills of Exchange Act 1909 — continued. Bill of exchange, corporation, capacity of damages against parties to, in case of dishonour date of . . acceptance antedating due date . . indorsement omission of post-dating definition of delivery of. See Delivery, discharge of. See Discharge, discrepancy as to amount in dishonour of. See Dishonour, does not operate as an assignment of funds in hands of drawee drawee. See Drawee, drawees of, who may be drawer. See Drawer, drawn in a set. See Set, bill drawn in. effect of accepting or indorsing when overdue . . where drawer and drawee same person where drawee a fictitious person where drawee person not having capacity to contract forged signature to holder. See Holder, holder in due course of. See Holder in due indorsement. See Indorsement. indorser. See Indorser. instrument expressed as payable on a contingency, not a . . instrument when not a interest on. See Interest, liability of acceptor. See Acceptor, material particulars in, authority to fill up negotiability of continuance of negotiable, payable to order or bearer negotiation of back to drawer, prior indorser or acceptor presumption as to time of when bUl overdue noting of. See Noting, omission of date, effect of . . order to pay out of a particular fund not uncon ditional . . order, unconditional when not qualified overdue, negotiable subject to defects parties to . . payable at a determinable future time payable at a fixed period after date, computation of time in case of payable at a fixed period after date, omission of date in . . payable at a fixed period after sight, computation of time in case of payable on demand when deemed to be over due to bearer . . how negotiated Section. 27 62 17, 18 18(1) 18 19 18(1) 8 (4), 17 18 8 14(2) 58 11(2) 15(2) 10(2) 10(2) 10(2) 29 16 8 (2), 11 (2) 25 (2) 13(1) 41 (1) 13(2) 36 42 41 (4) 41 (2) 8 (4) 8(3) 8(3) 41 (2) 10 16 19(6) 17 19(c) 15 41 (3) 13(3) 36 (2) Page. 120 133 117, 118 118 118 118 118 116,117 118 115 117 132 116 117 116 116 116 121 117 116 120 116 124 117 122 124 124 124 116 116 116 124 116 117 118 117 118 117 124 117 122 1094 Index to Acts. Bills of Exchange Act 1909 — continued. Hill of exchnnge, payable to order, how negotiated to order of specified person, effect of . . See also Payee, payment. See Payment. person signing, deemed party thereto for value as agent or in representative capacity otherwise than as drawer incurs liability as indorser. . post-dating of presentment of, for acceptance. See Acceptance, presentment for. for payment. See Payment, presentment for. protest in case of lost, destroyed or wrongly detained protesting of. See Protest, restrictive indorsement. See Indorsement. rights and powers of holder under stipulations by drawer or indorser in sum certain, what amounts to sum payable when expressed both in words and figures . . time of payment, computation of title of person who negotiates, when deemed defective transferor by delivery. See Transferor by livery, unauthorized signature to . . validity not affected by certain omissions value given for, omission of when holder may treat, as an inland bill as a promissory note when not negotiable Business day, what is Cancellation of bill by cancellation of signature of party unintentional or by mistake or without authority Cheques, application of rules of bankruptcy to of rules of common law to of State Acts to to, of provisions relating to bills payable on demand crossed, duties of banker as to effect of words " not negotiable " on holder general and special crossing protection to banker and drawer protection to collecting banker crossing a material part of crossing by drawer or after issue definition of delay in presentment, effect of presentment of, for payment revocation of banker's authority to pay stale, banker may refuse payment of stale, definition of . . Christmas Day, non- business day Common law, application of rules of . . Conflict of laws — calculation of exchange determination of due date of bill duties of holder interpretation . . 36(3) 13(5) 35 31 61 18(2) 66(8) 43(1) 21 14(1) 14(2) 19 34(2) 29 8(4) 8(4) 9(2) 10(2) 13(1) 98 68(1) 68 (2) 68 (3) 5(1) 5(2) 7 78(2) 85 87 82 86 88 84 83 78 79 79 81 81(1) 80 (2) 98 (3) 6(2) 77(d) 77(e) 77(c) 77(6) 122 121 133 118 131 124 118 117 117 118 122 121 116 116 116 116 116 143 135 135 135 115 115 115 139 140 141 139 141 141 140 140 138 139 139 139 139 139 143 115 138 138 138 138 Index to Acts. 1095 Bills of Exchange Act 1909 — continued. Conflict of laws — continued. rules in case of validity as affected by stamp duty validity of bill as regards requisites in form Consideration, illegal what amounts to See also Value. Contingency, instrument made payable on a, is not a bill Corporation, capacity of, to incur liability as party to bill drawing or indorsing bill by, when without capacity signature of, to bUl Damages, measure of, in case of dishonoured bill Date, ante-dating and post-dating determination of due, when bill drawn in one country and payable in another in bill, deemed true date of drawing, &c. insertion of wrong, by mistake omission of, in bill Days of grace Delivery, bUl payable to bearer negotiated by . . conditional or for special purpose only contract on bill incomplete and recoverable until definition of presumption when bill not in possession of drawer acceptor, or indorser requisites of valid, presumed, when bill in hands of holder in due course . . Demand, bill payable on when deemed overdue Discharge, acceptor being or becoming holder of bill at or after maturity effects by express waiver by payment in due course. . drawer and indorser how far discharged when bill not presented within reasonable time of accommodation bill of bUl drawn in a set of party by cancellation of his signature on paying holder with defective title when bill paid by drawer or indorser Dishonour, acceptor liable without notice of by non-acceptance by non-payment effect of taking with notice of, when bill not over due . . excuses for delay in giving notice of measure of damages in case of notice of, and effect of non-notice rules as to when dispensed with Dividend warrants, provisions as to crossed cheque apply to validity of usage relating to, Act does not affect . . Drawee, acceptance by, requisites of subsequent to dishonour by non-accep tance when irrevocable See also Acceptance, funds in hands of, bill does not operate as assignment of naming of, in bill . . not liable on bill if he does not accept Section. 77 77(a) 77(a) 34(2) 32 16 27(1) 27 (2) 97 (2) 62 18 77 (e) 18 17 17 19 36 (2) 26 (2) (b) 26(1) 4 26 (3) 26 (2) 26 (2) 15 41(3) 66 67 64(1) 45 (2) 64(3) 76(6) 68 43(2) 64 (2) 57(3) 47, 48 52 41 (5) 55 62 53 54 55 101 (1) 101 (2) 22(2) 23 (2) 26(1) 58 11 58 Page. 138 138 138 122 121 117 120 121 143 133 118 138 118 117 117 118 122 120 120 114 120 120 120 117 124 134 134 134 125 134 137 135 125 134 132 126 128 124 130 133 128 128 130 143 143 119 119 120 132 116 132 iOlH) Index to Ads. Bills of Exchange Act 1909 — continued. Drawee, signature of, to acceptance witliout additional words suf- ficient . . subsequent acceptance by, after dishonour of sight bill when drawer same person as Drawees, wlio may be Drawer, contract of, incomplete and revocable until delivery of bill corporation as delivery by, when presumed discharge of, when bill not presented or negotiated within reasonable time when bill not duly presented for payment. . inland bill, noting or protesting of, not necessary to preserve recourse against . . liability of, by drawing bill . . lost bill, may be compelled to give duplicate . . may insert name of referee in case of need negotiation of bill back to . . not liable unless he signs bill qualified acceptance, when deemed to have been assented to by . . rights of, when bill paid by . . signature of, to bill essential to liability as agent stipulation as to liability by . . unauthorized qualified acceptance may discharge when drawee same person as when notice of dishonour is dispensed with as regards . . See also Need, in case of. Drawer of cheque, crossing of by protection to, where cheque crossed See also Cheques. Duress. See Fraud. Duty stamp Exchange, determination of rate of, for a bill drawn out of, but pay- able in, Australia Firm, signature of . . Force and fear. See Fraud. Foreign bill, accepted as to part must be protested as to balance . . definition of . . protesting of, for dishonour See also Protest. Forgery, effect of, on bill Fraud, &c., effect of, on burden of proof on title to bill Good faith, definition of . . negotiation of bill in breach of . . Good Friday, non-business day Holder, authority of, to fill up omissions in bill belief of, that bill will be dishonoured does not excuse presentment bill, when paid, must be delivered up by cancellation of bill by consequences of refusing to receive payment supra protest definition of duties of, as regards presentment for payment . . express waiver of bill by general duties of . . time for presentment or negotiation by, in case of sight bill in due course. See Holder in due course, liable to payer for honour in damages for non-delivery of bill and protest of cheque. See Holder of cheque. 125 126 56(1) 131 60(1) 132 74 137 20 118 42 124 28 121 49(3) 64 (2) 28 31(1) 21 49 (2) 10(2) 55 (2) 83 86 25 (4), 77 77 (i) 28 (6) 49 (2) 9 66 29 35 (2) 34(2) 96 34(2) 98 (3) 25 (2) (3) 46(3) 57(4) 68(1) 73 (7) 4 57(4) 67 44-57 45 73 (6) 126 134 121 121 118 126 116 130 140 140 120, 138 138 121 126 116 131 121 122 122 142 122 143 120 126 132 135 137 114 132 134 126-132 125 137 Index to Acts. 10(K Section. Page. Bills of Exchange Act 1909 — continued. Holder of office may be payee of bill. . 12 (2) 116 presentment to acceptor supra protest . 72 (1) 136 when bill contains a reference in case of neec I 1 72(1) 136 qualified acceptance, may refuse to take 4!) (1) 126 renunciation by, of liabilities of any party to bill 67 (3) 135 rights of . . 43 124 in case of acceptance after dishonour of sight bill 23 (2) 119 recourse against drawer or indorser in case of dishonour by non-payment 52 (2) 128 to insert true date in undated bill or acceptance 3 17 117 to sue on bill in own name ■ ; 43 (l)(a) 124 to duplicate of lost bill 74 137 when bill indorsed by person having no capacit Y 27 (2) 121 when deriving title through holder in due course 5 i 34 122 when holder in due course holds free from defe ct of title of prior parties 43(1) 124 when drawee subsequently accepts 23 (2) 119 title and rights of transferee of bill from 36 (4) 123 validity of completed bill in the hands of 25 (3) 120 when bill may be treated as inland bill by 9(2) 116 when called a " transferor by delivery " 63 (1) 133 when deemed holder for value . 32 (2), (3) 122 with defective title, right to give good title 43 (2) 125 valid discharge ■ 43 (2) (b) 125 Holder in due course, definition of . . 34 122 presumption as to 35 (2) 122 Holder of cheque, crossing of by 83 140 See also Cheques. Holiday. See Bank holiday. Honour, acceptance for. See Acceptance for honour. Inchoate instruments, authority to complete . . 25 119 Indemnity, right to, on obtaining duplicate of lost bill . . 74, 75 137 Indorsee, provisions relating to payee apply to indorsee under speci al indorsement 39(3) 123 rights of, under restrictive indorsement 40 (2) 124 Indorsement, agent's 36(5) 123 blank, effect of 39 (1) 123 blank, holder may convert into special indorsement 39(4) 123 conditional 38 123 corporation having no capacity . . 27 (2) 121 date of 18(1) 118 definition of . . 4 114 how effected when payable to order of two or mo re persons 37 (c) 123 infant's 27 (2) 121 mistake in name 37 {d) 123 must be of entire bill . . 37 (6) 123 order of, when two or more indorsements 37 (e) 123 presumption as to time of, when undated 41 (4) 124 requisites of valid 37 123 restrictive, nature and effect of . . 40 124 rights of indorsee under 40 (2) 124 rights and liabilities of subsequent in- dorsees . • 40 (3) 124 signature of indorser sufficient 37 (a) 123 special, effect of 37 (/). 123, 39 (2) 123 provisions of Act relating to payee apply to indorsee under 39 (3) 123 terms of, may negative personal liability of represent a- tive 36(5) 123 transferee entitled to . . 36 122 where written on allonge or copy deemed written c )n bUl .. 37 (a) 123 lOUS Index to Acts. Bills of Exchange Act 1909 — continued. Indoreer, contract of, incomplete until delivery of bill . . corporation as . . delivery by, wlien prcsuincd discharge of, if bill not duly presented for payment discharge ot, when sight bill not piesented or negotiated within reasonable time . . inland bill, noting or protesting of, not necessary to pre servo recourse against liability of, by indorsing bill may insert name of referee in case of need negotiation of bill back to prior not liable unless he signs . . of promissory note. See Indorser of promissory note, person signing bill otherwise than as drawer or acceptor incurs liability as qualified acceptance, when deemed to have been assented to by rights of, when bill paid by signature of indorser of bill essential to liability signature of, as agent stipulations as to liability . . unauthorized qualified acceptance may discharge when notice of dishonour is dispensed with as regards Indorser of promissory note, presentment necessary to make liable Infant, bill drawn or indorsed by, without capacity Inland bill, definition of holder may treat bill as, unless contrary appears on face . . noting of, for non-acceptance or non-pajonent noting or protesting of, not necessary to preserve recourse against drawer or indorser Interest, date from which it runs time from which calculated in case of dishonour when withheld in case of damages Issue, definition of . . Joint and several note. See Promissory note. Law merchant, application of, to bUls, cheques, and notes Lien, holder of bill having, deemed holder for value Lost bill, action on indemnity in case of protest on copy of right of holder to duplicate Minor, bill drawn or indorsed by Misdescription or misspelling in payee's or indorsee's name Money, bill must be payable in Month, meaning of, in bill . . Need, in case of, drawer or indorser may insert name of person bill as referee option of holder of bill to resort to referee Negotiation of bill. See Bill of exchange. Non-acceptance. See Acceptance : Dishonour. Non-business days, what days are Non-payment. See Payment : Dishonour. Not negotiable cheques Note, definition of . . See also Promissory note. Notice of dishonour. See Dishonour. Noting, excuse for delay in . . for what purposes equivalent to protest in case of dishonoured bill time for See also Protest. Order, bill payable to Section. 26(1) 27 26 (3) 50 45 56(1) 60 (2) 20 42 28 61 49(3) 64 (2) 28 31 (1) 21 49 (2) 55 (2) {d) 93 (2) (3) 27 (2) 9 9(2) 56 56(1) 14(3) 62 (a) 62 (c) 4 5(2) 32(3) 75 74, 76 66 (8) 74 27 (2) 37(d) 8(1) 19 20 20 98 82-87 4 56 (9) 99 56(1) 66 (4) 13 (3) Pftg«. 120 120 120 120 125 131 133 118 124 121 133 126 134 121 121 118 126 130 142 121 116 116 131 131 117 133 133 114 115 122 137 137 131 137 121 123 115 118 118 118 143 139-141 131 143 131 131 117 Index to Acts. 1U9U Bills of Exchange Act 1909 — continued. Order, bill payable to, how negotiated . . . . . . 36 (3) of specified person, effect of . . . . 13 (5) transfer of, without indorsement, effect of 36 (4) when a bill is payable to . . . . . . . . j 13 (4) See also Bill of exchange. Overdue bill, negotiable subject to defects . . . . . . 41 (2) Particular fund, order to pay out of . . . . . . . . 8 (3) Parties, capacit}' of, to bill . . . . . . . . . . 27 where different, to bill are the same persons . . . . 10 Partners liability of, when bill signed in name of firm . . . . 28 (6) Parts of a set. See Set, bill drawn in. Payee, indorsement by, when wrongly described in bill . . 37 (d) when fictitious person . . . . . . . . 12 (3) when to be indicated with reasonable certainty . . 12 (1) who may be . . . . . . . . . . 12 Payment, computation of time of . . . . . . . . 19 presentment for. by whom made . . , . . . 50 (2) delay in, excused under certain circum- stances . . . . . . 44 (4) duties of holder regarding . . . . 60 (2) excuses as to delay or non-presentment for .. .. .. .. 51 not necessary to render acceptor liable when bill accepted generally . , 57 (1) . place of . . . . . . 50 (2) qualified acceptance requiring . . 57 (2) rules as to . . . . . . 50 time for . . . . . . . . 50 (2) when dispensed with . . . . 51 (2) when drawee is dead . . . . 50 (2) when not necessary . . . . 47 (2) Payment for honour, discharge of parties in case of . . . , 73 (5) holder's refusal to receive, effect of . . 73 (7) requisites of . . . . . . . . 73 (3) (4) rights of payer . . . . . . . . 73 (6) who may pay .. .. .. .. 73(1) (2) Payment in due course, definition of . . . . . . . . 64 ( 1 ) Person, definition of . . . . . . . . . , 4 Post-dating. See Bill of exchange : Date. Post office, presentment through, when sufficient .. . . 50 (2) (A) Presentment for acceptance. See Acceptance, presentment for. Presentment for payment. See Payment, presentment for. Principal, construction adopted in relation to signature of . . 31 (2) Procuration signatures. See Signature. Promissory note, application of law merchant to . . . . i 5(1) provisions relating to bUls of ex- change to . . . . . . 95 rules of bankruptcy to . . . . 5(1) rules of common law to . . 6 (2) State Acts to . . . , 7 definition of . . . . . . .1 89 delivery necessary to complete . . . . 90 foreign, protest unnecessary when dishonoured 95 (4) foreign, what is a . . . . . . . . ' 89 (4) indorsed, must be presented for payment within reasonable time when payable on demand . . 92 indorser of. See Indorser of promissory note, inland, definition of . . . . . . 89 (4) joint and several . . . . . . . . 91 liability of maker . . . . . . . . 94 presentment necessary when particular place stated . . . . . . . . . . 93 presentment to charge indorser . . . . 92 ( 1 ), 93 (2)' Page. 122 117 123 117 124 116 120 116 121 123 116 116 116 118 126 125 126 127 132 126 132 126 126 128 126 126 136 137 136 137 136 134 lU 126 121 115 142 115 115 115 141 141 142 141 141 141 141 142 142 141, 142 1100 Index to Acts. Bills of Exchange Act 1909 — continued. Promissory note, presentment to charge maker Proof, burden of, in case of fraud Protest, acceptor liable without bill dishonoured by acceptor for honour must be pro tested . . excuses for delay in making for what purpose noting equivalent to form of, for householder lost or destroyed or detained bill, how made in ease of necessary for foreign bill dishonoured foreign note dishonoured not necessary for inland bill dishonoured not necessary in case of inland bill to preserve recourse against drawer or indorser place of . . requisites of when notary not accessible . . Public holiday. See Bank holiday. Referee in case of need. See Need, in case of. Restrictive indorsement. See Indorsement. Rights of holder. See Holder. Seal. See Signature. Set, bill drawn in . . acceptance of discharge of . . . . . . ... indorsement of parts of, separately negotiation of parts of, to two or more holders payment of, without delivery of part bearing acceptance rules as to true owner of, when parts negotiated to different persons . . whole set one bill . . Signature, agent's liability for by procuration construction in determining corporation's essential to liability under bill firm's forged or unauthorized, effect of on blank stamped paper, conversion of, into bill person's . . ratification of unauthorized Special indorsement. See Indorsement. Stale cheque, rights of banker as regards what is a State Acts, non-application of Sum payable, definition of . . where discrepancy in bill as to amount Sunday, bill bearing date on a effects of notice of dishonour on non-business day Time, computation of, in relation to payment presentment, notice, &c. Title, when deemed defective Transferor by delivery, non-liability of warranty by, to transferee who is Valuable consideration. See Value. Value, definition of holder of bUl when deemed to be holder for presumption as to what may constitute . . "'-itten, definition of Section. 93(1) 35(2) 67 72(4) 56(9) 99 100 (2) 56 (8) 56 (2) 95 (4) 56(1) 56(1) 56 (6) 56(7) 100 76 76(4) 76(6) 76(2) 76(3) 76(5) 76 76 (3) 76(1) 31 (1) 30 31 (2) 97 (2) 28 28 (6) 29 25 97 (1) 29 80 80 7 14(1) 14(2) 18(2) 41 (5) 98 (3) 19, 98 98 34 63 (2) 63 (3) 63(1) Page. 4 114 32 (2) (3) 121,122 35 122 32 121 4 114 142 122 132 136 131 143 143 I'M 131 142 131 131 131 131 143 137 137 137 137 137 137 137 137 137 121 121 121 143 121 121 121 119 142 121 139 139 115 117 117 118 124 143 118,143 143 122 133 134 133 Index to Acts. 1101 Bounties Act 1907. Aboriginals, employment of, not to prejudice claim for bounty . Aiding and abetting offences Appropriation of moneys for bounties Bounties, amounts which may be expended for, yearly . . amounts which may be exy)ended for, up to certain dates appropriation of moneys for conditions in relation to . . goods on which payable improperly obtaining payable only to growers or producers rates of withholding of, where standard wages not paid Claim for bounty to be made within prescribed period . . Coloured person, employment of, not to prejudice claim for bounty, where born in Australia and having one white parent Goods for bounty — kinds of must, if manufactured, be made from Australian products must have been grown or produced within prescribed periods must have been grown or produced by white labour owner, &c., of land, &c., on which grown or produced deemed to be employed in production of quality and quantity of . . wages paid for labour employed in growth or production of Grower or producer, bounties payable only to . . claim by, for bounty to state wages paid for labour employed growing or producing goods Manufactured goods to be made from Australian products Manufacturer, bounties not payable to deemed producer in certain cases Offences against Act aiding and abetting Producer, grower or, bounties payable only to . . claim by, for bounty manufacturer deemed to be producer in certain cases to state wages paid for labour in growing or producing goods Regulations, power to make Wages, grower or producer to state rate of, paid in growth or pro duction of goods . . bounty may be withheld if less than standard rate paid White labour, goods for bounty must have been grown or produced by BOUNTIES. See also Mantjfactukes Encoxiragement Act 1908: Shale Oils Bounties Act 1910: SuGAii Bounty Act 1905-1910. BRITISH NEW GUINEA. See Papua. Page. 4 8 2 3 (5) 3(6) 2 3 (3), 4 3(1) 7 3(2) 3 (4) 6 3(3) 3(1) 3(1) 3(3) 3 (1), 4 (c) 5 4 6 3(2) 3(3) 6 (1) (2) (2) 7 8 (2) (3) 3(2) 6 6 3 (1), 4 (c) 147 148 146 147 147 146 147 146 148 147 147 148 147 147 146 146 147 146, 147 147 147 148 147 147 148 146 147 147 148 148 147 147 147 148 148 148 148 146, 147 11(12 Index to Acts. Section. Page. Census and Statistics Act 1905 Agriculture, statistics of If) 163 Answers, false, penalty for . . 26 164 Apartments, dwelling let, sub-let, or held in different . . 10(2) 162 Arranf,'enients with State Governments in relation to the census and statistics 6 161 Banking, statistics of 16 1G3 Census, appointment of day for taking 8 162 householder's schedule for purposes of 10, 14 162, 163 information for purposes of . . 14, 15 163 Statistician to take steps for collection of 9 162 when to be taken 8 162 Collector, duty of, to assist occupier to fill up householder's schedule 13 162 questions by, for census purposes, to be answered 14 163 Commissioner for affidavits, definition of 3 160 Commonwealth Statistician. See Statistician. Dairying industry, statistics of 16 163 Dwelling, definition of 3 160 part of, when deemed dwelUng-house 10(2) 162 particulars of persons absent from, on night of Census day 15 163 Employment and non-employment, statistics of 16 163 Entry, powers of , . 19(1) 164 Factories, statistics of 16 163 Factory, definition of 3 160 False statements in form or document, penalty for making 26 164 Finance, statistics of 16 163 Forgery of forms or documents 25 164 Horticulture, statistics of . . 16 163 Householder's schedule, Collector to assist occupier to fill up 13 162 duty of persons to supply information to Collector required for purposes of 14 163 occupier to fill up, sign, and deliver to Collector . . 11 162 particulars to be specified in . . 12 262 to be left at all dwellings 10 162 Imports and exports, statistics of . . 16 163 Inspection, powers of 19(1) 164 Insurance, statistics of 16 163 Inter-State trade, statistics of 16 163 Land tenure and occupancy, statistics of 16 163 Mining, statistics of 16 163 Obstructing officer . . 19 164 Occupier, definition of 3 160 householder's schedule to be filled up, signed, and delivered to Collector by . . 11 162 Officer, declaration of secrecy by 7 161 desertion from duty by 22 164 making of untrue document or form by 23 164 questions asked by, to be answered 18 163 secrecy to be observed by . . 24 164 State, execution of powers and duties under Act by 6 161 Pastoral mdustry, statistics of 16 163 Population, statistics of 16 163 Postal and telegraphic matters, statistics of . . 16 163 Prosecution, consent of Minister necessary for institution of, in certain cases 18 163 Publication of statistics 20 164 Railways, statistics of 16 163 Regulations, power to make. . 27 165 Religion, person not bound to state . . 21 164 Shipping, statistics of 16 163 States, arrangements with, as to the Census and statistics 6 161 officers of, execution of powers and duties under Act by . . 6(2) 161 Statistician, appointment of 4 161 collection of statistics by . . 16 163 Index to Acts. 1 1 03 Section. Page. Census and Statistics Act 1905 — continued. Statistician, definition of . . 3 160 delegation of powers of . . 5 161 observations of, on statistics prepared for publication, to be laid before Parliament 20 (2) 164 particulars of persons absent from dwellings on night of Census day to be furnished to . . 15 163 persons required by, to supply particulars of statistics 17 163 powers and duties of , . 4 161 powers of, in relation to inspection of premises, &c. . . 19 164 publication of statistics by 20 164 questions by, necessary for statistical information, to be answered . . 18 163 steps to be taken by, for collection of the Census 9 162 Statistics, abstracts of, prepared for publication, to be laid before Parliament 20 164 collection of, by State Departments, arrangements for . . 6 161 forms to be filled up and particulars furnished for pur- poses of 17 163 nature of, to be collected by Statistician 16 163 publication of, by Statistician 20(1) 164 questions in relation to, to be answered 18 163 Tramway statistics 16 163 Transport statistics . . 16 163 Vital, social, and industrial statistics 16 163 Viticultural statistics 16 163 Coinage Act 1909. Australian coins, calling in of 8 (1) («) 174 definition of 2 173 denominations of . . 4 173 dimensions of, and designs for 8 (1) (a) 174 issue of . . 4 173 least current weights of 5 (2) (6), 173, 8 (1) {d) 174 legal tender in 5 173 powers of Governor-General in relation to 8 remedy allowance in the making of . . 4 (3), 8 (1) (c) 173, 174 standard weights and fineness of 3, 4, 173, 8(1) (6) 174 British coins, definition of . . 2 173 legal tender in 5 173 Bronze coins, legal tender in 5 173 making and issuing of 4 173 See also Australian coins. Coins, prohibition against the making or use of, other than ofiicial coins 6 174 to be considered bullion in Treasury accounts until issued 10 174 See also Australian coins : British coins : Bronze coins: Gold coins : Nickel coins : Silver coins. Contracts, money provisions in, to be in accordance with current coins, &c. 7 174 Gold coins, legal tender in . . 6 173 standard weight and fineness of certain 3 173 Governor-General, powers of, in relation to coinage 8 174 Legal tender, in gold, silver, or bronze coins . . 5 173 in coins, other than gold, silver, or bronze 8 (1) (/) 174 1104 Index to Acts. Section. Page. Coinage Act 1909 — continued. Money provisions in instrunienta to be in accordance with current coins, (fee. 7 174 Nickel coins, donoininations, weiglit, and fineness of . . 8 (I) (6) 174 making and issuing of . . 4(4) 173 Proclamations under Act, operation and effect of 8(2) 174 Regulations, power to make. . 11 174 Silver coins, legal tender in 6 173 making and issuing of . . 4 173 See also Australian coins. Trust fund, moneys in, may be invested in the purchase of bullion for coinage 9 174 Commerce (Trade Descriptions) Act 1905. Act, application of sections 7 and 1 1 of 15, 16 1034 commencement of 1 1031 incorporation of, with Customs Act 1901 . . 2 1031 short title of . . 1 1031 Aiders and abettors 18 1035 Customs Act 1901, incorporation of Act with . . 2 1031 Entry, powers of . . 5 1032 Examination of prescribed imports and exports 5 1032 Export, marking of inspected goods for 14 1034 notice of intention to 6 1032 Exports, forfeiture of, when not bearing prescribed trade description 11(2) 1033 officer may examine certain 5 1032 prescribed trade description to be applied to certain 11(1) 1033 False trade description, definition of . . 3 1031 forfeiture of imports bearing 10 1033 forfeiture of goods for export bearing 13 1034 penalty for applying to exports 12(a) 1034 penalty for exporting goods bearing 12(6) 1034 penalty for importing goods bearing 9 1033 prohibition of imports bearing . . 10 1033 prohibition of exports bearing . . 13 1034 Forfeiture of exports not bearing prescribed trade description 11 1033 imports not bearing prescribed trade description 7 1032 prohibited imports 10 1033 prohibited exports 13 1034 remission of, in certain cases 7, 1032, 10, 11, 1033, 13 1034 Qoods, examination of imported 6 1032 examination of, for export 5 1032 marking of, for export after examination 14 1034 prescribed trade description to be applied to certain imported 7, 1032, 16 1034 prescribed trade description to be applied to certain exported 11. 1033, 15 1034 trade description when deemed applied to 4 1032 Imports, examination of . . 5 1032 found in Australia without prescribed trade description applied . , 8 1033 prescribed trade description to be applied to certain 7, 1032, 15 1034 prohibited, if false trade description applied . . 10 1033 Notice of intention to export 6 1032 Offences, aiding and abetting 18 1035 Officer, definition of 3 1031 may inspect, examine, and take samples of prescribed imports and exports 6 1032 powers of entry by . . 5(3) 1032 \ Index to Acts. 1105 Section. Page. Commerce (Trade Descriptions) Act 1905 — continued. Regulations prescribing specified imports and exports to which trade description to be applied . . 7, 1032, 11 1033 commencement of, under section 7 7(4) 1033 general power to make 17 1034 Samples, officer may take, of imports and exports 5 1032 Trade description, definition of 3 1031 false. See False trade description. to be applied to certain imports 7, 1032, 8, 1033, 16 1034 to be applied to certain exports 11, 1033, 15 1034 when deemed to be applied to goods 4 1032 Trad© aecrets, protection of, from disclosure . . 16 1034 Commonwealth Bank Act 1911. Act, commencement of 2 104 parts of 3 104 short title of 1 104 Advance to Bank by Treasurer for preliminary expenses 10 105 repayment of, from Redemption Fund 30(3) 107 Affixing of seal 29 107 Agencies, establishment of . . 22 106 of Savings Bank, establishment of . . 35 108 Agent of other banks. Bank may act as 26 107 Agents of Bank 25 107 Commonwealth officers may be appointed agents of Savings Bank 52 111 Appointment of Governor . . . . 12 105 Deputy Governor 12 105 officers 16 106 Attorney of Bank, power to appoint . . 24 106 Audit of Bank by Auditor-General . . 19 106 Auditor-General to audit Bank 19 106 report on half-yearly balance-sheet 20 106 Balance-sheet to be prepared half-yearly 20 J 06 Bank, advance to, by Treasurer for preliminary expenses 10 105 audit of, by Auditor- General . . 19 106 ■ establishment of 5 104 execution of contracts by or on behalf of 31 107 general powers of . . 7 105 he:,d office of 21 106 incorporation of 6 104 management of 11 105 may act as agent of other banks 26 107 misappropriation of money or property of 62 113 not to issue bank notes 8 105 officers not to borrow from 17 106 responsibility of Commonwealth for 33 108 rules of 32 108 Savings. See Savings Bank. statements of assets, &c.,to besuppliedtoTreasurerquarterly 18 106 the, definition of 4 104 Books, falsification of 61 113 Branches, establishment of 22 106 for Savings Bank business, establishment of . . 35 108 Business, Bank may carry on 27 107 Calculation of interest on Sa^nngs Bank deposits 39 109 ]10() Index to Acts. 1 Section. Page. Commonwealth Bank Act 1911— continued. Capitiil of Biuik . . 9 105 Corainonweiilth debts, redemption of, from Itedemption Fund . . 30(3) 107 guar.intoeof payment of debentures issued by Hunk 66 112 ofticers may be appointed agents of Savings Bank 52 HI responsibility of, for Bank 33 108 Consolidated Revenue Fund appropriated for advances to Bank by Treasurer . . 10 105 payment of deben- tures issued by Bank 56 112 Contracts, execution of, by or on behalf of Bank 31 107 Custody of seal 28 107 Debentures of Bank, form of 54 111 interest on . . 55 111 issue of 53 111 negotLibility of 57 112 payment of, guaranteed by Common\\ ealth 50 112 period of 55 111 redemption of 30 (3), 55 107,111 sale of 58 112 Definitions 4 104 Deposits in Savings Bank by societies 48 110 by trustees 43 109 calculation of interest on . . 39 109 deposit-books to be produced annually for inspection . . 50 110 infant may make 41 109 Interest may be allowed on 38 109 married women's 42 109 notice of withdrawal of . . 40 109 payments out, on death of depositor 44-46 109-110 receipt of 36 108 to be made at oflSce during hours of business 37 109 trading companies not to make 49 110 unclaimed 51 111 Depositor in Savings Bank, insanity or incapacity of, payments out, in case of 47 110 notice of withdrawal by . . 40 109 payment on death of illegitimate. dying intestate 46 110 payment out, of deposits not exceeding £100 in case of death of 44 109 V payment out of deposits on pro- ^^ duction of probate or letters of N ' administration of deceased 45 110 to produce deposit-book annually for inspection . . 50 110 Deputy Governor, ;ippointment of . . 12 106 duties of 14 106 powers of 14 105 salary of 13 105 to exercise powers of Governor in his absence 15 106 travelling expenses of 13(1) 105 Disposal of profits 30 107 Duties of Governor and Dej^^ty Governor 14 105 Establishment of Bank 5 104 Savings Banft, 35 108 Execution of contracts by or on \ehalf of the Bank . . 31 107 Falsification of books, &c. . . 61 113 Forfeiture of forged securities, &c. i^. 60 112 Forgery of securities of the Bank 59 112 Form of debentures issued by Bank . . 54 111 Forms, unauthorized, of securities of the Bank 59 112 Index to Acts. 1107 Page. 108 105 105 106 105 105 105 104 105 106 106 104 109 110 111 109 109 Commonwealth Bank Act 1911 — continued. Funds, investment of General powers of Bank Governor, appointment of Deputy (Jovernor to exercise powers of, during absence duties of powers of salary of the, definition of travelling expenses of . . Half-yearly balance-sheet . . Head office of Bank Incorporation of Bank Infant may make deposits in Savings Bank . . Insanity or incapacity of depositor in Savings Bank Interest on debentures issued by Bank deposits in Savings Bank deposits in Savings Bank, calculation of moneys advanced by Treasurer for preliminary ex penses Investment of funds Issue of debentures by Bank London branch, establishment of Management of Bank Married women's deposits in Savings Bank MisapproprLxtion of money or property of Bank Negotiability of debentures issued by Bank . . Notes, Bank not to issue Notice of withdrawal by Savings Bank depositors Officers of Bank, appointment of not to borrow from Bank . . offences by of the Commonwealth may be appointed agents of Savings Bank .... Parliament, half-yearly balance-sheet to be presented to Parts of Act Payment on death of illegitimate depositor out of deposits not exceeding £10 in case of death of depositor under probates or letters of administration Period of debentures issued by Bank Power to appoint attorney carry on business improve property Powers, general, of Bank . . of Deputy Governor of Governor Profits, disposal of Property, Bank may improve Redemption Fund, establishment of of debentures issued by Bank Regulations, power to make Reserve Fund, establishment of ResponsibiUty of Commonwealth for Bank Returns of assets, &c., to be supplied to Treasurer quarterly Rules of Bank Salaries of Governor and Deputy Governor Sale of debentures issued by Bank Savings Bank business Savings Bank, establishment of Seal, affixing of . . Bank to have custody of . . Securities, forfeiture of forged forfeiture of unauthorized forms of Section. 34 7 12 15 14 14 13 4 13(1) 20 21 6 41 47 55 38 39 10(2) 105 34 108 53 111 23 106 11 105 42 109 62 113 57 112 8 105 40 109 16 106 17 106 61, 62 113 52 111 20 106 3 104 46 110 44 109 45 110 54 111 24 106 27 107 27 107 7 105 14 105 14 105 30 107 27 107 30 107 55 111 63 113 30 107 33 108 18 106 32 108 13 105 58 112 Part V. 108 35 108 29 107 6 104 28 107 60 112 60 112 1108 Index to Acts. Section. Page. Commonwealth Bank Act 1911 — continued. Securities, for>?pry of (if the U.uik, uiKiutliorizcd forinH of Socustics, (iopoHita by. in S.iviiips l^mk Stiito debts taken over by tlio Commonweultli, ndfinptimi <rc\ .'ils over Stnlc l.iw or nw.irds or orders of State indus trial iiuthority security for performance of . . special powers of C'otirt in relation to . . Beneficial interest, projjerty in whicli organization has, may be taken in execution property in wliich association forming part of organization lias, may be taken in execution Board of Reference, appointment of . . Books, Court may compel production of contents of, not to be disclosed inspection of, how far allowed penalty for refusal to jiroduce Building, &c., power to inspect Cancellation of industrial agreement, pirties thei'cto may effect by another agreement registration of organization Registrar may apply for grounds of application Court may order . . organization or person interested may apply for not to relieve organization or member from penalty or liability incurred prior to Capital city. District Registry to be situate at, in each State Common rule. Court may declare limit as to area and persons to have regard to extent of competition before declaring proceedings precedent to declaring industrial agreement, variation of, to conform with notification of proposal to declare organizations and persons on whom award binding as Common seal Commonwealth Court of Conciliation and Arbitration. See Court- Company, transfer of shares m, not affected by Act Competition, Court to have regard to, before declaring common rale Conciliation, exercise of jurisdiction of Court by, one of chief objects of Act settlement of industrial dispute by Conciliation and Arbitration, constitution of Commonwealth Court of, one of chief objects of Act organization may make industrial agreement for settlement of dis- putes by See also Court of Conciliation and Arbitration. Conciliation Committee, Court may temporarily refer matters to Conference, compulsory, President may convene who may be summoned to Consolidated Revenue Fund, penalty may be paid into, by order of Court Contempt of Court. See Court. Contribution to penalty by member of organization Costs, Court or President may award . . enforcement of order for of question of law stated for High Court Counsel, costs not to be allowed by Court for services of not to represent parties except by consent Court, " The," definition of . . Court of Conciliation and Arbitration (Commonwealth) — amendment of plaint, &c., by permission of Section. Page. 30 62 33 63 38 64 47(1) 69 47 (2) 69 40a 67 38 (s) 64 86 76 86 76 84 76 41 67 7!) 75 60(1) 72 60(1) 72 6(J(I) 72 00(1) 72 60 (1) 72 60 (4) 73 52 (2) 70 38(/) 64 38(9) 64 38(/) 64 38 (/) 64 80 76 38(/) 64 29(c) 62 58 72 71 74 38(/) 64 2 (III.) 53 23, 24 61 2 (II.) 53 73 74 34 63 16a 59 16a 59 45 69 69 74 17a, 38 (t) 59, 64 46 69 31 (3) 63 17a, 38 {i) 59,64 27 61 4 54 38a 66 Index to Acts. nil Section. Conciliation and Arbitration Act (Commonwealth) IdO^-i^ii— continued. Court of Conciliation and Arbitration (Commonwealth) — continued application of penalties may be ordered by appointment of assessors by Board of Reference by . . award of. See Award. cancellation of registration of organization by cognizance by, of industrial dispute common rule may be declared by. See Common Rule, conciliation committee, matters may be referred to, by constitution of one of chief objects of Act contempt of . . . . . . . . decisions of, to be according to equity, good conscience, and substantial merits no appeal from disabilities, imposition of, by, in addition to penalty dispute between organization and its members, power to decide duty of, to reconcile parties enforcement of penalties imposed by evidence, authority to take, on behalf of . . not bound by rules of . . See also Evidence, exercise of powers of, on own motion or application hearing of industrial dispute by. See Hearing of industrial dispute, industrial agreement. Court may vary, to bring into conformity with common rule injunction, may make order in nature of, to restrain breach of award inquiry into disputes by jurisdiction of . . Local Industrial Board, reference of dispute to mandamus, may make order in nature of, to compel compliance with award . . may give power to appoint Board of Reference may permit amendment of plaint, &c. may include in award matters not specifically claimed membership of organization may be terminated by minimum wage, power of Court as to not limited to specific relief claimed or demands made in course of dispute penalty may be paid into Consolidated Revenue by direction of places of sitting of powers of, in relation to industrial dispute powers of, to adjourn its sittings . . award costs - . . conduct proceedings in priv^ate correct, amend, or waive error or defect declare common rule direct parties to be joined or struck out dismiss or refrain from hearing certain disputes or jiarts of disputes extend any prescribed time . . fix maximum penalties for breach of order or award give directions necessary or expedient hear and deterniine dispute . . hear dispute in absence of summoned party . impose penalties for breach of order or award . limit scope and conditions of common rule make any order or award prevent contraventions of Act refer technical matters to experts M 2 46 35 40a W 19 34' 11 2 (II.) 83 25 31 (1) 60 69 23(2) 46 37 25 38 (o), 39 80 48 23(1) 18 36(1) 48 40a 38a 38b 70 40 (b) 38b 45 38 (k) 38 38 (to) 38 (i) 38 (I) 38 (q) 38(/) 38 (p) 38 (h) 38 (r) 38 (c) 38 (u) 38 (a) 38 (7) 38 (d) 38 (<7) 38 (6) 38 (e) 38 (n) Page. 69 63 67 72 60 63 58 53 76 61 62 69 74 61 69 64 61 64, 66 76 69 61 59 64 63 67 66 66 74 67 66 69 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 1112 Index to Acts. Conciliation and Arbitration Act (Commonwealth) 1904-1911 — continued. Court of Conciliation and Arbitnition (Comiuonwoalth) — continued. powers of, to sit in any place summon p.irtics and witnesses and compel pro duction of documents take evidence on oath or affirmation . . vary orders and awards, and re-open questions practice and procedure of preference of employment, powers as to . . President. See jPresident. question of law may be stated for opinion of High Court reference by, of dispute, to Local Industrial Board rules of Stixte Industrial Authority, not to deal with dispute if so d irected by . . witnesses. See Witnesses. Court of Summary Jurisdiction, adjournment of heiring of pro ceeding to another court fines, fees, levies recoverable by organization in jurisdiction of payment of penalty into Con solidated Revenue by direction of power of, to impose penalty for breach of order or award to order application of penalties Creditors, enforcement of penalties separately by Decisions of the Court not to be challenged or appealed against, reviewed, quashed, called in question, or be subject to prohibition or mandamus Defect, power of Court to amend Deputy Industrial Registrar, appointment of . . duties of included in term " Registrar " list of proclaimed organizations to be kept by . . register of organizations to be kept by See also Registrar. Deputy President, appointment of . . oath or affirmation of powers and functions of . . Directions, Court may give . . Disabilities, power of Court to impose in certain cases . . removal of See also Penalty. Discovery, orders as to Dispute, agreement in settlement of . . settlement of, by award, in default of agreement settlement of, between members and organization See also Court : Industrial dispute. District Registry, establishment of . . Deputy Registrar to have charge of office copy of award to be filed in situation of Documents, Court may compel production of . . contents of, not to be disclosed inspection of, how far allowed orders as to inspection penalty for refusal to produce Employees, associations of, entitled to registration as organizations Section. Page. 38 {k) 64 38 (s) 64 38(0 64 38(0) M 43 (1) (2) 68 40 67 31 (3) 63 36 64 43 68 20 60 89 77 68 74 89 77 45 69 44 68 45 69 46 69 31 (1) 62 38(g) 64 51 (c) 70 43 (1) (2) 68 4 54 54(2) 71 54(2) 71 14 58 15 59 14 58 38 (6) (M) 64 50 69 50 69 32 63 24(1) 61 24 (2) 61 69 74 51 (b) 70 53 71 90 77 52(2) 70 38 (5) 64 86 76 86 76 32 (a) 63 86 76 55 71' Index to Acts. 1113 Section. Page. Conciliation and Arbitration Act (Commonwealth) 1 904-1 91 1 — continued. Employees, ceasing work in service of employer 10(1) 58 proceedings for . . 10(2) 58 onus of proof in case of 10(3) 58 definition of employee 4 54 dismissal of, by employer 9(1) 57 proceedings for . . 9(2) 57 onus of proof in case of . . 9(3) 57 not to be prejudiced for membership of organization 9 57 refusal by, to accept employment under industrial agreement 7 57 Employer who has one hundred employees may register as an organization 55 71 Employers, associations of, entitled to registration as organizations 55 71 definition of employer 4 54 dismissal of employees by 9(1) 57 proceedings for . . 9(2) 57 onus of proof in case of . . 9(3) 57 not to prejudice employee for membership of organ- ization 9 57 refusal by, to offer employment under industrial agree- ment 7 57 Employment, ceasing work in 10 58 dismissal from 9 57 refusal to offer 7, 8 57 refusal to accept 7, 8 57 Entry, powers of . . 41 67 Equity, good conscience, and substantial merits. Court to act according to . . . . " 25 61 En"or, power of Court to correct 38(g) 64 Evidence, award, office copy of, to be received as 91 77 books produced in, contents of, not to be made public . . 86 76 inspection of, how far allowed 86 76 certificate by Registrar, that dispute extends beyond limits of any one State 21 60 of membership of organization 21a 60 Court may accept report of expert as . . ^. 38 (n) 04 issue order to take 37 64 take on oath or affirmation 38 [t) 64 not bound by rules of 25 61 interlocutory orders as to admissions, discovery, &c. . . 32 63 onus of proof. See Onus of proof. relating to profits or financial position, may be taken in private 85 76 not to be dis- closed 85 76 relating to trade secrets may be taken in private 85 76 not to be disclosed . . 85 76 Expenses of party or witnesses. Court may award 38 [i) 64 enforcement of . . 46 69 Expert, report of, may be accepted by Court as evidence 38 {n) 64 technical matters and matters of account may be referred to 38 (n) 64 Federal Court, penalty enforceable in any, on filing certificate 46 69 Fee for inspection of office copy of award 90 77 Fees. See Fines. Fines, payment of, by members of organizations, how enforced . . 69 74 recovery of, by organization . . 68 74 Forfeiture of privileges under Act 48 69 Gazette, Commonwealth, notification in, of proposal to make common rule 38(/) 64 Governor of State, approval of, to acceptance of appointment under Act, by Judge of State Supreme Court 82 76 II 14 ln(l(.r to Acts. Conciliation and Arbitration Act (Commonwealth) i90^A9ii— continued. Governor iii Council of State, reciuost by, to Court to dc il with dispute. . Hciiring of industrial dispute. Court not to be bound by rules of evidence Court to act according to equity, good conscience, and the substantial merits of case. . special powers as to duties of Court as to representation of parties at time, place, and mode of See also Parties. High Court, order of, for costs on question of law reserved President may state questions of law for . . Imprisonment, liability for, after order not to repeat or continue offence . . Incorporation of registered organization Industrial agreement, certificate of Registrar verifying . . continuance of, unless terminated by notice definition of . . dismissal of employee because entitled to benefit of . . duplicate to be filed in ofiice of Registrar and organization afiected open for inspection employee ceasing work by reason of em- ploj'er beint; entitled to benefit of enforcement of form of making or enforcing of, one of chief objects nf Act members of organization parties to, bound by organization may make, with another organi- zation parties to, bound by . . penalty for breach of . . recovery of persons on whom binding proceeding under, not to affect person not bound by . . refusing to offer or accept employment under resci'?sion or variation of term of . . . . . . . . termination of variation of, to conform with common rule Industrial authority, (State), request by, to Court to deal with dispute . . Industrial dispute, award in settlement of. See Award, certificate of Registrar as to chief object of Act in relation to conditions of submission of, to Court by organi- zation . . Court in settling, not limited to relief claimed, or demands made in the dispute . . Court to have cognizance of — if certified to by Registrar if referred by Governor or State Industrial Authority . . if referred by President after compulsory conference . . if submitted by organization Section. Pago. 19(c) m 25 61 25 61 38 64 23.24 61 27 61 32(o), 38(A;) 63, 64 31(3) 63 31 62 5 56 58 72 76 75 81 70 4 54 9 57 76 75 76 75 10 58 78 75 75 75 2 (vn.) 54 77(6) 75 73 74 77(a) 75 78 75 78 75 77 75 74 75 7 57 79 75 75 75 91 77 80 76 19(c) 60 21 60 2 53 22 60 38b 66 19(a) 60 19(c) 60 19 {d) 60 19(6) 60 Index to Acts. 1115 Conciliation and Arbitration Act (Commonwealth) 1904-191 1 — continued. Industrial dispute, — continued. Court nay direct State Industrial Authority not to deal with Court may dismiss or refrain from hearing dispute, or part of dispute, in certain cases Court may issue order to take evidence in rela- tion to Court to determine, by award, in absence of amicable agreement definition of hearing of. See Hearing of industrial dispute. inquiry by Court into interlocutory proceedings jurisdiction of Court, to prevent and settle organization represented at hearing of, deemed party to . . right of, to be represented at hearing right of, to submit dispute to Court parties. See Parties, reconciliation of parties reference of, to Local Industrial Board resignation of members of organization pro- hibited, pending settlement of, by conciliation submission of, to Court, by organizations Industrial matters, definition of Industrial Registrar, appointment of duties of included in term Registrar to keep register of all registered organizations and list of proclaimed organizations See also Registrar. Industry, definition of Inj unction. Court may make an order in nature of, to restrain breach of order or award Inspection, duplicate of industrial agreement to be open to obstruction of . . of books and documents produced in Court, how far allowed of office copy of award . . orders of President for, of documents of real and personal property powers of Interlocutory proceedings Interpretation of terms Interrogatories, orders as to Irregularity, Court may waive Judge of State Supreme Court, appointment of, as Deputy Presi- dent approval of State Governor to appointment of, required not bound tp accept appoint- ment under Act Jurisdiction of Court of President of State Court or magistrate Legal forms. Court not to regard, in hearing of industrial dispute Levies. See Fines. Local Industrial Board, constitution of Court may make award on report of 20 60 38 [h) 64 37 64 24(2) 61 4 54 23(1) 61 32 (a) 63 18 59 26 61 65 (&) 73 65 (a) 73 23 (2) 61 36 64 61 73 23, 24 61 19(&) 60 4 54 51(c) 70 43(1) (2) 68 4 54 54(1) 71 4 54 48 69 76 75 42 68 86 76 90 77 32(a) ' 63 32 (a) 63 41 67 32 63 4 54 32 63 38 [q) 64 14 58 82 76 82 76 18 59 16, 17 59 89 77 25 61 36 64 36 (2) 1 64 IIIG Index to Ads. Section. Page. Conciliation and Arbitration Act (Commonwealth) 1904 1911 conLlnucd. Locftl Indiistrifil Board, rcforonco of dispute to 36 (1) 64 Lock-out, delinition of 4 64 omiiloycr, bound by industrial agreement, refusing to ollor cm|)loyniont doomed guilty of 7 57 one of cliiof objects of Act to ])revent 2(1.) 53 organization directing its members to refuse to offer employment, deemed guilty of 8 57 penalty for doing anything in the nature of . . 6 (1) 57 continuing 0(1) 57 proceedings for, not to be instituted without leave of President 6(2) 57 onus of proof in case of 6(3) 57 Magistrate, jurisdiction of, extended for purposes of Act 89 77 Mandamus, Court may make order in nature of, to enforce order or award 48 69 not to lie ug linst u wards or orders of Court 31(1) 62 Members of organization, award binding organization binding on 29 (d) 62 Court may order persons to cease to be 70 74 disabilities that may be imposed on, for breach of Act or award 50 69 disputes between, and organization 69 74 fines, fees, &c., may be recovered from 3S 74 liability of, if property of organization insufficient to satisfy process 47(3) 69 may sue for and recover penalty for breach of order or award . . 44 (2) (6) 68 resignation or discharge of, prohibited pending dispute . . 61 73 return of, to be furnished 72 74 See also Organization. Mine, power to inspect 41 67 Minimum wage, Court may prescribe . . 40 th) 67 Court may make provision for fixing lower rates for employees unable to earn 40 (6) 67 Notice, industrial agreement, continuance in absence of 81 76 in Gazette, of proposal to declare common rule . . 38(/) 64 service of . . 66 74 Oath, affirmation or. Court may take evidence on 38 (/) 64 of office of President or Deputy President . , 15 59 See also Evidence. Objects, chief, of Act 2 63 constitution of the Commonwealth Court of Conciliation and Arbitration . . 2 (II.) 53 encouragement of organization of repre- sentative bodies of employers and of em- ployees 2 (VI.) 54 exercise of jurisdiction of the Court by con- ciliation 2 (III.) 63 exercise of jurisdiction of the Court by equit- able award . . 2 (IV.) 54 making and enforcing of industrial agree- ments 2 (VII.) 64 prevention of lock-outs and strikes 2 (I.) 63 reference of industrial disputes to the Court by States 2(v.) 54 submission of industrial disputes to the Court by organizations 2 (VI.) 64 working of the Court and State Industrial Authorities in aid of each other 2 (V.) 54 Obstructing President or person exercising power of inspection . . 42 68 Offence, aiding and abetting 87 77 attempt to commit 88 77 Index to Acts. 1117 Conciliation and Arbitration Act ( Commonwealth) 1 904- 1 91 1 — continued. Offence, counseUing or procuring penalty for, when repeated or continued contrary to order when suspected, premises may be inspected Onus of proof in case of lock-out or strike dismissal of employee ceasing of work by employee Order, mandamus or injunction to enforce penalty for wilful non- compliance with . . maximum penalty for breach of not to be ch^Jlenged in ;.ny other Court power of Court to make, &c. . . special penalties for breach of variation of, on application of party affected Organization, association may be registered as award binding on certain cancellation of registration of . . certificate of registration of common seal of contributions to, by members, limitation of amount of., definition of disabilities that may be imposed on members for con- travention of Act or award disputes with members, how decided employee not to be dismissed because he is an officer or member of not to cease work because employer is an officer or member of employer h.iving one hundred employees may be registered as employment, order by, to its members to refuse to offer or accept fines, fees, and levies from members, recovery of, by incorporation of registered industrial agreement. See industrial agreement, industrial dispute, represented at hearing of, deemed party to . . submission of, to Court members of, liable for deficiency if property insuffi- cient to satisfy process See also Members of organization, membership of, evidence as to . . may be terminated by order of Court name of, may be changed offence by . . party to dispute, when deemed to be penalty may be paid to, by order of Court power of, to change name power of, to sue for and recover penalty for breach of order or award preference of employment to members of. See Pre- ference of employment, privileges of . . process, service of, on . . property of (real and personal), right to own and deal with process may be issued against if insufficient to satisfy process, mem- bers liable for deficiency . . what deemed to be included in protection of, against actions Section. Page. 87 77 5 56 41 67 6(3) 57 9(3) 57 10(3) 58 48 69 38 64 31(1) 62 38 64 49 69 39 66 55 (1) 71 29(c) 62 60 72 57 72 58 72 69 74 4 54 50 69 69 74 9(1) 57 10(1) 58 55 71 8 57 68 74 58 72 26 61 26 61 19 (&), 60. 65 (a) 73 47 (3) 69 2lA 60 70 74 58a 72 87 77 26 61 45 69 58a 72 44 (2) (6) 68 65 73 66 74 58 72 47(1) 69 47(3) 47 (2) 69 69 67 74 1118 Index to Acts. Section. Conciliation and Arbitration Act (Commonwealth) 1904-1911 — continued. | Or^;anizati()M, ro^istored under Act to have periwtual suc- rpssion . . . . . . • • • • registers of . . . . . . ■ ■ • • j registration of . . . . . . • • representation of, before the Court . . • • on liearing of disput<^ . . . . resignation from menibersliip of, proiiibitcd, pending disput« returns to be furnished by penalty for omitting to furnish . . riglit of, to submit industrial dis])utc to Court to be represented before Court . . security by, for performance of award services of notices and ])rocess on submission of disputes to Court by, conditions prece- dent to Organizations, register of, to be kept at Principal and District Registries . . proclaimed, lists of, to be kept at Principal and Dis- trict Registries proclamation of revocation of proclamation of . . rules, adoption of , by . . application of, by Court . . Particulars of claims of parties, orders as to . . Parties, award binding on certain conference of, may be convened by President . . Court may summon . . proceed in absence of duty of Court to reconcile financial position of, not to be disclosed industrial agreement. See Industrial agreement, interlocutory orders as to . . may be joined or struck out nomination of assessors by . . organizations represented at hearing of dispute, deemed parties . . representation of, at hearing of dispute Penalties, application of contribution to, by members of organizations disabilities in addition to . . enforcement of . . increased in case of offences repeated or continued con- trary to order . . . . . . increased in case of breach of order or award contrary to order in nature of mandamus or injunction jurisdiction of Court to fix and impose maximum recovery of Personal property. See Property. Persons award when binding on re'3;istration of, as organizations See also Preference of employment. Practice of Court . . See also Court. Preference to members of organization may be granted by Court must be granted in certain cases Premises, &c., inspection of President, appointment of . . appointment of deputy by . . . . .« 22 54 Page. 58 72 64 71 65, 67 71.72 65(6) 73 27 61 61 73 72 74 72 74 65 (a) 73 65 (a) 73 33 63 66 74 60 71 54 71 62 73 64 73 63 (1) 73 63 (2) 73 32 63 29 62 16a 59 38 (*■) 64 38 (7) 64 23 61 85, 86 76 32 63 38 (p) 64 35 63 26 61 27 61 45 69 69 74 50 69 46, 47 69 5 56 48 69 38 (c) (d) -64 38 (c) 64 44. 78 68, 75 29 62 55(1) 71 43(1) (2) 68 40(1) 67 40(2) 67 41 67 12 (1) 58 14 58 Index to Acts. 1119 Conciliation and Arbitration Act (Commonwealth) 1904-191 \-~co7itinued. President, approval of, to submission of industrial dispute to Court by an organization continuance in office of . . Court to consist of the decisions of, to be according to equity, good conscience and substantial merits . . definition of Deputy President. See Deputy President, eligibility for re-appointment jurisdiction of . . leave of, to proceed for contravention of Act in relation to strikes and lock-outs, &c. may convene compulsory conference may grant power to association to adopt rules oath, affirmation or, of office of obstruction of, in exercise of powers of inspection period of office of power of, in relation to interlocutory matters to inspection of premises, &c to require security to state case for High Court on question of law . . practice and procedure of Court and duties of officers to be as directed by President recommendation of, for proclamation of association as organization for revocation of proclamation removal of review by, of decision of Registrar salary of travelling expenses of Prevention and settlement of industrial disputes, constitution of Court for, one of chief objects of Act Principal Registry, establishment of . . Industrial Registrar to have charge of office copy of award to be filed in . . situation of Private, Court may conduct proceedings in Privileges. See Organization. Proceedings, adjournment of, to another Court Court may conduct in private interlocutory . . onus of proof in case of for contravention of Act in relation to strikes and lock-outs, &c. Process may be issued separately for enforcement of penalties issue against property of organization service of, on organization . . Proclaimed organizations. See Organizations. Proclamation of association as an organization revocation of . . Profits. See Trade secrets. Prohibition not to lie against awards or orders of Court by Court to State Industrial Authority Property, if insufficient to satisfy process, members liable for deficiency inspection of, orders as to . . may be taken in execution Page. 22 60 12(2) 58 11 58 25 61 4 54 12 (n 58 16 5J 6 (2), 9 (2), 57, 10(2) 58 16a 59 56 71 15 59 42 68 12(1) 58 32 63 41 67 11 58 31 (2) (33 43(2) 68 62 73 64 73 12(1) 58 17 59 13 58 13 58 2 (n.) 53 51 (a) 70 53 70 90 77 52 7(» 38 {h) 64 89 77 38 [l) 64 32 63 6 (3), 9 (3), 57, 10(3) 58 6 (2), 9 (2), 57, 10(2) 58 46 69 47(1) 69 66 74 62 73 64 73 31 (1) 62 20 60 47(3) 6.) 32 (o) 63 47(1) 69 112U Index to Acts. Conciliation and Arbitration Act (Commonwealth) 1904-1911 — continued. Projiertv of organization includes property of association or in wliicli .ussociition hiis beneficial interest See also Organization. Question, power of Court to re-open any Question of law, President may state for High Court . . costs of . . Real property. 8eo Organization : Property. Registered ofKoe, service of notices or process at Registrar, application by, for cancell.ition of registration of organi- zation autliority by, to person to inspect premises . . award, office copy under hand of, to be received as evidence certificate by, that dispute exists ;,nd extends beyond limits of State of, to issue to registered organization of, precedent to submission of disputes to Court by organization of, as to due making and execution of indus- trial agreement definition of disputes certified to Court by duties of leave of, to institute proceedings . . power of to sue for and recover penalty for breach of order or award President may require security to satisfaction of review decision of . . refusal by, to register association as organization to record eh mge of name of orgiinizii-tion Registration, adoption of rules for purposes of associations entitled to . . cancellation of certificate of . . conditions to entitle to . . effect of of persons having one hundred employees, as organi- zations refusal of Registry, definition of See also Principal Registry : District Registry. Regulations, power to make Relief aw;.,rded by Court not limited to that claimed, or to de- mands made in course of dispute . . Resignation of membership. See Organization. Returns, organization to furnish to Registrar . , • Rules, adoption of, by association applying for registration by proclaimed organizations alteration of, by organization, to be forwarded to Registrar . . application of, by Court, to proclaimed organizations fine, penalty, or subscription payable in pursuance of, how recovered Rules of Court, power to make presentation of, to Parliament Parliament may disallow Seal, common, registered organization to have Seat of Government, principal registry to be situated at, when established in Federal territory Security, organization may be required to give amount of Service of notices or process on organizations . . 47(2) 6!> 38 (o) 64 31 (2) 63 31 (3) 63 66 74 60 72 41 67 91 77 21 60 57 72 22 60 76 75 4 54 19(a) 60 43(1) (2) 68 9 (2), 10 (2) 57,58 44(2) 68 33 63 17 59 59 72 58 a 72 56 71 55(1) 71 60 72 57 72 55 (2) 71 55 (3), 58 71,72 55(1) 71 59 72 4 54 92 77 38b 66 72 74 56 71 63(1) 73 72 •74 63 (2) 73 69 74 43(1) 68 43(3) 68 43(4) 68 58 72 52(1) 70 33(1) <13 33 C^) 63 66 74 Index to Acts. 1121 Conciliation and Arbitration Act (Commonwealth) 1904-1911 — continued. Shares, transfer of, not affected by Act Ship, inspection of Sitting of Court, places of . . Solicitor, costs not to be allowed by Court for services of parties not to be represented by, except by consent Special magistrate, definition of State, Judge of Supreme Court of, not bound to accept appoint ment under Act . . list of registered and proclaimed organizations existing in to be kept at District Registry State Court, jurisdiction of . . penalty enforceable in any, on filing certificate State Industrial Authority, award of Commonwealth Court prevails over award, &c., of Court may direct, not to deal with dispute . . definition of mutual working of Court with, in aid of each other, one of chief objects of Act State law, award of the Court preva'ls over State Magistrate, jurisdiction of Strike, definition of organization directing its members to refuse to accept employment deemed guilty of penalty for doing anything in nature of persons bound by industrial agreement refusing to accept employment, deemed guilty of proceedings for, not to be instituted without leave of President onus of proof in case of Strikes, lock- outs and, one of chief objects of Act to prevent Submission, not to be re-opened except on application of organiza tion or person aggrieved of disputes to Court by organization Substantial merits, equity, good conscience and. Court to act according to Summary jurisdiction. See Court of Summary Jurisdiction Supreme Court, Judge of. See State. . Technicalities, Court not to regard, in hearing of industrial disputi Technical matters. Court may refer, to an expert for report Things, Court may compel production of Time prescribed. Court may extend . . Trade secrets, books, &c., relating to, inspection of disclosure of . . Unionists, preference to. See Preference. Venue, change of . . Waiver of error, defect, or irregularity Witnesses, Court may summon disobeying summons orders as to examination of refusing to answer questions be sworn produce documents CONSTITUTION. See supra, p. 1041 et seq. CONSTITUTION ALTERATION (SENATE ELECTIONS) 1906. See sitpra, p. 1071. CONSTITUTION ALTERATION (STATE DEBTS) 1909. See supra, p. 1072. Section. 71 41 38 (k) 17a, 38 (i) 27 4 82 54(2) 89 46 30 20 4 2(v.) 30 8 6(1) 6(2) 6(3) 2(1.) 39 19, 22 25 82 25 38 (n) 38 (s) 38 (r) 86 85, 86 89 38 (q) 38 (.«) 84 (a) 32 84(c) 84 (b) 84 (d) 1122 Index to Acts. Section. Contract Immigrants Act 1905. Act not to oust or abridge jiiri.sclictiuii of Courts or iiulustri il tribunals not to ai)()ly to domestic servants acconip.uiying their employer short tillo of . . Contract, when to be approved See also Contract immi<;ri nts. Contract immigrants, definition of . . imniij^ration of, may be ])roliii)ited may land in Australia if contract approved provision as to landing of, in Australia before contract approved return of Crews of coasting ships, Act not to apply to. in certain cases Domestif servants, Act not to apjjly to, when accom]>anying their em]iloyer Em])loyer, definition of liabilities of, where contract immigrant lands before approval of contract penalty on, for untrue statement in contract Immigrant to answer questions put by officer Immigration Restriction Act 15)0', officer appointed under, may question immigrant provisions of, may be applied to contract immigrants repeal of portions of Minister, definition of approval by, of contract Officer may question immigrants Parliament, returns of contract immigrants to be presented to Penalty where contract immigrant lands in Australia before ap proval of contract for untrue representations by employer Regulations, power to make Repeal of part of Immigration Restriction Act 1901 Returns of contract immigrants Page. Copyright Act 1905. Abridgment, copyright in . . when not an infringement of copyright when not made by author, notice to be given in title page Act, commencement of short title of . . Action for infringement for recovery of pirated books or pirated artistic works limitation of . . • • _ • • notice of objection by defendant to title of plaintiff See also Damages : Proceedings. Administration of State Copyright Acts, transfer of , to Commonwe:ilth Aiders and abettors . . • • Appeal from court of summary jurisdiction . . to High Court from order for rectification of register Article, included in term book right of author to copyright in right of proprietor of periodical to copyright in See also Author: Periodical. Artistic copjrright. See Artistic work : Copyright. _ Artistic work, action for infrmgement of copyright in . . application of penalties for infringement of copy right in assignment or grant in respect of copyright in author of, to be first owner of copyright 12 13 1 5 2 10 4 6 11 8 13 2 6 9 7 10 3 2 4, 5 7 11 6 9 14 3 11 31 28 29 2 1 45 49 48 47 12 58 60 73 (2) 4 22, 23 22 (2) 45 57 42, 44 37 495 495 492 493 492 494 493 493 494 494 495 492 493 494 494 494 494 492 492 493 494 494 493 494 495 492 494 olo 514 514 509 509 517 517 517 517 511 521 521 523 509 513, 514 514 517 521 517 516 Index to Acts. 1123 Section. Page. Copyright Act 1905 — continued. Artistic work, bust included in definition of . . 4 509 commencement of copyright in 36 516 copyright in . . 34, 35 516 copyright distinct from ownership of 43 517 definition of . . 4 509 delivery of copy or photograph of, to Registrar on application to register copyright 75 524 drawing included in definition of 4 509 engraving included in definition of 4 509 See also Engraving. etching included in definition of 4 509 first owner of copyright in 37 516 grant of interest in copyright in, by licence 44 517 lithograph included in definition of 4 509 meaning of copyright in 34 516 nature of property in copyright in 42, 43 517 owner of copyright in, when portrait to order 38 516 ownership of, distinct from copyright 43 517 painting included in definition of 4 509 photograph included in definition of 4 509 See also Photograph. pirated reproductions of, to be delivered up to owner of copyright . . 53(1) 519 police to seize pirated reproductions of, if requested by owner of copyright 56 (1) 520 portrait, person to whose order made entitled to copyright in . . . . 38 516 print included in definition of . . 4 509 registration of copyright in 65 522 registration of assignments, transmissions, or licences relating to copyright in 66 522 replicas of . . 41 516 right of owner of copyright in, to require delivery of pirated reproductions 53(1) 519 sculpture mcluded in definition of 4 509 term of copyright in . . 36 516 transmission of copyright in, by operation of law. . 42, 43 517 woodcut included in definition of 4 509 Assignment. See Copyright: Performmg Right: Lecturing Right. Author, definition of 4 509 employer regarded as, of photograph when made by employee 39 (2) 516 engraver when deemed to be 40 516 first owner of the copyright in a book 18(1) 513 copyright in an artistic work 37 516 lecturing right in a lecture . . 18(3) 513 performing right in a musical or dramatic work . . ■ 18 (2) 513 photographer, when deemed . . 39 516 See also Photographer. proprietor or projector of encyclopjedia entitled to copy- right as 21 513 right of, in respect to copyright in articles in periodicals 22, 23 513, 514 to copyright in distinct pirt of book 20 513 to make replicas 41 516 translation or abridgement when not made by, notice to be given in title page 29 514 See also Joint authors. Authors, rights of separate, to copyright in distinct parts of book 20 513 Blasphemous publication, no copyright, performing right, or lecturing right in 6 510 Book, abridgement of 28, 29 514 action fo' infringement of copyright in . . 45 517 application of penalties for infringement of copyright in . . 57 521 1124 Index to Acts. Section. Copyright Act 1905 — continued. Book, author of, first owner of copyriglit chart, inchided in definition of commencement of copyright in copyright in cojiyright in, distinct fioni ownership cojiyiiuht in. when written in distinct parts cojiyiiglit in, when vrilten bj' joint authors definition of delivery of copies of, to Registrar on application to register coi)yright . . dramatic work included in definition of letter-press, sheet of, included in definition of . . licence to republish map included in definition of . . meaning of copyright in music, sheet of, included in definition of musical work included in definition of . . See also Musical Work, nature of ]>roperty in copyright in new edition of, with material alterations deemed a new book ownei'ship of copyright in, in case of joint authors ownership of, distinct from copyright . . pamphlet included in definition of periodical included in definition of pirated reproductions of, to be delivered up to owner of copyright plan included in definition of . . police to seize pirated reproductions of, if requested by owner of copyright provision against suppression of publication of lecture as, terminates lecturing right in lecture term of copyright in . . translations. See Translation, when copyright subsists in Burlesque. See Dramatic work. Bust. See Artistic work. Chart included in term book Comedy. See Dramatic work. Commencement of copyright, performing right, and lecturing right Common law, application of, in relation to unpublished literary compositions Compilation. See Encycloptedia. Compositions. See Literary compositions. Consolidated Revenue Fund, certain penalties to be paid into Copyright, abridgment, w^hen not an infringement of .' . action for infringement of action for infringement of, not to lie before registration agent of owner of, may require delivery of pirated reproductions . . application of penalties for infringement of . . artistic, meaning of artistic works in which it subsists . . assignment of . . author first owner of author entitled to, in distinct part of book . . books in which it subsists commencement of definition of dramatic works in which it subsists enforcement of equities in respect of extract when not an infringement of false representation in notice as to owner of See also Notice. 18(1) 4 16(1) 13 25 20 1« 4 76(1) 4 4 77 4 13 4 4 24, 25 • 27 19 25 4 4 53 4 66 77 17(4) 17(1) 13(2) i'lige. 513 50!) 512 512 514 513 513 509 524 509 509 524 509 512 509 509 514 514 513 614 509 50;> 519 509 520 524 513 513 512 4 509 Ifi, 36 512, 516 7 510 57 521 28 514 45 517 74 523 53(1) 519 57 521 34 516 35 516 24, 25, 26. 514 42, 43, 44 517 18, 37, 38 513, 516 20 513 13 (2), 31 512, 515 16, 36 512, 516 13-15 512 14(2) 512 68 (2) 523 28 514 55 520 Index to Acts. 1125 Copyright Act IdOS— continued. Copyright, first owner of . . grant of interest in, by licence infringement of . . international. See International copyright. lectures in which it subsists liability of owner of, for damages for failure of notice of reservation of performing right limitation of action for infringement of meaning of music il works in which it subsists . . nature of property in none in blasphemous, indecent, seditious, or libellous publications office. See Copyright Office, owner of, in book or artistic work may require delivery of pirated reproductions owner of, to have notice of reservation of performing right printed in title page ownership of, in case of joint authors personal property procedure on failure of owner of, to make transla tion . . proceedings for infringement of registers of registration .of . . assignment or transmission of licence granting interest in right of o%vner of, in book or artistic work to request police to seize pirated reproductions right of owner of, after registration . . State. See State Copyright, term of, in books in artistic works . . in case of joint authors when first publication of book af1;er death of author translation. See Translation, transmission of, by operation of law when owner of, in artistic work may make replica where book written in parts Copyright Office, establishment of . . registers to be kept at seal of . . seal of, impression of, to be judicially noticed Costs, power of Court to award Court of summary jurisdiction, appeal from . . limitation of actions in pirated books or pirated artistic works seized under warrant or by police to be brought before ■powers of, in relation to pirated books or pirated artistic works proceedings for penalties may be instituted in Criticism, extracts for, when not infringement of copyright Custo7ns Act inOl, application of, to imported pirated books and f^pirated artistic works Damages, action for assessing of, in case of infringement of performing right or lecturing right . . Section. 18, 37, 38 25, 26, 43, 44 Part. V. 15(2) 32 (2) 48 13-15, 34 14(2) 24, 25, 42, 43 53(1) 32 (2) 19 24, 42 30 45 64 65 66 66 Page. 513. 516 514. 517 517 517 512 515 517 512, 516 512 514, 517 510 519 515 513 514, 517 515 517 522 522 622 622 56(1) 520 74(2) 523 17 513 36 516 17(3) 513 17(2) 513 i, 25, 42, 614 43 517 41 516 20 513 10 511 64 522 11 511 11 511 78 524 60 521 59 521 52(1) 518 52(2) 519 59 521 28 514 61(3) 521 45 517 46 517 11 'jr. Index to Acts. Section. Copyright Act 1905 — continued. Damages, liiibility of owner of co|)yiif;lit for, in iibsence of nodce of reservation of j)erforniing right Defondimt, notic^o of ol)joction by, to title of plaintiff . Delivery, siniultiineous elsewhere and in Commonwealth Dej.uty Registrars of Copyrights, appointment of powers of . . Diagram included in term book Drama. See Dramatic work. Dramatic work, action for infringement of performing right in assessing of damages for infringement of per forming right in . . assignment of performing right in author of, first owner of performing right burlesque included in definition of- comedy included in delitiition of commencement of performing right in . . definition of drama included in definition of farce included in definition of gr.int of interest in performing right in, by licence liability of proprietor, &c., of theatre, &c., for unauthorized performance in liability of jierformer for taking part in unauthorized performance . . libretto of an opera included in definition of licence to perform lyrical work set to music included in definition gf meaning of performing right in nature of property in performing right in notice forbidding performance of. See Notice, ownership of performing right in, in case of joint authors . . penalty for giving notice forbidding performance of, without just cause penalty for infringement of performing right in after notice performing rights in, meaning of play included in definition of proceedings for infringement of performing right in, when published as a book, &c. provision against suppression of term of copyright in tragedy included in definition of transmission of performing right in, by operation of law when published as a book, to contain notice of performing right on title page See also Musical work. Drciwing. See Artistic work. Edition, new, not to be. published while copyright subsists in former edition without authority of owner right to reproduce former edition not to be pre judiced by . . when deemed a new book Employee, engraving or print made by photographs made by Employer, engraving or print made by employee on behalf of photographs made by employee on behalf of Encyclopaedia, copyright in proprietor or projector of, when entitled to copyright Engraving, engraver deemed author of copies of included in definition of artistic work who entitled to copyright in See also Artistic work. Page. 32 (2) 47 5 9(2) 9(2) 4 4r) 46 24-2() 18(2) 4 4 16(2) 4 4 4 26 51 54 4 77 4 14 24, 25 19 54(2) 54(1) 14 4 32(2) 77 17 4 24, 25 32(1) 27 27 27 40 39 40 39 21 21 40 4 37, 40 515 517 510 511 511 509 517 517 514 513 509 509 513 509 509 509 514 518 519 509 524 609 512 514 513 519 519 512 509 515 524 513 509 514 515 514 514 514 516 5.6 516 516 5.3 513 516 509 516 Index to Acts. ]127 Copyright Act 1905 — continued. Etching. See Artistic work. Evidence, copies or extracts from Registers of Copyrights, when admissible in . . . . ... Extracts, when not infringement of copyright False representation, penalty for making Farce. See Dramatic work. Illustration in a book included in definition of book Indecent publication. See Blasphemous publication. Injunction, action for International copyright, application to register copyright or per forming right certificate of registration of copyright performing right protection of, in Australia registration of copyright or performing right to obtain protection of Act Joint authors, copyright in book of, property of lecturing right in lecture of, property of performing right in dramatic or musical work of property of . . term of copyright in case of Lecture, action for infringement of lecturing right in . . assessing of damages for infringement of lecturing rig' in assignment of lecturing right in author of, first owner of lecturing right commencement of lecturing right in . . includes a sermon . . lecturing right in . . licence to publish as a book notice not to report how given in case of series of lectures ownership of lecturing right in, in case of joint authors provisions against suppression of, as a book publication of, as a book terminates lecturing right report of, in newspaper, when not an infringement lecturing right sermon included in definition of term of lecturing right in . . transmission of lecturing right in, by operation of law Lecturing right, action for infringement of assessing damages in case of infringement of assignment of author first owner of, in his lectiire commencement of . . enforcement of equities in respect of . . grant of interest in, by licence infringement of lectures in which it subsists . . limitation of actions for infringement of meaning of nature of property in none in blasphemous, indecent, seditious, libellous publications ownership in, in case of joint authors . . personal property proceedings for infringement of registration of assignment or transmission of licence granting interest in term of when first delivery in public of lecture after death of author Section. 69 28 76 45 63(1) Page. 523 514 524 509 517 522 63 (2) 522 62 522 63 (2) 522 19 513 19 513 19 513 17(3) 513 45 517 46 517 24, 25 514 18(3) 513 16(3) 513 4 509 15 512 77 524 33 515 33 (2) 516 33 (3) 516 19 513 77 524 17 (4) 513 33 515 4 509 17(1) 513 24, 25 514 45 517 46 517 24, 25, 26 514 18(3) 513 16(3) 513 68 (2) 523 25, 26 514 45 517 15(2) 512 48 517 15(1) 512 24, 25 514 6 510 19 513 24 514 45, 74 (3) 517, 524 65 522 66 522 66 522 17 513 17(2) 513 1128 Index to Acts. Copyright Act 1905 continued. lx!C!tiiriiig right, termination of, by publication of lecture as a l>ook transmission of, by operation of law . . wlicn not infringed by report of lecture Lottorpress, sheet of, inelucled in term book . , Libellous publication. See Blasi)hemous publication. Libretto of opera. See Dramatic work. Licence, grant of. for re- publication of book, re-performi>yri^'ht. Lithograph. See Artistic work. Lyrical work set to music. See Dramatic work. Magazine. See Periodical. Maj) included in term book Minister, granting by, of application to make translation notice of copyright to, by Commissioners of Customs of the United Kingdom, deemed notice by owner owner of copyright to give notice to, to secure protection against importation of pirated book or pirated artistic work . . Music, sheet of, included in term book Musical work, action for infringement of performing right in assessing of damages for infringement of performing right in . . . . ... assignment of performing right in author of, first owner of performing right commencement of performing right in . . definition of . . grant of interest in performing right in, by licence . . liability of proprietor of theatre, &c., for unauthorized performance of liability of performer for taking part in unauthorized performance of .... licence to perform meaning of performing right in nature of property in performing right in notice forbidding performance of. See Notice. ownership of performing right in, in case of joint authors penalty for giving notice forbidding performance of, without just cause penalty for infringement of performing right in after notice performing right in proceedings for infringement of performing right in, when published as a book, &c provision against suppression of published as a book, to contain notice of performing right on title page . . term of copyright in transmission of performing right in, by operation of law See also Book: Dramatic work. Newspaper included in term periodical See also Periodical : Report in newspaper Notice for delivery up of pirated books or artistic works forbidding performance in infringement of performing right penalty for false representation in penalty for giving, without just cause prohibiting report of lecture . . requesting police to seize pirated books or artistic works Occupier of Theatre. See Proprietor of Theatre. Section. 17(4) 513 24, 25 514 33(1) 515 4 509 77 25, 26 64 4 30 61 (5) 61 (4) 4 45 46 24, 25 18(2) 16(2) 4 26 51 54 77 14 24, 25 19 54 (2) 54(1) 14 32 (2) 77 32(1) 17 24, 25 4 Pagft. 53 519 54 519 55 520 53, 54 519 33 515 56 520 524 514 522 509 515 521 521 509 517 517 514 513 513 509 514 518 519 524 512 514 513 519 519 512 515 524 515 513 514 509 Index to Acts. 1129 Copyright Act 1905 — continued. Officer of Customs, seizure by, of imported pirated books and pirated artistic works Painting. See Artistic work. Pamphlet included in terra book Parts of book, copyright in . . Penalties, application of proceedings for recovery of, in court of summary juris- diction . . Performance, notice forbidding notice to refrain from taking part in simultaneous elsewhere and in Commonwealth Performing right, action for infringement of . . not to lie before registi'ation of where no notice of reservation of perform- ing right . . agent of owner of, may forbid infringement of assessing damages in case of infringement of . . assignment of author first owner of, in his dramatic or musical work commencement of . . damages against owner of copyright for failure to give notice of reservation of dr.imatic or musical works in which it subsists enforcement of equities in respect of . . false representation in notice as to owner of grant of interest in, by licence infringement of, when notice of reservation of, not printed on title page . . international, registration of, to secure protection of Act . . liability of proprietor, &c., of theatre for per- mitting performance in infringement of limitation of actions for infringement of meaning of nature of property in none in blasphemous, indecent, seditious, or libellous publication notice of reservation of owner of, may by notice forbid infringement . . ownership of, in case of joint authors penalty for infringement of, after notice personal, property . . proceedings for infringement of registration of assignment or transmission of . . licence granting interest in rights of owner of, after registration of State, registration of, to secure protection of Act term of . . in case of joint authors when first performance in public of musical or dramatic work after death of author transmission of, by operation of law . . Period of copyright. See Term of copyright. Periodical, copyright in articles written for . . definition of included in term book magazine, newspaper, and review included in defini- tion of See also Book. Photograph, copyright in, when made by employee Section. Page. 61 (2) 521 4 509 20 513 57 521 59 521 54 519 54 519 5 510 45 517 74 523 32 515 54 (1) 519 46 517 24-26 514 18 (2) 513 16(2) 513 32 (2) 515 14(2) 512 68 (2) 523 55 520 25, 26 514 32 (2) 515 62 522 51 518 48 517 14(1) 512 24, 25 514 6 510 32 515 54(1) 519 19 513 54(1) 519 24 514 45. 74 517. 523 65 522 66 622 66 522 74(2) 523 62 522 \ 17 513 ' 17 (3) 1 513 17(2) 513 24, 25 514 22, 23 513. 514 \ 509 4 509 4 509 39 (2) 516 1 l:ii) Index to Acts. Copyright Act 1905 — continued. Photogmph, imliiiled in ti-rm artistic work person to wiiose order made, entitled to copyriglit in wiien made by employoe. em i)loyer deemed aiithorof who entitled to copyright in See also Artistic work. Piracy. Soo Piratotl book or jiiratod artistic work. I'iritcd artistic work. See Pirated book or pirate i artistic work. Piriteil book. See Pirated book or pirated artiatic work. Pirated book or jiirated artistic work — defence to prosecution for offence in connexion with disposal of, by court of summary jurisdiction forfeiture and seizure of, on importation . . forfeiture of plates, &c., from which made ihiportation of prohibited limitation of amount of penalties in respect of notice by owner of copyright requiring delivery of owner of copyright deemed to have the property in owner of copyright to give notice to Minister to secure protection against importation of penalty for giving notice to deliver up without just cause penalty for making request to seize without just cause penalty for not delivering up after notice penalty for selling, &c. . . powers of police to seize property in, deemed to belong to owner of copyright request to police to seize warrant for seizure of . . Plan included in terra book . . Play. See Dramatic work. Police, pirated books or pirated artistic works seized by, to be brought before court of summary jurisdiction powers of, in relation to pirated books or pirated artistic works . . . . . . . . ... Portrait, definition of person to whose order made entitled to copyright in who entitled to copyright in Posthumous works, term of copyright in Print. See Artistic work. Proceedings for infringement of copyright, performing right, or lecturing right not to be instituted unless copyright or performing right registered Projector of encyclopseiia, rights of . . Property, nature of, in copyright, performing right, and lecturing right Proprietary rights, common law to apply to, in unpublished literary compositions Proprietor of encyclopsedia, rights of . . theatre, liability of, for infringement of performing right Publication, definition of, in relation to a book simultaneous elsewhere and in Commonwealth Publish, definition of, in relation to book Racovery of pirated copies. See Pirated book or pirated artistic work. Ragisters of copyrights admissibility of, in evidence appeal to High Court from order for rectification of, by Supreme Court or Judge certified copies of entries in or extracts from correction of, by Registrar inspection of . . 4 3i> .3i> (2) 37, 39 60 56(4) 61(2) 50 61 60 53(1) 49 61 (4) 53 (2) 56 (5) 53(1) 50 56 (2) 49 56 52 4 52, 56 (3) 52, 56 4 38 37, 38 17(2) Part V. 74 21 24 7 21 51 4 5 4 64 69 73 (2) 509 516 616 516 518 520 521 518 621 518 519 517 521 519 520 519 518 520 517 520 518 509 518, 520 518, 520 509 516 516 513 517 523 513 514 510 513 518 509 510 509 522 523 523 69, 70 523 72 523 71 523 Index to Acts. J131 Copyright Act 1905 — continued. Registers of copyrights, rectification of, by Supreme Court Judge . . trusts not to be entered in . . Eegistrar, appointment of . . copies of books to be delivered to . . copies of books received by, how disposed of copy or photograph of artistic work to be delivered to correction of register by . . definition of Deputy, appointment of . . notice of trusts not receivable by . . penalty for false representation to . . rectification of registers bv Court or Judge on application of . . registers to be kept by . . Registrar of Copyrights. See Registrar. Registration of copyright, performing right, or lecturing right Regulations, power to make Replica of artistic work, right of owner of copyright to make Report in newspaper, when an infringement of lecturing right Republication of book, licence for, after death of author See also Book : Lecture. Review. See Periodical. Scenic or dramatic composition. See Dramatic work. Sculpture. See Artistic work. Seal of Copyright Office, impressions of, to be judicially noticed . Search warrant. See Warrant. Seditious publication, no copyright. &c., in . . Seizure of pirated books or pirated artistic works. See Pirated book or pirated artistic v.-ork. Sermon. See Lecture. Simultaneous publication, performance or delivery elsewhere and in Commonwealth, what is State copyrights and performing rights — registration of, to secure protection of this Act State Copyright Acts, continuance of application of definition of . . not to apply to works in which copyright &c., subsists under this Act saving of rights under . . transfer of administration of, to Common wealth Statue. See Artistic work. Term of copyright in books and dramatic or musical works in case of joint authors in posthumous works in artistic works . . lecturing right in lectures performing right in dramatic or musical works. . performing right in case of joint authors Theatre, liability of proprietor, &c., for unauthorized jierforraance of dramatic or musical work in Title page, notice of reservation of performing right in book to be printed on . . notice to be given in, when translation or abridgmen not made by author Tragedy. See Dramatic work. Translation, copyright in . . procedure when owner of copyright fails to make when not infringement of copyright when not made by author of book, notice to be given in title page in certain cases Transmissions Section. Page. r 73(1) 523 68 (I) 523 9 511 75 524 75 524 75 524 72 523 4 509 9(2) 511 . 68 (1) 523 76 524 n 73 (1) £23 64 522 Part VII. 522 79 524 41 516 33 515 77 524 11 5 510 62, 63 8 4 522 511 509 8 8 511 511 12 511 17 17(3) 17(2) 36 17 17 17 (3) 513 513 513 516 513 513 513 51 518 32(1) 515 29 514 31 30 28 515 515 514 29 24, 25, 42, 43,66 514 514, 517 522 511 510 1132 Index to Acts. Section. Page. Copyright Act 190S— continued. Trusts, notire of. not recoivablo 68 523 Unpublislied litoniry compositions, application of common law to 7 510 Warrant for seizure of piratceeds of . . seized j^oods uiioliimcd goods warehoused goods not removed from private ware- liouse not removed within three years or re-warehoused . . on wliicli dues unpaid in King's warehouse Colhision with officer Combustible or inflammable goods Commissioned ship, master of, to answer questions officer may board and sciirch report of goods on, other than stores Comptroller, definition of . . delegation of powers by . . tJeneral, office of Concealed dutiable goods, forfeiture of Condemnation, seized goods deemed condemned conviction operates as Condensations and essences, duty on . . Control of Customs, carriage of goods subject to effect of entry of goods subject to forfeiture of goods subject to when dealt with contrary to Act goods imported . . under drawback subject to export duty for export on board ships in ports imported by post . . includes right to examine liability of Customs for loss or damage to goods subject to property in goods subject to, may be laid in Collector Co nveyance coastwise of goods, power to make regulations con- c erning . . Copyright books, list of works, pirated reproductions prohibited Customs Acts, administration of definition of . . Customs Agent. See Agent. Customs control. See Control of Customs. Customs flag Customs prosecutions, amendment of information appeal in summary jurisdiction cases averment of prosecutor, how far deemed proved Collector may levy penalty by sale of goods commencement of condemnation of goods on conviction conviction, powers of court on . . costs . . defendant a competent witness . . a compellable witness in certain cases right of, to have case tried in higher court definition of . . evidence of authority to institute Section. 269 72(6) 277 205 72 (o) 94 95 101 109 232 (a) (b) 103 274 (6) 275 274 (a) 4 10, 11 7 229 (o] 207 262 141 20-24 33 36 229 (g) 30 (a) 30 (b) 30 (c) 30 (d) 31 35 32 34 250a Page. iP) 270 217 57 185 52(a) 183 6 179 4 177 14 179 251 215 248 214 255 215 259 216 249 214 262 216 258 216 263 216 254 (1) 215 254 (2) 215 246 214 244 213 245a 214 21() 187 219 205 187 189 189 ]•.»(» 191 210 190 218 218 218 177 179 179 209 205 216 195 180 181 182 209 181 181 181 181 181 181 181 181 214 Index to Acts. 35 Customs Act 1901-1910^con^mt«ec^. Customs prosecutions, evidence of proclam.ation, &c. lorfeitures, application of imprisonment, period of imprisonment, release from, not to release penalty informalities . . institution of . . intent to defraud, evidence necessary to prove maximum penalty minimum penalty minimum penalty not liable to reduction . . onus of proof in penalties, application of practice in High Court and Supreme Courts practice in courts of summary jurisdiction proceedings, validity of proceedings not quashable for defects or want of form protection to witnesses . . variances between information and evidence Customs seal Customs, the. Collector may exercise powers of definition of . . liability of, for loss or damage . . Customs warrant, issue of . . power under Days, definition of . . working Declaration, before whom made by person under eighteen years of age power of Collector to require proof by false . . false, forfeiture of goods referred to in Deposit of duty, return of, in prescribed cases. . Diiierences not involving contravention of Act, settlement of, by Minister Disputes as to duty, procedure in . . as to contravention of Act, costs evidence on oath . . inquiry, public MiiiLster's powers . . order final witnesses at inquiry Documents, definition of . . destroying to prevent seizure or proof of offence false See also Produce documents : Production of documents. Drawback, Customs control of goods under debenture declaration on . . payment of . . definition of examination of goods goods passing into Western Australia minimum value of goods for obtaining when not payable when allowed Dutiable goods, definition of warehousing of. See Warehouse. See also Duty. Duty, according to weight or measure actions for recovery of amounts paid as ad valorem. See Ad valorem duties. 256 264 260 255 (a) 240, 241 243 257 255 264 247 248 250 Page. 215 217 216 261 216 251 215 245 213 215 213 213 216 215 217 214 214 214 252 : 215 253 215 251 j 215 13 179 219 ! 207 4 177 34 181 199 204 200. 201 204, 205 4 177 28 181 25 180 26 180 216 207 234 (e) 212 229 (?) 209 162 199 269 217 167 200 267 217 267 {h) 217 267 217 265, 267 217 266 217 267, 268 217 4 177 232 (c) 210 234 (e) 212 30 (6) 181 172 201 173 201 174 201 4 177 171 201 169 200 170 201 234 (6) 212 168 200 4 177 134 194 167 200 113G Index to Acts. Customs Act 1901-1910 — continued. Duty, alteration of, effect of, on agreement for sale Anstnli ui goods re-imported . . ConuiKin wealth goods exempt . . Crciwn debt . . dei>(>sit of, in prescribed cases . . disputes as to drawback. See Drawback, essences and condensations evading payment of . . export, at what rate payable . . goods by weiglit or measure by measure, piling, heaping, sorting, &c., at owner expense derelict, flotsam, jetsam, lagan, and wreck in transit on manifest not accounted for highest to be charged import, at what rate payable . . medicinal and toilet preparations parts payment in British currency . . paynient of, under protest rate at which import duty payable recovery of recovery of, when short levied . . reputed sizes or quantities samples of duty-paid goods sent out of Australia and re imported . . small samples specified quantities to apply in proportion to greater or lesser quantities strength of spirits substitutes . . toilet preparations under State Acts, Part VIII. of Act not to apply to value for, of goods sold at collector's sale value of goods for. See Ad valorem duties. See also Refund of duty : Remission of duty. Entry, export false, or wilfully misleading, forfeiture in case of false goods subject to control of Customs to be entered goods to be dealt with in accordance with how made . . how passed . . import, home consumption warehousing . . transhipment passengers' baggage, not necessary for . . person making, to answer questions proof on, by declaration or production of documents requisite for due importation of goods . . right to refuse to pass, unless security given sight, effect of when allowed . . when complete entry to be made time within which whole cargo is to be entered . . unshipment pursuant to warehoused goods Evading payment of duty . . Evidence at inqiiiries by Minister in Customs prosecutions in proceedings against officers Section. 152 161 131 153 162 167 141 234 (a) 133 134 142 148 143 149 138 132 144 140 137 167 132 153 165 136 151 150 135 146, 147 139 144 130 145 114 229 (i) 234 (d) 36 40 ■ 37 39 68 (o) 68 (b) 68 (c) 41 38 216 49(3) 42 70 69 71 72 74 104 234 (a) 267 254, 255 256 223, 225 Page. 196 196 194 197 199 200 19.-> 212 194 194 195 196 195 196 195 194 195 195 195 200 194 197 199 194 196 196 194 196 195 195 194 196 192 209 212 182 182 182 182 186 186 186 182 182 207 183 182 186 186 186 187 187 190 212 217 215 215 207. 208 Index to Acts. 1137 • Section. Pago. Customs Act 1901-1910 — continued. Evidence of authority to institute Customs prosecutions 245a 214 protection to witness 253 215 Examination of goods, appointment of places for 17 180 continuation of existing places for 18 180 powers of officers as to 186 203 right of 32 181 Exhibition, goods may be allowed out of warehouse for 97 190 Explosives, exportation of, may be prohibited 112 (a) 191 inter-St ite coiveyance of, may be prohibited 112a 192 Export, certificate of landing of goods 126 193 Customs control of goods subject to export duty 30(c) 181 for export . . 30 (d) 181 entry of goods for . . 114 192 forfeiture of goods unlawfully exported 229 (a) 209 goods entered for, and not shipped 116 192 shipped for, not to be unshipped without permis- sion . . ... 125 193 subject to control of Customs, how to be shipped 115 192 owner entering goods for, to produce documents and give security . . 117 193 size of sliips in which goods may be exported . . 113 192 unlawful . . . . 233 211 unspecified goods not to be shipped . . 120 193 Exports, prohibited. See Prohibited exports. False declaration or document 234 (e) 212 entry 234 (d) 212 money, importation of, prohibited 62 (6) 183 statement, forfeiture of goods in case of 229 (i) 209 statement on oath . . . . 235 212 warranty, goods with, importation of, prohibited . . 62(A) 183 Flag, Customs 14 179 Flotsam, jetsam, &c. 66, 67, 148 186, 196 Foreign language, translation of documents in 217 207 Forfeited goods, disposal of . . 208 205 Forfeiture, ships and boats . . 228 208 goods . . 229, 230 209, 210 penalty in addition to . . 239 213 conviction operates as condemnation of goods 262 216 application of . . 264 217 See also Seizures. Gazette notice, definition of . . 4 177 as evidence . . 256 • 215 General warehouse . . 79 188 Genuine invoice. See Ad valorem duties. Goods, Customs control of. See Control of Customs. definition of 4 177 entry for. See Entry. examination of 32 181 derelict, flotsam, jetsam, &c. . . 66, 67, 148 186, 196 for export subject to control of Customs 30 181 for export, power to make regulations regarding. . 270 217 forfeiture of 229 209 forfeiture of, extends to packages 230 210 imported, power to make regulations as to size, &c., of packages containing 270 217 imported through post-office . . 35 181 prohibited to be exported. See Prohibited exports. prohibited to be imported. See Prohibited imports. property in, may be laid in Collector when goods subject to control of Customs 250a 214 under drawback, definition of 4 177 See also Drawback. Hours, working 28 181 Hovering ship, master to depart if required 185 1 202 Ii:t8 Index to Acts. Customs Act 1901-1910 — continued. Hovt'iini; ship imiy be broiif^ht into port on f;iilure to depart persons on board to answer questions and produce documents not departing, forfeiture of forfeiture of cargo Importation, requisites for . . forfeiture of goods unlawfully imported (if ^^(lods in unregistered ships proliibited unlawful Imports, proluhited. 8ce Proliibitcd imports. Indecent or obscene works or articles, importiition of, prohibited Inquiry by Minister. See Disputes as to contravention of Act. Inspection laws. State, execution and enforcement of . , Intent to defraud may be charged in addition to ofTence maximum penalty in case of averment of prosecutor not sufficient to prove Inter-Stite conveyance of goods, power to make regulations for prohibited exports may be i)r()hibited Intimidating officer Invoice, false, forfeiture of goods See also Ad valorem duties. Inward manifest forfeiture of goods not on Justice, definition of King's warehouse, appointment of continuation of existing destruction of goods not worth duty purposes of rent and charges . . sale of goods Licence, carriage, boat, lighter carriage of goods subject to control of Customs unlicensed carriages, &c., prohibited Customs agent warehouse. See Warehouse. Lighter. See Licence. Machinery warehouse Manifest, inward in case of wrecked ship outward . . Manufacturing warehouse manufacture in Master, definition of of (ship arriving, not to suffer ship to enter place other than port to bring ship to when signalled to bring ship to at boarding station to facilitate boarding to bring ship quickly to place of unlading to report ship and cargo to answer questions . . to produce documents of ship departing, not to depart without clearance to deliver outward manifest . . to answer questions . . to produce documents not to ship unspecified goods to bring ship to at boarding station to facilitate boarding to produce certificate of clearance to account for goods of ship or boat not to suffer it to be used in smuggling, &c of wrecked ship to report ship and cargo Section. 185 185 , 228 (3) 229 (A) 49 229 51 233, 233b 52 (c) 27 241 241 255 (a) 270 11 2a 232 (d) 229 (t) 64 229 (e) 4 106 108 102 110 107 109 20, 21, 22, 23 24 180 79 64 65 119 79 89 4 Page. 202 202 208 209 183 209 183 211 183 181 213 213 215 217 192 210 209 186 209 177 191 191 190 191 191 191 180, 180 180 202 188 186 186 193 188 189 177 58 185 59 185 60 185 61 185 62 185 64 (a) 186 64 (6) 186 64 (c) 186 118 193 119 (a) 193 119(6) 193 110 (c) 193 120 193 123 193 123 193 124 193 124 193 233 211 65 186 Index to Acts. 1189 Customs Act 1901-1910 — continued. Medicinal preparations Miner.il oil and spirits, restriction on importation of Military stores, exportation of, may be prohibited inter-State conveyance of, may be prohibited Minister, administration of Customs Acts by . . appointment of sufferance wharfs and examination places delegation of powers disputes. See Disputes as to contravention of Act. drawback debenture, power in regard to payment of penalties and forfeitures applied as directed by power to settle differences . . Misleading officers . . Money, false, &c., imjiortation of, prohibited . . Naval stores, exportation of, may be prohibited inter-State conveyance of, may be prohibited Oath, false statement on . . Obscene. See Indecent. Obstruction of officer or person assisting him . . Offences, aiding and abetting attempted certain, punishable on simimary conviction intent to defraud may be charged in addition ol?ence . . not specifically provided for penalties at foot of sections Officer, accommodation for, on wharf assaulting, &c., or person acting in aid bribing colhision with or by failure to disclose to, knowledge concerning importation prohibited imports false statement to . . continuance of existing officers definition of misleading . . notice of seizure to owner obstructing power to arrest persons suspected of smuggling, importin prohibited imports, &c. board and search ships commissioned ships . . ships hovering off coast call for assistance . . detain suspected persons examine, &c., goods force ship to bring to moor vessels on service in any place . . patrol coast, &c. question passengers seal goods . . secure goods seize ships and goods stop and search carriages take samples power under writ of assistance or Customs warrant proceedings against, commencement evidence limited to causes in notice evidence, defendant may give specia matter in general issue may be pleaded notice to be given of defective, not invalid proof of service of . . reasonable cause bars Section. 144 52 {i) 112 (a) 112a 6 17 9, 11 174 264 269 234 {h) 52 (6) 112 (a) 112 a 235 232 [d) 236 237 233b Page. 195 183 191 192 179 180 179 201 217 217 212 183 191 192 212 210 212 212 211 241 213 238 212 5 179 19 180 232 (d) 210 232 (6) 210 232 (a) (6) 210 233b 211 234 (e) 212 210, 211 206 187-189 203 275 218 185 202 202 205 196 204 186 203 184 202 194 204 193 203 195 204 186 203 187, 190 203 203 205 197 204 218 207 200 201 204,205 225-227 208 223 207 225 208 225 208 221 207 222 207 223 207 220 207 114(» Index to Acts. Customs Act i9QiA9iO —continued. Oifioor, proooodiiigd ivgaiust, t:nill propo3 lia, time for proceedings in regird to security by officer in proceedings in re- gard to tender of amends venue local threatening or commander of a Government ship, power to force ships bring to . . writ of assistance to Oleomarg irine, &c., importation of, prohibited unless coloured branded . . Opium, restriction on importation of . . forfeiture of Outward manifest, delivery of goods not specified in goods not spe itied in, forfeiture of goods specified in, and not on ship, to accounted for to be attached to clearance Overtime . . rates to be charged Owner in respect of goods, definition of a ship, definition of Package, definition of forfeiture of, having concealed goods forfeiture of, extends to contents Parts, duty on beyond the seas, definition of . . Passengers may be questioned baggage nf, entry not required b '.gg ge of, need not be specified in outward manifest Penalty, application of . . . . ... at foot of sections, meaning of in addition to forfeiture in cases not specifically provided for . . maximum in certain cases . . maximum in case of intent to defraud minimum . . minimum not liable to reduction Minister's powers in case of dispute . . regulations may prescribe, for contravention of regulations where offender previously convicted . . See also Customs prosecutions. Police, arrest, power of See also Arrest, assistance of collusive seizures or agreements by search persons, power of , to . . seize ships or goods, power of, to stop and search carriages, power of, to Port, definition of . . Ports, continuation of existing establishment of Possession, unlawful, of goods Post, Customs control of goods imported by . . Prescribed, definition of Prison-made goods, importation of, prohibited . . Private warehouse . . collector may order removal of goods from Proclamation, applying section 233b to certain prohibited import; evidence of . . prohibition of imports by 226, 227 227 224 225 232 (b) 184 198 52 U) 53 229 (0 119 120 229 (m) 124 (6) 193 121 193 28 181 29 181 4 177 4 177 4 177 229 (p) 209 230 210 140 195 4 177 195 204 41 182 120 193 264 217 5 179 239 213 238 212 240 213 241 213 243 213 257 216 265 217 270 217 242 213 210 206 201 205 232 (a) 210 196 204 203 205 197 204 4 177 18 180 15, 16 179, 180 233, 233b 211 35 181 4 177 52 {d) 183 79 188 94 189 233b (2) 212 256 215 52 (g), 56 183, 184 Page, 208 208 208 208 210 202 204 183 184 209 193 193 209 Index to Acts. 1141 Customs Act 1901-1910 — continued. Proclamation, prohibition of exports by Produce documents, definition of . . master of ship arriving to master of ship departing to owner of goods to persons on board hovering ship brought into port to refusal or failure to Production of documents in case of unlawful importation, &c., or of seizure collector may impound documents and give certified copy collector may require proof by, on entry at inquiry by Minister Prohibited exports, arrest of persons suspected of exporting conveyance, inter-State, of, may be prohibited conveyance, unlawful, of, prohibited exportation of, prohibited forfeiture of . . possession, unlawful, of, prohibited unlawful conveyance of, prohibited unlawful possession of, prohibited. . what may be . . Prohibited imports, arrest of persons suspected of importing conveyance, unlawful, of, prohibited forfeiture of . . forfeiture of goods offered for sale as pro- hibited goods prohibited to be imported into a State are, as regards that State importation of, prohibited importation of goods in unregistered ships prohibited offermg goods for sale as, prohibited possession, unlawful, of, prohibited proclamation, prohibition of, by, extent of power of spirits, opium, tobacco, snuff, cigars, or cigarettes, except in packages as prescribed unlawful conveyance of, prohibited unlawful possession of, prohibited . . what are Prosecution. See Customs prosecutions. Protest, payment of duty under Railway carriage, security in Ueu of licence for Rebate of duty Refund of duty, cases in which allowed erroneous, may be recovered . . in case goods purchased by Customs . not allowed in case of alteration of practice as to classification or enumeration Re-gauge of warehoused goods Regulations included in term " this Act " evidence of power to make . . publication and effect of disallowance of, by Parliament Remission of duty, cases in which allowed goods wasted or lost in warehouse operations warehoused goods not worth duty Re-packing or skipping on wharf Report of ship and cargo Section. in case of wreck Page. 112, 112a 4 64 (c) 119 (c) 117, 216 185 234 (<7) 214 215 216 267 (c) 210 112a 233 111, 112, 233 229 (w) 233 233 233 112 210 233 229 (6) (c) 229 (r) 55 50, 233 51 234 {h) 233, 233b 52 (g), 56 53 233 233, 233b 52 167 21 163 163 165 161 (5) 166 99 4 256 270 271 271 163 164 102 77 64 65 191. 192 177 186 193 193, 207 202 212 206 206 207 217 206 192 211 191, 211 209 211 211 211 191 206 211 209 209 185 183, 211 183 212 211 183, 184 184 211 211 183 200 179 199 199 199 199 199 190 177 215 217 218 218 199 199 190 187 186 186 C.1112S.— VOL. TI. 1142 Index to Acts. Section. Customs Act 1901-1910 — continued. Rescue of smuggled goods, assembly of persons for seized goods Re-vftlimtit>n of ad valorem goods Re-weigh of warelunised goods S:vlos. Collector's. See Collector's sales. .S.un])le.s. diity-iKiid goods, ro-iiuportation of . . i)11icer may take . . small, may bo delivered free tea Seal, Customs Seivls, «fec., for securing goods not to be broken ships' stores not to be broken . . Search. See Officer. Security, cancellation of elTect of, when ])ut in suit form of . . fresh general . . how given right to require Seizure, action by owner for recovery of goods action by owner, if not entered, goods condemned assistance to officer collusive . . condemned, seized ships and goods deemed destroying goods or documents to prevent seizure or proof of offence . . ... disposal of forfeited ships and goods goods seized by person not an officer to be delivered to officer . . notice of, to owner. . power of . . prev'ention of seizure or rescuing goods, assembly for production of books and documents . . rescuing goods restoration of ships and goods on security being given sale of goods securing of goods . . Ship arriving not to enter places other than ports to bring to for boarding when signalled . . at boarding station boarding of, to be facilitated by m ister . . to come quickly to place of unlading removal of, from place of unlading. . report of ship and cargo definition of . . See also Officer, departing, entry outwards of . . not to depart without clearance outward manifest of unspecified goods not to be shipped on to bring to for boarding at boarding station boarding of, to be facilitated . . goods in manifest not on ship to be accounted for or boat exceeding 250 tons register, penalty for acts which would cause forfeiture if under 250 tons not exceeding 250 tons register, acts which cause forfeiture of master not to suffer use of, in smuggling, &c power of officer to seize, as forfeited notice to owner, of seizure of seized, return of, on claimant giving security disposal of forfeited unregistered, goods not to be imported in . . Pago. 231 210 2:}2 (c) 210 100 190 99 190 151 196 218 207 150 190 54 184 13 179 191 203 192 203 45 182 48 183 47 183 46 182 44 182 43 182 42 182 207 205 207 205 202 205 232 (a) 210 205, 207 205 232 (c) 210 208 205 209 206 205 205 203 205 231 210 214 206 231, 232 (c) 210 206 205 205 205 204 205 58 185 59 185 60 185 61 185 62 185 63 186- 64 186 4 177 114 192 118 193 119 193 120 193 123 193 123 193 124 (b) 193 228 208 228 208 233a 211 203 205 205 205 206 205 208 205 51 183 Index to Acts. 1143 Section. Page. Customs Act 1901-1910 — continued. Ship wrecked, master to report ship and cargo 65 186 Ships' stores, penalty for unlawful use of 128 194 penalty on ship entering port with seals, &c., securing stores, broken 192 203 prescribed allowance of, may be shipped free of duty on ship entered outwards 129 194 use of. . 127 194 Sight entry, when allowed 69 186 effect of 70 186 when to be completed 71 186 Smuggled goods, assembly of persons for preventing seizure or for rescue of 2.31 210 unlawful possession of 233 211 Smuggling, assembly of persons for . . 231 210 definition of . . 4 177 forfeiture of ship or boat used in 228 (1) 208 smuggled goods, &c. . . 229 (a) 209 goods offered for sale as smuggled 229 (7) (r) 209 master of ship or boat not to suffer it to be used in 233 a 211 offering goods for sale as smuggled, prohibited 234 {h) 212 persons suspected of, may be arrested 210 206 prohibited 233 211 Snuff, restriction on importation of . . 53 184 forfeiture of . . 229 (l) 209 Spirits, strength of, how ascertained . . 146 196 obscuration 147 196 restriction on importation of . . 53 184 forfeiture of 229 (l) 209 State inspection laws, execution and enforcement of 27 181 Collector of Customs . . . . . . . . 8 179 Stiffening permit . . 1!4 192 Stores. See Ships' stores. Substitutes, duty on 139 195 Sufferance wharfs, appointment of . . 17 180 Suspected persons, power to search . . 196 204 power to arrest 210 206 Tariff proposals — time for commencement of proceedings against officer 226, 227 208 security by officer 227 208 Tea, exhausted, adulterated, or unfit for human use, or unwhole- some, importation of, prohibited 52(e) 183 taking and analysis of samples of 54 184 " This Act," definition of .. .. .. .. 4 177 Threatening officer 232 (b) 210 Tobacco, restriction on importation of 53 184 forfeiture of 229 (I) 209 Toilet preparations 144 195 Transhipment entry 68 (c) 186 of goods 75 187 Translation of foreign decuments 217 207 Unlawful conveyance of smuggled, &c., goods 233 211 exportation of prohibited exports 233 211 importation of prohibited imports 233, 233b 211 possession of smuggled goods or prohibited exports . . 233 211 possession of prohibited imports 233, 233b 211 sale of goods on a certain pretence . . 234 (h) 212 Unregistered ships, goods not to be imported in 51 183 Unshipment of goods 49 (3) 183 time of entry for 72 187 authority for . . 74 187 how goods dealt with . . 75 187 under collector's permit 74, 76 187 Value. See Duty. Vehicle. See Carriage. N 2 1144 Index to Acts. Customs Act 1901-1910 — continued. Warehouse, account of ^oods entered for classes of wareliouses collector to have access to combustible or inflammable goods completion of wareliousing of goods constructive warehousing definition of destruction of goods not worth duty dutiable goods may be warehoused in duties of licensee entry of goods . . fresh account of goods sorted, bottled, packed, or repacked in . . general goods for public exhibition King's. See King's warehouse, licences cancellation of . . continuation of existing fees for machinery manufacturing . . manufacture in . . opening packages in which goods to be deposited in power of collector to sell goods not removed from private private private, removal of goods from, to general warehouse re-gauging or re- weighing of goods removal of goods to re-packing, &c., in re- valuation of ad valorem goods in re- warehousing, how effected sale of goods not removed or re-warehoused in goods on which dues unpaid combustible or inflammable goods . . Warrant. See Customs warrant. Western Australia, drawback on goods passing into Wharf, appointment of continuance of existing definition of sufferance . . owner, definition of owner, duty of, to provide office and shed accommodation Witness at inquiry before Minister . . defendant as protection to Working days and hours Writ of assistance, power to grant power under (a) Customs Tariff 1902. Act, short title of . . incorporation of Customs Act 1901 with commencement of Definition of Tariff. . Tariff alteration Time of imposition of uniform duties of Customs Validation of collections pursuant to Tariff or Tariff alterations fa) As amended by the Customs Tariff 191)8-1911. Section. Page. 83 188 70 188 ••8 190 103 HK) 84 188 10.5 190 4 177 102 190 78 187 92 189 104 190 88 189 79 188 97 190 78, 79 187, 188 81 188 82 188 80 188 79 188 79 188 89 189 93 189 86 188 94 189 79 188 94 189 99 190 85 188 87 189 100 190 96 189 94, 95 189 100 190 103 190 169 200 15, 16 179. 180 18 180 4 177 17 180 4 177 19 180 267, 268 217 254 215 253 215 28 181 198 204 200, 201 204. 205 1 221 2 221 4 222 3 221 3 221 4 222 6 222 Index to Acts. 1145 Section. Page. Customs Tariff 1908-1911. Act, short title of . . 1 222 incorporation of Customs Act 1901 with . . 2 222 commencement of 4 223 Amendment of Customs Tari§ 1908 in relation to duties * 224 British preference . . 6 223 Combination of articles, duty in case of Schedule A 225 Decreases of duty, date from which operative . . t 224 Definitions- departmental by-law Schedule A 225 iron . . Schedule A 225 N.E.I. Schedule A 225 non- spirituous . . Schedule A 225 proof or proof spirit Schedule A 225 spirituous Schedule A 225 Tariff.. 3 222 Tariff alteration 3 222 wool or woollen Schedule A 225 Duty, validation of collections of, under proposed amendments of theTariti X 224 Freedom from duty, date from which operative t 224 Headings of Divisions in Tariff 3(2) 223 Imitations Schedule A 225 Imposition of duties 4, 5 223 Increases of duty, date from which operative . . t 224 New duty, date from which, deemed to have been imposed t 224 Rebates on articles 8 225 Repeal of certain Acts 10 225 South African preference, saving of . . 9 225 Time of imposition of duties 4, 5 223 Validation of collections pursuant to Tariii or Tariff alterations . . 7 223 under proposed amendments of the Tariff X 224 • See section 2 of the Customs Tariff 1910 and section 2 of the Customs Tariff 1911, reprinted as footnotes, (supra, p. 224). t See section 3 of the Customs Tariff 1910 and section 3 of the Customs Tariff 1911, reprin"^ed as footnotes, {siqra, p. 224). t See section 4 ot the Customs Tariff 1910 and section 4 of the Customs Tariff 1911, reprinted as ootnotes, {supra, p. 224). Customs Tariff 1908-1911. ITEMS. (Note. — The Number stated after each Heading is the Number of the Item in the Tariff printed on pages 226 to 270, supra). Aboriginal Curios, 332. Aboriginal Weapons, 332. Absorbent Wool, 442. Academy Boards, 364(c). Accessories — Camera and Lantern, n.e.i, 411 Cigar and Cigarette Holder, 415. Cycle n.e.i., 378. Ore Dressing Machinery and Ap- pliances n.e.i., 176(B). Photonjraphic Rubber, 412. Accessory Parts — Cycle n.e.i., 378. Accident Emergency Cases, 44^. Account Books, 357(A). Accoutrements, Naval and Military Uniforms, 135. .Accumulators (Electric), 179(A). Acetate Ammonia, 275(A). Acetates for manufacture of Acetic Acid, 273(E). Acetic Acid — Acetates for manufacture of, 273(E)- Essences, &c., 273(c) and (d). Extracts, &c., 273(c) and (d). Solutions, Extracts or Essences, 273(c) and (d). Acetone, 6. 114(5 Index to Acts. Customs Tariff 1908 1911 [Items) continued. Acids Acetic, Acetates for manufacture of, 273(1). Acetic, Solutions, Extracts, Kssenccs, a7Jlc) and (D). Roric, J78(a). Carbolic, 279. Citric, 290. Crcsylic, 279. Muriatic, 274. Nitric, 274. Salicylic, 278(A*. Suipluiric, 274. Tartaric, 2go. Acorns, Blind, 118 Actions for Guns or Rifles, 139(D). Actions, Musical Instrument, 385. Adding and Computing Machines, 159 Adhesive Plasters, 296. Adhesives, prepared, n.e.i., 261(B). " Adult," definition of, 438. (Foot- note to.) Advertisements — Paper, framed or u»- framed, 356 (a). Advertising Articles, 389. Aeolian (and similar) Records, 385. Aerated Waters, 17. Aerated Waters — Preparations n.e.i., packed for Household use for the production of, 17. Aerographs, 395(B). Aeroplanes, 380(F). Agricultural Machinery and Imple- ments n.e.i., 145 to 152 inclusive. Air Beds (rubber), 351(A). Air Cushions (rubber), 351(A). Air Pillows (rubber), 351(A). Albumen, Egg (dry), 51. Albums, 357(A). Alcohol — Amylic, 4. Methyl, 6. Ale— Non-spirituous, 2. Spirituous, i. Alloy, Dental, 442. Almanacs n.e.i., 356(A). Almond Kernels, 86(e). Almond Meal, 86(g). Almond Paste, 86(g). Almonds, unshelled, 86 (d). Aluminium, 191. Aluminium Rotary Graining Machines, 164. Amalgam and Gold Filling, in Pellets or Cylinders, 442. Ammonia — Acetate, 275(A). Anhydrous, 275(A). Anhydrous — Cylinders for, 199. Carbonate, 275(A). Condenser Coils, 188. Liquid, 275(A). Muriate, 275(B). Perfumed, 295(A). Sulphate, 275(B). .Ammunition, 138. Amputatint^ Instruments, &c., 44a. .Amylic Alcohol, 4. Analysis Ajjparattis, Gas, 255(A)- Analysis, Instruments for Colour Com- parison, &c., 448(E). Analysis, Milk, Win«, and Agricul- tural Products, 448(K). Analytical Scales, 213. Anchors, 192. Angle Brass, 195. Angle Copper, ig8. Angle Iron and Steel, 229(c). Anhydrous Ammonia, 275(A). Anhydrous Ammonia, Cylinders for, 199. Animal Foods n.e.i., 66. Animals, living (except for stud pur- poses), 33. Animals, Medicines for, 292(A). Annatto, liipiid and solid, in packages over I lb., 90. Anodes for plating purposes, 193. Anti-fouling Composition (Ships'), 236(c). Antifriction Metal, 190. Antimacassars, 117(A). Antimonial and Lead Compounds, 190. Antimony (Star), 190. Antiquities — Collections for Public In- stitutions, 436. Apparatus — Analysis, Gas, 255(A). Analysis, Milk, Wine, &c., 448(F). Arsenic Testing, 255(A). Bacteriological, 448(D) and 256. Copying (Typewriter), 405. Diving, 155. Electric Controlling, 177(C). Electric Regulating, 177(c). Electric Starting, 177(c). For Liquefaction of Gases, 162(A). For Localization and Stereoscopic Radiography (X-ray), 442. Hot Air, for legs and arms, 442. Ophthalmic, Demonstrating, 449. Scientific, for Universities, Hos- pitals, &c., 440.(a). Scientific (glass), 256. Scientific (porcelain), 242. Sterilizing (for solutions), (Oph- thalmic Appliances), 449. Typewriter Copying, 405. X-ray (as defined), 442. \pparel and At/ire-— Belting for, 134(A). Furs, ir9(A) Materials cut into shape, io6(a). N.E.I., &c., To6(A). Apparel Elastics, 351(A). Apple Wrapping Paper, 356(1) (2). Index to Acts. 1147 Customs Tariff 1908-1911 (Items) — continual. Articles of Fused Silica, 255(B). Articles of Natural or Imitation Hair, 137- Articles used for outdoor or indoor Games, 326. Artificial — Eyes, 442. Flowers, 136. Fruit Essences, 11. Fruits, 136. Grains, 136. Leaves, 136. Limbs, 442. Plants, 136. Artists' Colours, 239. Asbestos — Articles n.e.i., 426. Boiler and Pipe Covering, 424. Cement Tiles, 244. Cloth (with or wfthout wire), proofed with rubber, 423(A). Cloth (with or without wire), un proofed, 423(B). Tord, 423(A). Mattresses for Boilers, 424. Millboards, 423(B). Packing, 423(A). Pipe and Boiler Covering, 424. Yarn, 423(B). Aseptic Paper, 442. Ash Trays, 415. Asphalt — Mastic, 245. Tiles, 247. Assay Furnaces, 248. Assay Scales, &.C., 213. .Astrachans (Piece Goods), 123(D). .\tomizers — Mining, 406(B). N.E.L, and the like, 406(A) Attachments — For Adding and Computing Ma- chines, 159. For rendering Music by Mechani- cal Process, 381. For Scabbards, &c., 135. To Penhandles, 364(D). To Sash Screws, 175(c). .Attire, Apparel, and — Furs, 119(A). Materials Cut in Shape for, 106(A). N.E.I., 106(A). Australian Directories, Guides, and Time Tables, 356(c). Automatic Can-making and Closing Machines, 165(A). Automatic Weighing Machines, &c., 159- Autotype Paper, 410(B) (I). Axle Grease, 233. Appliances — Dental (as specified), 442. Electrical, 177. Fishing, n.e.i., 326. Galvano-cautery Battery, 442. Gas and Electrical, n.e.i., 178(D) Leaching, 176(c). Life-saving (Fire Brigade), 433. Metal-refining, 176(c). Motive Power, i6o(a). Ophthalmic, 449. Ore Dressing n.e.i., 176(B). Smelting, 176(c). Surgical (as specified), 442. Surgical n.e.i., 427. Telephone, 178(c). Veterinary (as specified), 442. Aprons, Buggy, 114. Architraves, 303(G). Arc Lamp Carbons (Electric), 179(B). Arc Lamps (Electric), i7q(A). Arms, Axles and Springs — Carriage Undergear, 380(B). Arms, 139. Arms N.E.L, 139(F). Aromas, Fruit — Non-spirituous, 11. Spirituous, 9. Arresters, Lightning, 177(D). Arrowroot, 75. Arsenic Testing Apparatus and Tubes, 255(A)- Art Galleries — Paintings for, 419(0^. Art, Works of, for Public Institu- tions or purposes, 417(A). Art, Works of (Statuary), 418. Artesian Boring Machines, 165(A). Artesian Boring Tools, n.e.i., 165(B). Articles becjueathed or donated to Public Institutions, 441. Articles advertising in character, &c. 389. Articles made of Wicker, Bamboo, Cane, cSrc, 304. Articles n.e.i., composed of cement or reinforced cement, 240(B). Articles n.e.i., containing Rubber 350(A)- Articles n.e.i., for Ornament or Or- nament and use, 326. Articles n.e.i., for rendering music by mechanical j)rocess, 381. Articles n.e.i., made up from textiles, felts, or feathers, &c., 108. Articles n.e.i, manufactured from Cord or Twine, 398. Articles n.e.i., partly or wholly made of gold or silver, 336. Articles not otherwise dutiable, com posed of a combination of other ar- ticles some of which are dutiable whea imported separately, and of others free of duty, &c. (see Intro ductory Notes to Schedule, su-pra, p. 225). 114^ Index to Acts. Customs Tariff 1908-1911 (Items) — continued. Axles — Cycle, 37y. Incorporated in Carnape Under- gt-ar, .?8o(B). N.K.I., Vehicle, 380(0). Railway and Tramway Wheel, 222{\) and (B). Roller and Ball Bearing n.e.i., 380(c). B. Backgrounds, Photographic, 410(A). Bacon, partly or wholly cured, 81. Bacteriological Apparatus, 448(D). Bacteriological Apparatus (Cllass), 25b Bacteriological Products and Serum, 288. Badges — Gold or Silver, for Attiie, ^^b. N.E.I., 134(A). Bag Papers, 356(1) (i). Bagger, Husker, and Sheller com bined — Corn, 147(A). Bagging, Weighing and Sewing Ma chines, 159. Bagpipes, 3S6. Bags- Brush and Comb, ii7(a^. Dressing, 387(A). Fancy, 387(A). For Linen, 117(A). Gas (Rubber), 350(A). Gold or Silver, 336. Hand, 387(A). Handkerchief, 387(A). Jewel, 387(A). Operation, fitted with Instrumenti 442. Paper n.e.i., 356(L). Paper, Printed or Embossed, 356(A). Picnic, 387(A). Press (Rubber), 350(A). Sporting, 387(A). Toilet, 387(A). Travelling, 387(A). Work, 387(A). Bags and Sacks, &C. — Bales for Wool, &c., 113. Bran, 113. Calico, 112. Chaff, 113. Coal, 113. Compressed Fodder, 113. Cornsacks, 113. Flour Sacks, 113. Hessian n.e.i., 112. Linen, 112. Meat Wraps, 112. N.E.I., 112. Onion, 113. Ore, 113. Potato, 113. Bags and Sacks, &c. — continued. Sii^^ar Mats, 113. Sugar Sacks, 113. Woolj)atks, &c., 113. Baize, Oil (Piece Goods), 123(E). Balances, Precision and Physical, 2ij Balances, Sjiring, 158. Bales (see IJags and Sacks, &c.). Ball Bearings, 162(A). Ball Heads, Cycle, 379. Balls- Billiard, in the rough, 30a. Cycle, 375. Steel, other than Cycle, 219. Bamboo — Articles made of n.e.i., partly or wholly finished, 304. Chairs, 299(c). Clouded, 307(A). Lounges, 299(H). Settees, 299(13). Unmanufactured, 307(B) Banana — Desiccated, 54(c). Flour, 54(c). Bananas, 59. Bandages — N.E.L (Surgical, &c.), 442. Rubber, 350(A). Bandeau.x for Hats, 134(A). Band Instruments, Military, 386 Band Saws, Log, 162(B). Band Steel, 218. Bands — Curtain, 118. Steel Toe, 378. Banners, over i ft. in length, 13^*' Bar, Gold, 338. Bai Iron and Steel, 229(c). Bar, Silver, 338. Barbed Wire, 185. Baritones, Band and Orchestral, ^86. Barkometers, 448(A) or (B). Bark, Quillaya, 278(A). Barley — Grain, 64(A). Roasted, 77. Torrefied, 77. Barographs, 448(c). Barrel Shocks, new, 324. Barrels — Gun or Rifle, 139(D) (g) or (H). N.E.I., empty, 322. Bars — Aluminium, 191. Brass, 195. Britannia Metal, 191. Bronze, 191. Copper, 198. For Jewellery, ;j36. German Silver, 191. Gold, 338. Iron and Steel of fancy pattern, 229(C). Index to Acts. 49 Customs Tariff 1908-1911 (Items) — continued. Bars — continued. Iron and Steel, plain, 229(c). Iron and Steel (Puddled), 229(B). Nickel, 191. Platinum, 207. Silver, 338. Steel, for Cycle Rims, 379. Yellow Metal, 191. Zinc, 227. Barytes, Crude, 236(G) (i). Barytes, Ground, 236(G) (2). Basins, Evaporating (Glass), 255(A). Baskets- Dressing, 387(A). Fancy, 387(A). Hand, 387(A). Picnic, 387(A). Sporting, 387(A). Toilet, 387(A/. Travelling, 387(A). Work, 387(A). Workmen's, Rush or Straw, 388 Basketware, n.e.i., 305 Basses, Double, 386. Bassoon (Brass), Contra — Band and Orchestral, 386. Bassoons, Band and Orchestral, 386. Bathbricks, 269. Batteries — Galvano-cauiery, and Appliances, 442. Glass Cells for, 2$», Storage (Electric), i79(Aj. Bayonets, 135 or 139(E). Bay Rum, 8. Beads (Jewellery), 335. Beakers, Glass, 256. Beams, Rolled Iron or Steel, 183. Beans, Cocoa, 45(D). Bearings — Ball, 162(A). Roller, 162(A). Bed Spreads, 117(A). Beds- Air (Rubber), 351(A). Rubber, Water, 351(A). Beer — Non-spirituous, 2. Spirituous, i. Beeswax, 42. Bellows, 306(A). Bells, Cycle, 378. Belt Butts, Leather, 353(C). Belt Fasteners (Machine), 202. Belting- Canvas, 353(A). Composition, 353(A). Compounds, 261(B). For Apparel, 134(A). Cireenhide, 3!53(a). Leather, 353(aj. Rubber, 353(A). I insel, 134(B). 'Jinselleil, n.e.i., 134(A). Belts- Cartridge, i39(Ey Cross (Naval and Military), 135. Surgical, 427. Waist (Naval and Military), 135. Benders, Tyre, 165(B). Bending Rolls, 165(B). Benzine, 234(K). Benzoline, 234(K). Bequests to Public Institutions, 441. Berlin Black, 237. Betting Books, 357(A). Bicarbonate Soda, 289. Bicycles — " Frames, 372. Motor, 374. N.E.I., 372 Parts, see " Cycle Parts." Bifurcated Rivets, 211. Billets, Iron and Steel, 229(8). Bill Files, 357(A). Billheads 357(A). Billiard Balls, in the rough, -502. Binder Twine and Yam, 401. Binders — Maize, 152(A). Paper, 357(A). Reapers and, 229(D). Bioscope Films, 341(B). Bioscopes, 341(A). Birch Tar Oil, 235. Bird Food n.e.i., 88(a). Birds (natural), 11c. Birthday- Albums, 357(A). Cards, 357(a)- Biscuits, 35. Bisulphites — Calcium, 278(A). Magnesium, 278(A) Potassium, 278(A). Sodium, 278(A). Blacking, 230. Black Lead, 231(A). Blacks — Berlin, 237. Bone, 239. Brunswick, 237. Foundry, 231(A). Ivory, 239. Lamp, 239. Stoving, 237. Vegetable, 239. Blanketing, 114. Blankets — Except of Rubber, 114. Printing Machine, when imported with machine, &c., 447. Rubber or Wool, for Printing Ma- chines, when imported with ma- chine, &c., 447. Blind Acorns, 118. Blind Institutions' imports, 431. Blind Laths, 303(l) Blind Tassels, n8. IIT)!! Index to Acts. Customs Tariff 1908-1911 (Items) — continued. Blinils n.c.i. (not attiiclicd to rollers), ii8. Hlock Fasteners for Lasts, 203. Ulock Juice (Licpiorice), 46(B). Blocking Tross (Hydraulic) for Sitrw Hats, 165(B). Blocks— Aluminium, 191. Mr:iss, 195. Britannia Metal, 191. Bronze, 191. Chain and Travelling, 162(A). Copper, 198. ("rfrman Silver, 191. Last (rouf^h turned), 307(D). Memo.. 357(A). Nickel, 191. riatinum, 207. Sketcli, 357(A). Travellinf,' (and Chain), 162(A). Yellow Metal, 191. Zinc, 228. Bkioms, Iron and Steel, 229(B). Blotters (Stationery), 357(A). Blottinn; Cases and Pads, 3S7(A). Blotting Paper, 356(1). Blowers — Rotary and Turbo, 162(A). Blow-pipe Cabinets (fitted), 448(C). Blue- Laundry, 36. Ultramarine, 239. Boards — Academy, 364(c). Cardboard, 356(n). Coated n.e.i., 356(p). Corrugated Strawboard, 357(A) Definition of " Board," 356 (foot note). Electrical Distributing, 177(c). For coating with Photographic Emulsion, 356(ee). For coating, 356(q). Greybeard, 356(N). Leatherboard, 356(N). Lined, 356(11). Manillaboard, 356(n). Millboard, 356(n). N.E.L— Coated, 356(p). Pasteboard, 356(N). Plough Mould, 146. Strawboard, 356(K). Strawboard, Corrugated, 357(A). Strawboard made into bottle enve- lopes, 357(A). Unlined, 356(11). Woodboard, 356(n). Boats, 392(D). Bodies n.e.i. (Carriage), 380(B). Bodies of Motor Cars, Lorries, or Waggons, 380(D). Bodies— Perambulator and Go-Cart, 376. Boiler Covering — Asbestos, 424 Hair Fabric and Hair Material for covering steam pipes and boilers, 125. Boiler Cylinders, Corrugated, 188 Boiler Kelt, 125. Boiler Mattresses, Asbestos, 424 Boiler (Sugar) Coils, 188. Boiler Tubes, 182. Bolster Cases, 117(A). Bolt Kings (Jewellery), 336. Bolt Screwing and Nut Tajjping Ma chines, 165(B). Bolts- Carriage, § inch anrl under, 194 Fish, 180. N.E.L, 184. Bombardons — Band and Orchestral, 386. Bon-bons, 45(A). Bone — Articles n.e.i., 426. Black, 239. Bonnet — Forms n.e.i., 121(0). Frames n.e.i., 121(D). Ornaments, 134(A). Shapes n.e.i., 121(D). Trimmings, 134(A). Bonnets n.e.i., lai(D). Bookbinders' — Cloth, 130. Staples, 357(A). Booklets, Birthday, Xmas, &c. (as specified), 357(A). Book-markers, 357(A). Books- Account, Betting, &c. (as specified), 357(A). Fashion, 356(v). N.E.L, 371. Boot Elastics, 351(A). Boot Looping', 106(A) Boot Uppers and Tops, 345. Bootmaking Machine Tools n.e.i., 165(B). Boots and Shoes — Boots n.e.i., 345. Goloshes, 346. Ornaments for Shoes, 1.34(A). Piece Goods, suitable for use in manufacture of, 347. Plimsolls, 346. Rubber — Gum and Wading, 348. Rubber, Sand, 346. Slipper Forms, 347. Slippers n.e.i., 345. Bordered or Ruled Papers, 357(A). Bordering Paper, Boxmakers', 356(0) Borders, Mantel, 117(A). Boric Acid, 278(A). Boring Machines — Artesian, i6s(a). Rock n.e.i., 176(F). Boring Tools, Artesian, n.e.i., 165(B). Index to Acts. 1151 Customs Tariff 1908-1911 (Items) — continued. Bottle- Marbles (Glass), 258. Stoppers for fancy, ground, or cut glass Bottles (containing goods, &c.), 260(F). Stoppers, Glass, 259(c). Stoppers, n.e.i., 258. Settles— Cut Glass, containing goods, &c., 260(F); (empty), 259(0). Empty up to 5 drams, 259(B). Fancy, containing goods, &c., 260(F) ; (empty), 259(c). Ground, containing goods, &c., 260(F) ; (empty), 259(c). Injection, 351(A). Ink, 357(A). Ligature (Ophthalmic), 449. N.E.I., containing goods not sub ject to ad val. duty, 260(A) to (F). N.E.I., empty, 259(A). Syphon, 251. Bottling Wax, 357(A). Boxes — Cardboard, 357(A). Collar, 387(A). Dressing, 387(A). Fancy, 387(A). Fancy, containing ad valorem goods, 387(C). Fancy, containing other than ad valorem goods, 387(B). Glove, 387(A). Hand, 387(A). Handkerchief, 3S7(a). Jewel, 387(A). Match (empty), 356(8) or (T) Match (Fancy), 326. Mitre, 306(A). Musical, 381. Paint (fitted), 331. Pen and Pencil (School), 364(H). Pencil, School, 364(1). Smokers', 415. Snuff, 326. Spur, 212. Timber, cut to shape, &c., for, 303(D)(2) and 303(T). Toilet, 387(A). Travelling, 387(A). Trinket, 387(A). Vesta and Match (empty), 3^6(5! and (t). Work, 387(A). Boxmakers' Borderings (Paper), 356(0) Boxwood, Engravers', 303(aa). Bracelets and Watches combined, 336. Bracelets, unset, or set with imitation stones, 333. Braces, Surgical, 427. Bracket Shells, Cycle, 379. Brackets — Bottom, Cycle, 379. Gas and Electrical, 178(A). jBrads, 156(B). Braids — Cotton Featherstitch, 134(B). Featherstitch, Cotton, 134(B). Gold or Silver, 336. Naval and Military, 135. N.E.I., 134(A). Plain (other than Cotton Feather- stitch), &c., 134(B). Brake Screws, 175(A). Bran, 65(A). Brass — Scrap, Angle, Tee, Bars, Rods (plain). Blocks, Plates (plain), Sheets (plain), Pipes (plain). Tubes (plain, and Strips, 195. Brasswork for Trades, 172. Brattice Cloth, 130. Breast Supports, Surgical, 427 Brewers' Priming Sugars, 29. Bricks — Bath, 269. Fire, 247. Glazed, 247. Bridge Iron or Steel, Rolled, 183 Bridges (Cycle), 379. Bristles, 395(A). Britannia Metal, 191. Brobs, 156(C). Bromide Salts, 282. Bronze, 191, Bronzework, 172. Bronzing Liquids, 230. Bronzing Powders, 232. Brooch — Glasses, 254. i'ins, 335. Brooches, unset, ai set wttii ioiitation stones, 333. Broom Corn Millet, 37. Broom Stocks, for mckJotag Broom Handles, 303(v}. Brooms, 394. Browns, Paper, 356(1) (i). Browns (Paper), nature or octre, 356(1) (I). Brownware n.e.i., 243. Brunswick Black, 237. Brunswick pattera Foxtail Chain, 335 Brush and Comb Bags, 117(A). Brush Sets for Halls, 395(A). Brushes — Artists', 395(B). Bristles, 395(A). Brush Sets for Halls, 395(A). Hair, 395(A). N.E.I., 395(A) Scrubbing, 395(A). Tooth, 395(A). Brushmakers' — Turnery, 308. Twine, 398. Woodware and Tucoery, 308. Buckets, Wooden, 325. Buckles, 134(B). Buckles (gold or silrer) for attire, 336. 1 1 :^'^ Index to Acts. Customs Tariff 1908-1911 (Items) — continued. Buggy- Aprons, 114. Parts, see " Vehicle Parts." JUigs, 114. HuKles, Rand and Orchestral, 386. Hulk Dves for Manufacturing, 239. Mullets,' 138. Mil I lion, 338. Hullion, ilmbroidery — Gold and Silver Wire for, 338. Hunchers, Lucerne, 152(A). Rungs, Cork, 408(A). Rnnj^s, Wood, 306(A). Rtinting, 125. Rurning Oils, Refined Petroleum, 234(P). Rutter, 39. Ruttnn Hole Punching and Sewing Machines, 163. Rutton Hooks, 326. Riittons, 134(B). Ruttons, Cold or Silver, for attire 336- Ruttons. Naval and Military, 135. Rutts, Belt (Leather), 3,S3(C). By-law, Departmental — means By-law made by the Minister, and published in the Gazette (see Introductory Notes to Schedule, su-pra, p. 225). Cabinets — Bacteriological (slide), 448(0). Blowpipe (fitted), 448(c). Microscopical (fitted), 448(c). Mineralogical (fitted), 448(c). Sewing Machine, 163. Cable (covered), Electric, 179(A). Cachets, Medicinal, 292(A). Cachous, 45(A). Cadet Rifles, 139(G) Cake — Linseed, 74. Oil, 74. Calcium — Bisulphite, 278(A). Carbide, 277. Calendars n.e.i., 356(A). Calf Leather, 353(B)(2). Calorimeters, 448(c). Calves' Foot Jelly, 69. Camel Hair Cloth for pressing crushed Copra, 127. Cameos, 338. Cameras, 411. Camphor, 296. Canary Seed, 97(A). Candied Fruits, 45(A). Candied Peel, 54(c). Candle Carton Paper, 356(1) (i). Candles — N.E.I., 40(B). Paraffine Wax, wholly or in pan 40(A). Candy, Sugar, 45(A). Cane — Articles made of, n.e.i., partly 01 wholly finished, 304. Chairs (not cane with wooden frames), 299(c). Compressed (in sheet and un shaped), 307(c). Enamelled, 307(c). Harvesters, 145. Loaders and Unloaders, 145. Lounges (not cane with wooden frames), 299(B). Settees (not cane with wooden frames), 299(B). Unloaders, 145. Canes and Rattans, 307(B). Can-making and Closing Machines, Automatic, 165(A). Cans, Supply, 148. Canvas, 129. Canvas Belting, 353(A). Canvas Hose for Fire Brigades, 433. Capers, 93(A) to (e). Cap Papers, n.e.sp., 356(1) (i). Cap (Tissue) Paper, 356(cc). Caps, Glass, for Fruit-jars, 253(A). Caps (headwear), n.e.i., 121(E). Caps, Percussion, 409(F). Capsules — Medicinal, 292(A). Metallic, 196. Caramel, 45(F). Caramel — Butter, 45(F). Paste, 45(F). Carbide Calcium, 277. Carbolic Acid, 279. Carbon — Blocks, 179(A). Paper, 356(ff). Carbonate — Ammonia, 275(A). Magnesium, 240(A). Soda, 289. Carbonic Acid Apparatus (glass), 256 Carbonic Acid Gas, 276. Carbons, Electric Arc Lamp, 179(B). Cardboard, 356(n). Cardboard Bo.xes, 357(A). Card — Cases, 326. Hangers, 357(A). Cards — Birthday, Xmas, &c. (as speei fied), 357(a)- Date, 357(a). Playing, 356(0). Post n.e.i., 357(A). Scripture, 419(A). Show (n.e.i.), 356(A). Camauba, 42. Carpet Felt Paper, 356(1) (i) and (l) (3)- Carpet Sweepers, 394. Carpeting, ir5. Carpets, ri5. Index to Acts. 1153 Customs Tariff 1908-1911 (Items) — continued. Carriage — Bolts, I in. and under, 194. Lamp Irons, 141(A). Mats (Rubber), 350(D). Mats (textile, except Coir), 115. Carriages — Ladder and Hose, 433. N.E.I., see " Vehicles." Carriers, Parcel, 378. Carton Paper, Candle, 356(1) (i). Cartons, Printed or Embossed, 356(A). Cartridge — Belts, x39(E). Cases, empty, 409(1). Paper, 356(J). Wads, 409(E). Cartridges — Military, 409(G). N.E.I , 409(A). Caseine, 261(B). Cases — Accident Emergency, 442. Blotting, 357(A). Bolster, 117(A). Card, 326. Cartridge, 409(1). Collar, 387(A). Date, 357(A). Dressing, 387(A). Fancy, 387(A). Glove, 387(A). Gramaplione Cases imported with Machines, 342. Gun, Pistol, Revolver, and Fn tings, 139(E). Hand, 387(A). Handkerchief, 387(A). Jewel, 387(A). Nightdress, 117(A). Pencil, wholly or partly of gold, silver, aluminium or nickel, 364(G). Phonograph Cases imported with Machines, 342. Pillow, 117(A). Pistol, 139(E). Revolver, 139(E). Smokers' Requisite, 415. Spectacle, 343. Stationery, 357(.-%). Talking Machine Cases imported with Machines, 342. Toilet, 387(A). Travelling, 387(A). Trial (Ophthalmic), 449. Trinket, 387(A). Writing, 357(A). Cash Mats, Rubber, Cash Registers, 159. Casings — Sausage, 82. Water Bore, 182. Casks — N.E.I., empty, 322. Shooks, 324. 350(A). Cast Iron — Fittings for Pipes, i8i. Kitchen Cooking Utensils, 170(D). Pipes, 181. Castings, Malleable Iron, 170(E). Castor Oil, 234(1). Casts, Teaching, 439. Catalogues — Other than trade, n.e.i., 371. Trade n.e.i., 356(A). Catches — For Pins, 335. Window, 205(A). Transom, 205(A). Cathedrals — Paintings for, 419(c). Cathetometers, 448(c). Cathodes for plating purposes, 193. Cattle, Horned, except for stud pur poses, 33(A), Cattle Washes, 284(A). Caustic Holders (Ophthalmic), 449. Caviare, 53(B). Ceiling and Wall Parts and Decora tions n.e.i., 422. Cells (glass) for Batteries, 252. Celluloid Articles n.e.i., 426. Cement — Articles n.e.i., composed of, 240(B). Dental, 442. F'ibro n.e.i., 247. N.E.I., 261(B). Portland, 240(A). Reinforced, Articles composed of, 240(B). C'^r tering Machines, 165(B). Ceramic Colours, 239. Ceramic Transfers, 361. Cerates, 292(A). Ceresine, 42. Certificates, &c., sent from abroad, 444. Chaff, 67. Chaff-cutter — Knife steel, 221. Knives, 146. Chaffcutters, 146. Chain Blocks, 162(A) Chain — Jewellery, machine-made in the rough,' 335. Lace, 335. Not made into serviceable ar- ticles, 197. Wheels, Cycle, 379. Chains, Cycle, 379. Chairs — Bamboo, 299(c). Cane (not cane with wooden frames), 299(c). Wicker, 299(c). Chalk, French, 231(B). Chamois Leather, 354(B). Chandeliers, 178(A). 1154 Index io Acts. Customs Tariff 1908-1911 {Items)— continued. Channel milking draders, 145. Ctiinnels, Rolled Iron or Steel, 18 < Character Albums, 357(A). Charts — Kor Manuscript use, 357(A). N.K.I., 365. Chassis of Motor Cars, Lorries, or Waggons, 380(E). Check, Collar, 126. Cheese, 39. Cheese Tresses, 148. Chemical Scales, 213. Chemicals n.e.i. (Drugs and), 287. Chemicals, packed for use in tke house hold, n.e.i., 292(A). Chemists' Counter Scales, 158. Ciiei|ue Books, 357(A). Chicory, see " Coffee and Chicory." China Oil, Denaturated, 234(H). Chinaware, 241. Chin Rests, Violin, 385 Chloride of Gold, 410(A). Chloride of Magnesium, a4o(A). Chocolate — For potable use, in powdered form, 45(c). Prepared for edible or potable use, not in powdered form. 45(A)- Christmas Cards and Booklets, 357(A) Chrome Steel Parts, 170(B). Chronometers — N.E.I., 339. Ships', 340. Churches — Paintings for, 419(c). Stained Glass Windows for, 417(B). Churns, 148. Chutney, 93(A) to (e). Cider — Non-spirituous, 2. Spirituous, i. Cigar— Holders and Accessories, 415. Lighters, 415. Stands, 415. Cigars, 24. Cigars : Tobacco to be manufaskuxed into, 22. Cigarette Holders and Accessoriei<. 415- Cigarettes, 25. Cigarettes : Tobacco to be mantifac tured into, 21. Circles — Printers', 209. Zinc. 227. Citric Acid, 290. Citrus Fruits, 56. Clarionettes, Band and Orshesfcsal, 386. Clasps, 134(B). Clasps, Gold or SiWer, fo? Attire, 336. Clasps, n.e.i. (jewellery), 335. Ciay Smoking Pipes, 416. Cleaning Tools for Guns, &c., 139(8). Clinical Thermometers, 340. Clips — Curtain, ii8. Inflator, 378. Letter, 357(A). Toe, 378. ; Trouser, 378. Clocks n.e.i., 339. Clock Springs, 340. Clogs n.e.i., 345. Cloth (see also "Cloths") — Asbestos, 423 (a) and (B). Bookbinders', 130. Brattice, 130. Camel Hair, for pressing crushed co[)ra, 127. Collar, 126. Emery, 356(x). Filter, for mines, 127. Flint, 356(x). Hop, 127. Horse-hair, 127. Horse-hair and Cotton or Wool, 127. Leather, 123(E). Oil, 235. Stay, 369. Tinsel, 134(B). Waterproof, Rubbered, 123(G), Clothes Washing Machines, 144. Clothes Wringers, 144. Cloths (sec also "Cloth") — Floor, 115. Imitating Furs (Piece Goods), 123(D). Top, for Ruling Machine, when imported with machine, &c., 447. Clumps, Printers', 209. Clutches, Free Wheel (Cycle), 379. Coal Cutting Machines, 176(E). Coal Tar Oils, 234(k). Coated Boards n.e.i., 3.s6(P). Cocoa — Beans, 45(D). Butter, 45(F). Mass Paste, 45(E). Nibs, 45(E). For potable use, in powdered form, 45(c). Prepared for edible or potable use, not in powdered form, 4.5(A). Shells, 4.5'E). Slab, unsweetened, 45(E). C'iconuts, 86(a). Coconuts for manufacture of Oil and Oil Cake, 86(b). Coconuts, prepared, 86(c). Coffee and Chicory — Ground or Roasted, 47(B). Kiln Dried, 47(A). In liqnid form, 47(B). Mixed with milk or other sub stance, 47(B). Raw, 47(A). Roasted or Ground, 47(B). Index to Acts. 1155 Customs Tariff 1908-1911 (Items) — continued. Coils — Ammonia Condenser, i88. For Sugar Boilers and the like, 1 88. Induction, 177(A). Coin, 338. Coins, Old, 332. Coir — Fenders, 116. Matting, 116. Mats, &c., 116. Yarns, 400(E). Coke, 396. ( ollaf)sible Tubes, 224. Collar — Boxes, &c., 387(A). Check, 126. Cloth, 126. Collections of Antiquities for Public Institutions, 436. Colleges — See " Universities, Colleges, &c.' Collodion, 5. Colour — Analysis Apparatus, 448(E). Comparison Apparatus, 448(E). Tests (Ophthalmic), 449. Colours — Artists', 239. Ceramic, 239. Dry n.e.i., 236(D). Ground in Liquid, 236(A) or (b). Prepared for use, 236(B). Columns, Rolled Iron or Steel, 183. Combinations of Dutiable and Free Articles (the combination not being otherwise dutiable) (see Introductory Notes to Schedule, sufra, p. 225). Combs, Toilet, 328. Commercial Oleic Acid Oil, 234(1). Commonwealth Government Imports, 428. Companions, 387(A). Compasses, Magnetic, except, &c., 340. Composition Belting, 353(A). Composition — Damp-wall, 237. Printing Roller, 262. Roller, 262. Ships' Anti-fouling, 236(c). Compounds — Belting, 261(B). Chemical n.e.i., 287. Lead and Antimonial, 190. Welding, 425. Compressed Cane (in sheet and un shaped), 307(c). Computing Machines, 159. Condenser (Ammonia) Coils, 188. Condensers, Platinum, 208. Condition Foods, 88(a). Confectionerv, Medicated, 45(A). Confectionery, N.E.I., 45(A). Confectionery, Ornamental, not edible. 45(B)-. Confectionerv, Packets containing Triii kets, 45(a). >. on lections. Medicinal, 292(A). Confetti Paper, 3S7(A). C onnexions, Inflator, 378. C onsuls' Uniforms, Flags and Office Requisites, 432. Containing Packages (Outside) n.e.i., 450- ( ontra Bassoon (Brass) — Band and Or- chestral, 386. Controlling Apparatus, Electric, 177(c). I onveyors and Elevators, Pneumatic, 162(A). I ooking Appliances, Electric, 172(E). Cooking Oils, 234(F). Cooking Utensils of Cast Iron, Alu- minium or Nickel, 170(D). C oolers. Dairy, 148. ( oppcr— r Strips, Scrap, Angle, Tee, Bars, . Rod (plain). Blocks^ Wire, Plates (plain). Sheets (plain). Pipes (plain), and Tubes (plain), 198. Sulphate, 239. Washers and Rivets, 225. Copra, 87. Copy Books, 357(A). Copying- Apparatus — Duplicating (Typewrit- ing, &c.), 405. Books, 357(A). Paper, 356 (CC). Coral, unset, 338. Cor. Anglais (Wood) — Band and ©r chestral, 386. Cord- Asbestos, 423(A). Gold or Silver, 336. Manufactures n.e.i., 398. Cordage — Metal, 404. Metal Core, 398. Metal with core of other material, 404. N.E.I., 398. Sliver, 398. Unserviceable, for Paper Manu- facture, 403. Corduroys (Piece Goods), 123(E). Cork Manufactures and Corks — Bungs, 408(A). Corks n.e.i., 408(B). Corks, Rubber, 350(A). Manufactures n.e.i., 407. Mats, 407. Rings, 408(A). Small Corks (up to 8-oz. bottles), 408(A). Socks or Soles n.e.i., 345. Corn — Flour, 65(c). Huskers, 146. Sacks, 113. Shellers, 146. Sheller and Husker (combined), 147(A). Sheller, Husker, and Bagger (com- bined), 147(A). 1 1 ')(; Index to Ada. Customs Tariff 1908-1911 (Items) — continued. Comets — Band and Orchestral, 386. Cornophones — Hand and Orchestral, 386. Coronets, 335. Corrugated — Cylinders for Boilers, 188. Iron, 140. Strawbr.ard, 357(A). Corsets, Surgical, 427. Corsets, 106(B). Cor. Tenor (Brass) — Band and Oi chestral, 386. Cosies, 117(A). Lostumes, Theatrical, 443. 'otter Pins, Cycle, 379. Cotton — Fuse, 409 (j). Gins, 152(A). Packing, 423(A). Piece Goods, 123(E). Piece Goods, defined, &c., for handkerchiefs and serviettes, 123(H). Seed, 98. Seed for the manufacture of Cake and Oil, 99. Socks and Stockings, 132(B). ■Wool n.e.i., 124. Yarn, Mercerised, 400(D). Yarn n.e.i., 400(c). Cottons — Household, 402. N.E.I., Sewing (manufacturing). 402. Tucked (Piece Goods), 123(D). Counterpanes, 117(A). Counter! — Pocket, 339. Revolution n.e.i., 163. Speed n.e.i., 163. Counting Apparatus (Bacteriological), 448(D). Cover Paper, 356(m). Covers — Gun, Pistol and Revolver, 139(E) Pillow, 117(A). Saddle, 378. Sewing Machine, 163. Table, 117(A). Typewriter, 163. Tyre, 350(B). Cranks, Cycle, 379. Crayons, 239. Cream (included with milk), 83. Cream Separators, 152(B). Cream of Tartar, 290. Creosote — Oil, Crude, 279. Cresylic Acid, 279. Crochet Hooks, 206. Cropping and Notching Machines, 165(B). Cross Belts (Naval and Military), 13Q Crosses, Immortelle, 421. Crossings for Railways, &c., 180. Crowns and Bandeaux for Hats, 134(A). Crucibles, 248. (^rucibles, Metal, 154. Crucibles, Porcelain (Scientific Instru ments), 242. Crystallized Fruits, 45(A). Crystals, Soda, 298. Culinary Essences, non-spirituous, 88(A).' Cultivators — Disc, 147(A). Handworked, 152(A). N.E.I., 146. Culture Dishes (Bacteriological), 448(D). Cupping Instruments, &c., 442. Cups, Cycle, 379. Curios, Aboriginal, 332. Currants, 54(A). Currv, manufactured (paste or powder), 93(F)- Curtain — Bands, ir8. Clips, 118. Holders, 118. Loops, 118. Curtains n.e.i., 118. Curves, Printers', 209. Cushions, 117(A). Cushions, Air — Rubber, 351(A). Cutlery n.e.i., 153. Cutters, Root, 152(A). Cyanide — Potassium, 282. Sodium, 282. Cycle Parts (and Accessories) — Accessories and parts thereof, 378 and 379. Axles, 379. Ball Heads, 379. Balls, 375. Bands, Toe, 378. Bells, 378. Brackets, Bottom, 379. Bracket Shells, 379. Brazed n.e.i., 378. Bridges, 379. Chains, 379. Chain Wheels, 379. Clips, Trouser, Toe, and Inflator, 378. Cotter Pins, 379. Covers, Saddle, 378. Cranks, 379. Cups, 37q. Enamelled, n.e.i., 378 Fork Ends, 379. Fork Sides (Rough), 375. Free Wheel Clutches, 379. Hubs, 379. Inflator Clips and Connexions, 378 Inflators, 379. Einers. 375. Lock Rings, 379. Locking Pins, 379. Lubricators, 379. Lugs, 379. Index to Aci- 1157 Customs Tariff 1908-1911 (Items) — continued. Cycle Parts (and Accessories) — con- tinued. N.E.I., 379. Nipples, 379. Parcel Carriers, 378. Pedals and Parts, 379. Permanenfly joined ne.i., 378. Pins, Cotter and Locking, 379. Plated n.e.i., 378. Repair Outfits, 378. Rims, 378. Saddles and Saddle Covers, 378 Spokes, 379. Sprocket Wheels, 379. Steel Bars for Rims, 379. Toe Clips and Bands, 378. Trouser Clips, 378. Tubing, bent, not brazed or plated, 375- Tubing (Rough), 375. Valves, Pneumatic Tyre, 379. Washers (Spoke), 379. Cycles, Motor, 374. Cyclometers, 379. Cylinders — For Anhydrous Ammonia and fof Gas, 199. Corrugated, for Boilers, 188. Platinum, 208. Cymbals, Band and Orchestral, 386. Dairy Coolers, 148. Damp Wall Compositions, 237. Darning Machines, 163. Dashboards of Motor Cars, &c., 380(D). Date Cases and Cards, 357(A). Dates, 34(B). Deaf and Dumb Institutions' Imports, 431- , , Decomposing Water Apparatus ('lass), 256. Decorations — Sent from abroad, 444. Wall and Ceiling n.e.i., 422. Degras, 235. Demonstrating Apparatus (Ophthal- mic), 449. Denaturated Spirits, 7. Denims (Piece Goods), 123(E). Dental — Alloy, 442. Cements, 442. Instruments and Appliances (as specified), 442. Rubber, 442. Departmental By-law means By-law made by the Minister, and pub- lished in the Gazette (see Introduc tory Notes to Schedule, sufra, p 225)- Desiccated Banana, 54(C). Desks, Writing (not furniture), 357(A) Detectors, Time, 159. Detergents, Compounded, ioo(b). Detonators, 409(H). Dextrine, 263. Diabetic Food, 88(b). Diagrams (Wall) of Natural History 437- Dial Micrometers, 448(c). Diary Books, 357(A). Diggers, Potato, 152(A). Directories, Australian, 356(c). Disc Cultivators, 147(A). Discs for Agricultural Implements, 147(B)- Discs, Paper, 357(B). Dishes — Culture (Bacteriological), 448(D) Evaporating, tor Laboratory use, 242 Roasting, 248. Staining (Bacteriological), 448(D). Disinfectaiiit.— Bulk, 284(A). Formalin, 284(B). N.E.I., 284(B). Dissecting Instruments, &c., 442. Distempers, 236(H). Distributing Boards, Electrical, 177(C) Dividing Engines for graduating Bars Tubes and Circles, 448(c). Diving — Apparatus, 155. Dresses, iii. Doblophones — Band and Orchestral, 386. Dog Traps, 210. Dogs, Rail, 156(c). Donations to Public Institutions, 441. Doors — Fly, 3"- Timber cut to shape for, 303(T). Wood, 311. Double Basses — Band and Orchestral, 386. Douches, Eye (Ophthalmic Instru- ments), 449. Doyleys, 117(A). Drafting (Garment) Machines, 164. Drapery Furnishing, Articles of, 117(A). Drawing — Books, 357(A). Instruments, 448(c). Slates, 368. Dredging Machinery, 176(A). Dredges, 3g2(A). Dress Nets (Piece Goods), 123(D). Dressed Feathers, no. Dresses, Diving, in. Dressing and Instrument Trays (Sin gical, &c.), 442. Dressing — Cases, &c., 387(A). Trays (Ophthalmic), 449. [dressings — For Leather, 230. Surgical, 442. 1 1 5S Index to Acls. Customs Tariff 1908-1911 {Items)— continued. Dried— Kriiits, otluT, 54(C). Herds, not medicinal, 6i(Bj. I'eel, 54(C). Vc-jetables, 6i(a). Drills- Agricultural n.e.i., 147(a)- Handworked Seed, 15.2. Rock, 176(D). Droppers, 200(A). Drugs n.e.i., 287. Drugs, packed for household use, n.e.i., 292(A). Drums — Band and Orchestral, 386. I'read, for Indiarubber working, 165(B). Trial (Ophthalmic), 449. Dry- Colours n.e.i., 236(D). Dves, 23c). Gums, 263. Plates, Photographic, 413. White Lead, 236(E). Dryers — Liquid, 237. Patent, 236(E). Drysalted Vegetables, 6i(a), Duck, 129. Dumb, Deaf, and Blind Institutions-- Imports for, 431. Dungaree (Piece Goods), 123(8). Duplicating Copying Apparatus — Type writing, &C., 405. Dusters — Feather, 326. Lap, 115. Dyes — Dry, 339. In bulk, for manufacturing, 239. Paste, 239. Soap, 88(a). Dynamo lilectric Machines, 177(A) and (b). F.ar Wires (Jewellery), 336. Farth Cutting, Dredging and Ex cavating Machinery, 176(A). Earth, Fuller's, in bulk, 295(c). Karthenware — N.E.I., 243. Spurs, 246. Stilts, 246. Thimbles, 246. Easter Cards and Booklets, 357(A). Economizers, Flue-heated, 160(A). Edgings of Textile Material, not for attire, 131. Edible Nuts, 86. Edible Oils, 234(F). Edible Oils, denaturated, 234(G). Educational Institutions, Public — See " Universities, Colleges, &c ' Albumen, dry, 51. Contents, dry (yolk and albumea combined), 49. (Not in shell) in li<|uid form, for use in inarden — Hose Reels, 145. Rollers, 145. Spraying Machines, 145. Syringes, 145. Garment Drafting Machines, 164. Gas — Analysis Apparatus, 255(A). Appliances n.e.i., 178(D). Bags, Rubber, 350(A). Brackets, 178(A). Carbonic Acid, 276. Meter Parts, 178(B) (2). Meters, 178(B) (i). Pendants, 178(A). ■Hasaliers, 178(A). Gasoline, 234(k). Gauzes (Surgical, &c.), 442. Gears, Horse, 146. Gelatine, 261(c). tierman Silver, 191. Ginger — Green, 57. In brine, &c., 54(k). Preserved in liquid, &c., 54(E) to (k). Preserved (not in liquid), 54(D). Ginger Wine, 15. Girders, Rolled Iron or Steel, 183. r^ilass — Apparatus, Scientific, 256. Arsenic Testing Apparatus and Tubes, 255(A). Bent, 249. Bevelled, 249. Bevelled Corners, 249. Bottle Marbles, 258. Brilliant Cut, 249. ('aps for Frnit-jars, 253(A). Cells for Primary and Secondarv Batteries, 252. Corners, bevelled, 249. Corners, cut, 249. Corners, engraved, 249. Cut Corners, 249. Embossed, 249. Enamelled, 249. l-ngraved Corners, 249. Etched, 249. Evaporatinf^ Basins, 2155(A). For Photographic Plates, 253(B). Framed with Metal, 249. Fused Silica, Articles of, 255(B). Gas Analysis Apparatus, 255(A). Heraldic, 249. Lamp parts, &c., 141(B). N E.I., 251. Panes, 249. Patent Plate, 250(A) and (Cl. Plain Clear (Sheet), 250(B). Plate, 250(A) and (C). Polislied and Patent Plate, 25o(a' and (c). Prisms, 243. Retorts, 255(B). Sand-blasted, 249. Scientific Apparatus of, 256. Sheet (Plain Clear), 250(B). Silica, Fused, 255(B). Silvered, 240- Stoppers, 2^o(c) and 26o(f"(. Tiibes and Rods (Resistant (ylass), 255(B). Glasses — Brooch, 254. Field, 33Q. Lenses n.e.i., 254. Locket, 254. Magnifying and Reading, 344 Marine, 339. Opera, 339. Reading, 344 Spectacle, 344 Watch, 254 Glassware n.e.i., 253(A). Glazed Bricks, 247. Glazes for Pottery, Prepared, 239. Globes — Astronomical, 366 Cieographical, 366. Topographical, 366. Glosses, Enamel, 237. Glove Boxes, &c., 387(A). Glove Stretchers, 326. Index to Acts. 1103 Customs Tariff 1908-1911 (Items) — continued. Gloves — Driving, i2o(a). Gardening, 120(A). Harvesting, 120(A). Housemaids', i2o(a). N.E.I., 120(B). Glucose, 27. Glue, 261(A). Glycerine — Refined, 295(A). Unrefined, 296. Glycyrrhizin and its compounds, 278(A) Goatskins — Crust OT rough tanned, 355. Raw, 354(A). Go-Cart Parts, n.e.i., 377. Go-Carts and Bodies therefor, 376. Gold- Articles n.e.i., partly or wholly made of, 336. Bar, Ingot, Sheet, 338. Chloride, 4io(aJ. Filling in Pellets or Cylinders, 442. Medals and Medallions, 336. Size, 237. Wire for Embroidery Bullion, 338. Golden Syrup, 31. Goloshes, 346. Goods — Brought back to Australia after ex- portation without drawback, 446. Sent out of Commonwealth for re- pairs, 445. Governor-General's Imports, 429. Governor's (State) Imports, 430. Graders, Channel-making, 145. Grain and Pulse (not prepared or manufactured), n.e.i., 64(B). Grain and Pulse (prepared or manu- factured) n.e.i., 65(D). Grain Drills n.e.i., 147(A). Grain Shovels, 306(A). Graining Machines, Aluminium Rotary, 164. Grains, Artificial, 136. Gramaphones, 342. Granite, Unwrought, 268(A). Granulated Malt, 77. Graphite (or Plumbago), 231(A). Graters, Root, 152(A). Grease, Axle, 233. Greases, 233. Green Ginger, 57. Green Hide for Belting, &c., 353(A). Green, Paris, 239. Greyboard, 356(n). Grit, Steel, 219 Groceries (Oilmen's Stores n.e.i.), 88(a). Guard Books, 357(A). Guides, Australian, 356(0). Gum Boots, 348. Gums, dry, 263. Gun — Barrels, 139(D), (G), or (H). Cases, Fittings, and Covers, 139(E) Stocks, 139(G). Gunmetal work for trades, 172. Guns, 139(A), (B), or (h). Guns not bearing approved test mark, 139(H)- Gypsum, 240(A). H. Hair- Brushes, 395(A). Cloth (Camel), for pressing crushed copra, 127. Cloth (Horse), 127. Cloth of Horse-hair and Cotton or Wool, 127. Curled, for upholstering, &c., 390. Fabric, for covering steam pipes, &c., 125. Material for covering steam pipes, &c., 125. Natural or Imitation, Articles of, n.e.i., 137(C). Nets, Natural or Imitation Hair, 137(c). Springs, 340. Wigs, 137(A). Half -hogshead Shooks, new, 324. Halters, 398. Hammers — Piano, 385. Pneumatic, r65(B). Steam, 165(B). Hams, partly or wholly cured, 81 Hand— Bags, Baskets, &c., 387(A). Cultivators, 152(A). Drills (seed), 152(A). Worked Rakes and Ploughs, com- bined, 152(A). Handkerchief — Boxes, &c., 387(A). Sachets, 117IA). Handkerchiefs, Cotton, 117(B). Handkerchiefs, Linen, 117(B). Handles — Pen, 364(D). Piano, 385. Tool (of wood) n.e.i., 309(A) and (B). Hangers, Card, 357(A). Hangers, Coat, 106(A). Harnessmakers' Materials (as specified^, 212. Harness n.e.i., 352(A). Harps, Band and Orchestral, 386. Harrows, 146. Harvester Parts, Stripper, 151 Harvesters — Cane, 145. Maize, 152(A). Stripper, 149. (-.4 Index to Acts. Customs Tariff 1908-1911 (Items) — continued. Hut (l-VIt) Makinfj Machinery, ib^lA) Forms n.e.i., 121(D). Frames n.e.i., 121(D). Makers' Tress Haj^s and Rings (rubber), 3So(a). Making — Hydraulic Hlocking Press for Str:iw Hats, 165(B). OrnameiUs for, 134(A)- Shajies n.e.i., 121(D). Trimmings for, 134(A). Hats- Crowns and Bandeaux for, 134(A). F'elt, Fur, 121(B). Felt, Wool, i2i(A». Fur Felt, 121(B). Miners', 121(C). N.E.I., 121(D). Sewn n.e.i., I2i(£). Wool Felt, 121(A). Hatters' F^ur, not on the skin, 119(c) Hautbois, Band and Orchestral, 386. Hay, 67. Hay Tedders, 152(A). Heaters, Solid Spirit, 41. Heating Appliances, Electric, 177(E). Heating Lamps, Primus, &c., 141(c) Heels, Rubber, 350(A). Helmets, Firemen's, 121(C). Hemp — Seed, 97(A). Yarns, 400(A) Herbs, Dried (not medicinal), 61(B). Hessians, 130. Hickory — Felloes, Rims, and Spokes in the rough, &c., 303(00) (i), (2), and (3). Spokes, dressed, 2 inches and under, 303(x). Undressed, 303(y). Hide — Green, for belting and other purposes, 353(A). Hides, Lined or Fleshed or Split, 353(D). High-speed Reciprocating Steam En gines, 160(B). Hinges, Piano, 385. Hods, 306(A). Hogshead — Shooks. new, 324. Shocks, second-hand, 324. Hogsheads — Empty, second-hand, 323. Second-hand, empty, 323. Hogskins, 354(A). Hoists for underground use, 162(A). Holders — Caustic (Ophthalmic), 449. Cigar and Cigarette, and Acces- sories, 415. Curtain, 118. Music, for Band or Orchestral In- struments, 385. Pen, 364(G) and (j). Honey, 6g. Hoods — Pull-over, 121(D). Vehicle, 380(11). Hooks — And Eyes, for apparel, 206. Button, 326. Ciochet, 206. Fish, 399. For Plating purpDses, 193. Screw, 215. Hoop Iron and Steel, 229(c). Hup-cloth, 127. Hops, 70. Horned Cattle, except for stud pur poses, 33. Iliirns — Flugel (Band and Orchestral), 386. For Phonographs, &c., Excepted from, 342. French (Band and Orchestral), 386. Koenig Tenor (Band and Orches tral), 386. Shoe, 326. Vocal Ballad (Band and Orches tral), 386. Horse — Gear for ChafTcutters, 146. Hair Cloth, 127. Hair Cloth of Hair and Cotton o! Wool, 127. Rakes, 152(A). Road Machines, 145 Road Rollers, 145. Shoe Nails, i56(aJ. Washes, 284(A). Winnowers, 147(A). Horses, except for stud purposes, 33(D). Horticultural — Machinery, as defined, 152. Machinery and Implements n.e.i., 145- Hose — Carriages, 433. India-rubber — Machines, 165(B). i-^eels, Garden, 145. Rubber and other, 349. VVoven Canvas, 25 inches and over, for Fire Brigades, 433. Hosiery Yarn, 400(F). Hospital Furniture n.e.i., 299(A). Hospitals, Public — Metal Furmiiirf for, 440(B). Hospitals, Public — Scientific Iiiilru- ments, &c., for, 44o(.a). Hot Air Apparatus for legs and arms, 442. Household — Preparations used in the, 88(a). Threads and Cotton, 402. Hubs- Cycle, 379. Elm, 303(2). Prejiared, n.e.i., 303(0). Husker and Shel'er combined, Com, 147(A). Index to Acts. 1165 Customs Tariff 1908-1911 (Items) — continued. Husker, Sheller, and Bagger com bined, Corn, 147(A). Huskers, Corn, 146. Hydraulic Blocking Press for Straw Hats, 165(B). Hydrometers, 448(A) or (B). Hydrosulphites containing Zinc Sul- phite and Formaldeheyde, 286. Hyposulphites (Thiosulphites), 286. Illustrations — Pictorial, Teaching. 43g Imitation — Jewellery n.e.i., 337. Precious Stones, 337. Imitations — Cloths imitating Furs, (Piece Goods), 123(D). Piece Goods imitating or resemb- ling Flannels, 123(F), To be dutiable at the rate charge able on the goods they imitate, unless such rate is less than the rate which would otherwise be chargeable on the imitations. [See Introductory Notes to Schedule, swpra, p. 225). Immortelle Crosses and the like, 421. Implements — Agricultural, Horticultural, Viticul tural, 152. Agricultural n.e.i., 145. Horticultural n.e.i., 145. Viticultural n.e.i., 1415. Impression Trays, 442. Incandescent Mantles, 141(0). Incubators — Bacteriological, 448(D). N.E.I., 148. India-rubber, see " Rubber." India-rubber Working Machine Tools, 165(B). Indicators, Steam Engine, 163. Indoor Games, Articles for, 326. Induction Co'ls, 177(A). Indurated Fibre Articles n.e.i., 426 Infants' Food, 89. Inflator Clips and Connexions, 378. Inflators, Cycle, 379. Infusions — Medicinal, 292(A). Spirituous, q. Ingots — Aluminium, 191. Britannia Metal, 191. Bronze, 191. German Silver, 191. Gold, 338. Iron and Steel, 229(B). Nickel, 191. Silver, 338. Yellow Metal, 191. Zinc, bored or unbored, 227. Injection Bottles, Rubber, 351(A). Ink— Bottles, 357(A). For Leather, 230. News Printing, 359. Powders, 360. Printing n.e.i., 358. Reducer, Printers', 237. Stands, 357(A). Stencilling n.e.i., 358. Wells, 357(A). Writing, 360. Insecticides — Bulk, 284(A). N.E.I., 284(B). Institutions [see also " Public Institu tions ") — Blind, Deaf, and Dumb, imports by, 431- Public, Bequests or Donations to. 441- Public Educational, Machinery for instruction purposes, 441. iBstrument — Trays, Ophthalmic, 449. Trays, (Surgical, &c.), 442. Instruments — Dental (as specified), 442. Drawing, 448(c). tor Measuring Absorption of Light, 448(E). For Measuring Density of Liquids, Solids and Gases, 448(A) or (B). For Measuring and Recording Electricity, 179(A). For Measuring Dispersion of Light, 448(E). For Measuring Intensity of light, 448(E For Measuring Retlection of ^ Light, 448(E). For Measuring Refraction of Light, 448(E). For Measuring Rotation of Light, 448(E). Mathematical, 448(C). Musical — See separate group below. Operation Bags, fitted with, 442. Ophthalmic, 449. Scientific, for Universities, Uos pitals, &c., 440(A). (Scientific), see " Scientihc in- struments and Apparatus." Surgical (as specified), 442. Surveying, 448(C). Veterinary (as specified), 442. Instruments, Musical — Accessories to, 385 Bagpipes, 386. Band, 386. Baritones, 386. Bassoons, 38b. Bombardons, 386. Bugles, 386. Clarionettes, 386. 1 hw; Index to Acts. Customs Tariff 1908-1911 {Items)— continued. Instruments, Musical — continued. Contra Uassoon, 38b. Cor. Anf^lais (Wood), 38b. Cor. Tenor (Hrass), 38b. Cornets, 38b. Corno|)liones, 38b. Cymbals, 38b. Dobl()[)liones, 38b. Double Uasses, 38b. Drums, 38b. Kuphoniums, 386. Kifes, 38b. 1-lageok'ts, 38b. Flutes, 38b. Harps, 38b. Hautbois or Oboes, 38b. Horns — Flugel, 3Sb. French, 38b. Koenig Tenor, 38b. Vocal Ballad, 38b. Military Uand, 38b. Musette, 3Sb. Musical Uo.xes, ^ii. N.E.I., 381. Oboes or Hautbois, 38b. Orchestral, 386. Organs, 382. Farts, see " Instruments, Musical. Parts of," below. Pianolas, 381. I'ianos, 384. Piccoloes, 386. Saxophones, 386. Triangles, 38b. '1 rombones, 38b. Trumpets, 38b. Tubas, 38b. Violoncellos, 386. Violius, 38b. Instrumcucs, Musical, Parts of (includ mg Accessories) — Actions in separate parts, 385. Aeolian and similar Records, 385. Felts and Felting, 385. Hammers, 385. Handles, Piano, 385. Hinges, Piano, 385. Holders for attaching to, 385. Ivories, 385. Metronomes and the like, 381. Organs, Metal Pipes for, 383. Piano Parts n.e.i., 384(c). Pianola and similar Records, 385. Pianolas and other Attachments, &c., 381. Pipes, Metal, for Pipe Organs, 383- Records, Pianola, &c., and similar, 385- Strings, 385. Violin Mute and Chin Rests, 385. Insulating — Paper, 35b(Z). Tape (Electrical), Prepared, i7q(A). Intaglios, 338. ' /vw Intersections for Railways, &c., 180. Iiiv.iliils' Foods, 88(B). inventions, Models of, 435. Invert — Sugar, 29. Syrup, 2C). Iron (see also " Iron and Steel," be- low) — Castings, Malleable, 170(E). Corrugated, 140. Crude Manufactures, 22()(B). Fittings for Pii)es, Cast Iron, 181. Fittings for Pipes, .Wrought and Malleable, 182. Galvanized, 140. Pig, 22q(A). Pipes, Cast, i8i. Pipes, Wrought n e 1 , 181. Plate and Sheet, 140. Scrap, and Materials therefor, 214. The term " Iron " includes Steel {see Introductory Notes to Sche- dule, sufra, ]i. 225). Iron and Steel — Angle, 22g(c). Bar, 229(c). liars of fancy pattern, &c., 229(c). Bars, Puddled. 229(B). Billets, 229(B). Blooms, 229(B). Crude Manufactures less hnished than Bars, but more advanced than Pig Iron (except Castings), 229(B). Hoop, 229(c). Ingots, 229(B). Loops (Puddled), 229(B). Manufactures, Crude, less hnished than Bars, but more advanced than Pig Iron (except Castings), 229(B). Pipes and Tubes not dutiable under Division VI., 22g(E). Plate, Corrugated, &c., 140. Plate (Plain), 229(c). Puddled Bars and Loops, 229(B). Rod, 229(c). Rolled, for manufacture of Drop- pers, Standards, and Pillars, 2oo(b) and 2T7(b). Scrap, 229(A). Scrap, and Materials therefor, 214 Sheet, Corrugated, &c., r40. Sheet (Plain), 229(C). Slabs, 229(B). Tee, 229(c) Tubes and Pipes, not dutiablt under Division VI., 229(E). Wire, 229(c). Irons, Lamp, Coach, &c., 141(A). Isinglass — In sheets, 91(A). N.E.I.. 91(B). Italians, containing Wool (Piece Goods), 123(D). Ivories, Musical Instrument, 385. Index to Acts. 1167 Customs Tariff 1908-1911 {liQvcis)— continued. Ivoiy — Articles n.e.i., 426. Black, 23g. Figures, 326. Jams, bQ. Japanese Wax, 42. Japans, 237. Jar (Fruit) Caps, Glass, 253(A). Jars — Containing goods not subject to ad valorem duty, 260(A) to (E). Empty, 259(A). Jellies, 69. Jelly- Calves' Foot, 69. Meat, 80(B). Petroleum, 295(A). Petroleum, in packages not less than 3 cwt., 295(B). Jewel — liags, Cases, Boxes, 387(A). Jewellery — Articles n.e.i. partly or wholly made of gold or silver, 336. Badges, 336. Bags (Gold or Silver), 336. Bars used in Manufacture of, 336. Heads, 335. Hi)ll and Split Rings, 336. Bracelets, itc. Unset, 333. Bracelets and Watches combined 336. Braid (Gold or Silver), 336. Brooch Pins, 335. Brooches, Unset, 333. Buckles, 336. Buttons, 336. Catches and Joints for Pins, 335. Chain in the rough, 335. Clasps, 336. Clasps n.e.i , 33^. Cord (Gold or Silver), 336. Coronets, 335. Ear Wires, 336. Gallerie, 335. Imitation n.e.i., 337. Joints and Catches for Pins, 335. Lace (Gold or Silver), 336. Machine-made Chain in rough, 335 Medals and Medallions, 336. Necklets, Unset, 333. N.E.I., 336. Ornaments for Attire, 336. Pins, Brooch, 335. Pins, Safety, gold or silver, 336. Points, 335. Purses (Gold or Silver), 336. Rings, Bolt and Split, 336. Rings, Unset, 333. Rolled Gold or under 9 ct., 334. Safety Pins, 336. Slides, 336. Split Rings and Bolts, 336. Stampings for. 336. Stones, Precious, Imitation, 337. J ei* ci iery — continued. Stones, Precious, Unset, 338. Swivels, 336. Unrier 9 ct., 334. Unfinished, or Set with Imitation Stones, 333. Unset, or set vsrith Imitation Stones, 333 Watches and Bracelets combined, . 336. Wire, Gold or Silver, 338. W'ires, Ear, 336. Joints for Pins, 335. Joists, Rolled Iron or Steel, 183. Juices, Fruit (Non-spirituous), 16. Juices, Fruit (Spirituous), q. Juices, Medicinal, 2g2(A). Jute — Piece Goods, 130. Yarn, 400(A). Kalsomine, 236(H). Keepers (Whip), 352(A). Kernels, Almond, 86(E). Kerosene, 234(p). Kersey, Saddlers', 126. Kettles, 170(D). Keys, 205(A). Kilderkin Shocks, new, 324. Kindergarten Materials, 362. Kinematograph Films, 341(B). Kinematographs, 341(A). Kinetoscope Films, 341(B). Kinetoscopes, 341(A). Kitchen Cooking Utensils of Cast Iron, Aluminium, or Nickel, 170(D). Ivnee Caps, Rubber, 350(A). Knife— Boards, 306(A). Sharpeners, 153. Steel, rough-shai)ed, 221. Knitting Machines, 164. Knives — Chaff-cutter, 146. Paper, 357(a)- Paring (Printers'), 209. Steel, for hand tobacco cutters and tin openers, 220. Knobs (for Locks), 205(A). Knotting, Patent, 237. Kymographs, 448(c). Labels, 357(A). Labels, Coat, io6(a). Lace — Flouncings (Piece Goods), 123(D) For Attire (Piece Goods), 123(D). Gold or Silver, 336. Naval and Military, 135. Paper, Boxmakers', 356(0). IKi^ Index to Acts. Customs Tariff 1908-1911 (items)— continued. L;iclf, 353(B)(2)- Chamois, 354(B). Cloth (I'iece Goods), 123(E). Cut into shape, 352(A). Dressings, 230. 355- Leather — centinued. Enamelled, 353(B)(1). Goatskins, raw, 354(A). Goatskins, rough tannec Hot^skins, 354(A). Inks for, 230. Manufactures n.e.i., 352(a|. N.l-l., 353(b)(3)- Pastes, 230. Patent, 353(B)(1). Persian Sheepskins, rough tanned, 355- Polishe 411. Polishes, 230 Preparmg Machines, 165(A). Sheepskins, raw, 354(A). Sheepskins, rough tanned, 355. Skivers, rough Uinned, 355. Socks or Soles, 345. Stains for, 230. Leaves, Artificial, 136. Leggings, Rubber, 350(A). Lenses — Camera and Lantern n.e.i., N.E.L, 254. Spectacle, 344. Trial (Ophthalmic), Cases of, 449. Letter — Books, 357(A). Clips, 357(A). Lichtjiause-rohpapier, 370. Life-Saving Appliances, Fire Brigade, 433- Lifts, Shoe, 326. Ligature Bottles and Troughs (Ophthal- mic), 449. Ligatures (Surgical, &c.), 442. Lighters, Cigar, 415. Lightning Arresters, 177(D). Limbs, Artificial, 442. Limejuice — Non-spirituous, Spirituous, 9. Linen — Piece Goods, 123(E). Piece Goods, defined, handkerchiefs and 123IH). Piece Goods, Tucked, 123(D). Sensitized (Photographic), 410(A). Liners, Cycle, 375. Linimentij. 292(A). Linoty[>e Metal, 190. Lino. Slugs, 173 Linotypes, 164. Linseed — Cake, 74. For cultivation, 72. For Manufacture of Oil and Cake, 72. Meal, 73. N.E.L, 7T. Oil, 234(1). Lint (Surgical, &c.), 443. Liquefaction of Gas, Apparatus for, 162(A). 16. &c., foi serviettes. Index to Acts. 1109 Customs Tariff 1908-1911 (Items) — continued. Liquid — Ammonia, 275(A). Dryers, 237. Removers of Paint, &c., 238. Sizes, 237. Spirituous, in which Fruits, &c., are packed, 54(])- Liquids Bronzing, 230. Foaming, 278(A). Metal, 230. Petrifying, 237. Liquorice — (Block, Juice), 46(B). Crude, 46(B). Crude Paste, 46(B). Exceeding is. per lb. in value, 46(D). Other, 46(C). Root, 46(A). Liquors, Spirituous, n.c.i., 3. Litharge, 239. Lithographed Advertisements, Paper, 356(A). Lithographers' Prepared Plates, 414. Lithographic — Stones, 270. Varnish, 237 Litmus Paper, 356(x). Loaders, Cane, 145. Loading Tools, 139(E). Lock Rings, Cycle, 379. Locket Glasses, 254. Locking Pins, Cycle, 379. Locks, 205(B). Locomotives, 161. Log Band Saws, 162(B). Logs— Not Sawn, 303(63). Patent (Ships'), 340. London Purple, 239 Looping for Boots, 106(A). Loops — Curtain, 118. Iron and Steel (Puddled), 229(B) Lotions, 292(A). Lounges — Bamboo, 299(B). Cane (not cane with woodeo frames), 299(3). Wicker, 299(B) Lubricating Oil, Mineral, 234(1). Lubricators, Cycle, 379. Lucerne Bunchers, 152(A). Lugs, Cycle, 379. Lychee Nuts, fresh, 55. M. Macaroni, 76. Machine Belt Fasteners, 202. Machine Tools — (Machine Tools will be found indexed under their resfective names in ''''Machinery, Machines^ dr'c", below.) Machine Tools — continued. Artesian Boring n.e.i., 165(B). Ai prescribed by Departmental By-laws, 166. Bootmaking n.e.i., 165(B). Hydraulic Blocking Press foi Straw Hats, 165(3). India-rubber Working, 165(B). Metal-working, 165(B). Specified ij any Proclamation, &c., 167. Tinsmiths', 165(B). Tyre Benders, 165(B). Tyre Shrinkers, 165(B). Machinery, Machines — Adding and Computing, 159. Agricultural, 152. Agricultural n.e.i., 145, Aluminium Rotary Graining, 164. Appliances, and parts thereof (Electrical), 177. Artesian Boring, 165(A). Artesian Boring Tools n.e.i., 165(B). Automatic Can-making and Clos- ing n.e.i., 165(A). Bagging, Weighing, and Sewing Combined, 159. Belt Fasteners for, 202. Bending Rolls, 165(B), Blocking Press, Hydraulic, 165(B). Blocks, Chain and Travelling, 162(A). Blowers, Rotary and Turbo, 162(A). Bolt Screwing and Nut Tapping, 165(B). Button-hole Punching and Sew in 163. Can Making and Closing, Auto- matic, 165(A). Cane Harvesters, 145. Cane Loaders and Cane Un- loaders, 145. Cash Registers, 159. Centering, 165(B). Chaffcutters, 146. Channel-making Graders, 145. Clothes Washing, 144. Coal Cutting, 176(E). Combination for treating Molasses Fodder, 165(A). Combined Bagging, Weighing and Sewing, 159. Combined Corn Sheller and Hus- ker, 147(A). Combined Com Sheller, Husker and Bagger, 147(A). Computing (and Adding), 159. Corn Huskers, 146. Corn Shellers, 146. Cotton Gins, 152(A). Cream Separators, 152(B). Cropping and Notching, i6i;(b). Cultivators, Disc, 147. Cultivators, n.e.i., 146. Darning, 163. Dredging, 176(A). ii:t» Index to Acts. Customs Tariff 1908-1911 {Items)— continued. Mithiiury, Macliines — conlinuea Drills, I'crti'i/.er, Seed and Grain, n.e.i., 147. Drills, Hand-worked, Seed, iS2(ai. V..\n\\ ("iittin;,', Dredginjj rind Kx- cavating, 176(A). Hconomi/.ers, Khie-heated, 160(A). Klcctric Dynamo, 177(A) and (B). Klecirolypintj ami Stereotypinj;, 164. Klevators and Conveyors, Pneu matic, i6j(a). Kngine Combinations, Motivr I'ovver, iVc. — See footnote at commencement of Division VI. Kngines, Fire, 163. Engines, High Speed Reciprocal ing Steam, for direct coupling, &c., 160(B). I'ngines, Locomotives, 161. Engines, Portable, 161. I'^ngines, Traction, 161. Engines, Turbine (Steam), i6o(a) Excavating, i76(a1. Felt Hat-makin;^, i^s'*) Felt makinf^, 1*1. i Felting, \b^[h) Fibre Scutching, 1^21*1. I'ibrous Materials manufacture and treatment, 165(A). Fire Engines, 163. Flour Mill Rollers, 163. Flue-heated Economizers, i6o(a). Garment Drafting, 164. Graining, Rotary, Aluminium, 164 Handworked Cultivators, 152(A) Harrows, 146. Hay Tedders, 152(A). Hoists — Patent Portable, 162(A). Horse Gears, 146. Horse Road, 145. Horticultural, 152. Horticultural n.e.i., 145. Hose (Indiarubber) Machines, 165(B). Knitting, 164. Leather Preparing n.e.i., 165(A) Linotype, 164. Locomotives, 161. Log Band Saws, 162(B). Lucerne Bunchers, 152(A). Maize Binders, 152(A). Maize Harvesters, 152(A). Measuring (Tanners'), 158. Mechanical Stokers, 160(A). Milking, 152(A). Munoline, 164. Monotype, 164. Motive Power, 160. Motive Power, Engine Combina tions, and Power Connexions, &c. — See Footnote at commence ment of Division VL Mowers, 229(D). N.E.L, 162(c). Notching and Cropping, 165(8). Nut Tapping, 165(B). \1 dchinery, y[:\c\\\ncs- -c ontinued . Ore-dressing NLachinery and Ap pliances, and Accessories, 176(B). Paper making, 165(A). Pasteurizers, 152(A). Plou^^h Mould Boards, 146. Plon^^h Shares, 146. Ploughs, other, 146. I'ioughs, Stump-juni]), 147. Pneumatic Elevators and Con- veyors, 162(A). Pneumatic Hammers (other than hand Pneumatic), 165(B). Portable Engines, 161. Power Machinery (Motive), 160. Power Connexions, Engine Com- binations, &c. — See Footnote at commencement of Division VL Printing, 164. Printing — Blankets for, when im- ported with machines, &c., 447 Printing Presses, 164. Pulleys, Wood Split, 306(A). Punching and Shearing, 165(B). Rakes, Horse, 152(A). Rakes and Ploughs, combined, hand-worked, 152(A). Reapers, 229(0). Reapers and Binders, 229(D). Reels, Garden Hose, 145. Refrigerators, 148. Retorts, Zinc Refining, 163. Revolution Counters n.e.i., 163. Road Rollers and Machines, Horse, 145. Road Rollers, Steam, 161. Rock Boring n.e.i., 176(F). Rock Cutting, Dredging and Ex- cavating, 176(A). Rock Drills, Rotary and Percus- sive, 176(D). Rollers for Flour Mills, 163. Rollers, Garden and Field, 145. Root Cutters, Pulpers and Grater?. 152(A). Rotary Blowers, 162(A). Rotary Graining, Aluminium, 164. Ruling — Top Cloths for, when im- ported with machine, &c., 447. Saws — Band, 162(B). Scarifiers, 146. Sewing, 163. Shearing and Punching (Metal), 165(B). Sheep Shearing, 152(B). Ships' Sounding, 340. Slotting, 165(B). Soap Cutting, 165(A). Specified in Proclamation, &c., &c., 167. Speed Counters n.e.i., 163. Split Pulleys (wood), 306(A). Spraying, Garden and Field, 145. Spreading (Indiarubber working), 165(B). Steam Engine Indicators, 163. Index to Acts. 1171 Customs Tariff 1908-1911 (Items) — contiyiued. Mach; ..cry. Machines — continued . Steam Engines. Set "Engines" abuve Steam Hammers, up to i6 in., &e., 165(1)). Steam Road Rollers, i6i. Steam Traps, i6o(a). Steam Turbines, i6o(.A). Stereotyping, 164. Stitching, 163. Straw Envelope-making, 163. Straw Stackers, 152(A). Stripper Harvesters, 149. Strippers, 150. Sub-surface Packers, 152(A), Superheaters, 160(A). Talking, 342. Tanners' Measuring, 158. Tanning n.e.i., 165(A). Telphers, 162(A). Testers, I52(.A). Threshing, 152(A) Time Registers and Detectors, 159 Tinsmiths' Tools (machine), 165(B). Traction Engines, 161. Travelling Blocks, 162(A). 'ireail Drums, 165(B). Turbines, Steam, 160(A) Turbo-Blowers, 162(A). Type Composing, 164. Typewriters, 163. Tyre Benders and Shrinkers, 165(B). Universities— Specially designed for, 441. Viticultural, 152. Viticultural n.e.i., 145. Water Purifiers, 160(A). Weighbridges (Automatic), 159. Weighbridges n.e.i., 158. Weighing (Automatic), 159. Weighing n.e.i., 158. Winnowers, Horse and other power, 147(A). Wire Netting, 165(B). Wool Scouring and Washing, 165(A). Macrame Twines, 398. Magic Lanterns, 411. Magnesia, 240(A). Magnesia — Preparations like Plaiter of Paris having same for basis, 240(A). Magnesium — Bisulphite, 278(A). Carbonate, 240(A). Chloride, 240(A). Powdered, 410(A). Magnets, Electro, Ophthalmic, 449. Magnifying and Reading Glasses, mounted, 344. Main Springs, Watch and Clock, 340. Maize — Binders, 152(A). Harvesters, 152(A), Malt, 77. Malleable Tron Castings, 170(E). Malleable Iron Fittings for Pipes, 182 Mallets, Wood, 306(A). Malt, ;;. Malt— Extract, non-spirituous, 78. Extract, peptonized, 78. Granulated, 77. Maize, 77. Rice, 77. Malto-Peptone Yeast Food, 278(A). Mandrils (Steel Tyre) for Indiarubbei working, 165(B). Manganese, 239. Manganese Steel Parts, 170(B). Mangles, 144. Manilaboard, 356(N). Mantel Borders, 117(A). Mantles, Incandescent, 141(D). Manufactures, Leather n.e.i., 352(A). Manufactures of Cork, n.e.i., 407. Manufactures of Metal n.e.i., 170(A). Manufactures of Paper n.e.i., 357(B). Manufactures, Rubber n.e.i., 350(A). Manures, 397. Maplewood, Engravers', 303(aa). Maps, 365. Marble — Chips, 268(E). Due. and Chips, 268(E). Paper, 356(0). Rough, 268(A). Scabbled from the pick, 268(A). Scantlings (or Slabs), 268(Bj and (C). Slabs or Scantlings, 268(B) and (c). Unwrought, 268(A). Wrought n.e.i., 268(D). Marbles, Glass Bottle, 258. Marine Glasses, 339. Markers, Book, 357(A). Markers, Time (Scientific Instruments), 448(C). Masks, Fencing, 139(E)- Mastic, 263. Mastic, Asphalt, 245. Match — Boxes, empty, 356(5; and (t). Boxes (Fancy), 326. Rifles and Service Fittings, 139(G). Stands, 415, Matches — In boxes upon A'hich the number contained therein is not printed, &c., 79(E). In boxes with printed matter there- on other than manufacturer's name, &c., 79(D). Of all kinds, 79. Materials— Scientific, for Universities, Hospitals, &c,, 440. Mathematical Instruments, 448(c). Matrices, Stereotyping, 357(c), 1 1 :j Index to Acts. Customs Tariff 1908-1911 (Items) — continued. Mats- Carriage (Uul>bcr), 350(1)). (.■;irri:i;,'e (textile excej)! Coir), 115. Cash, Rubber, 3So(a). Coir, 116. Cork, 40J. Floor (Rubber), 350(D). Floor (textile except Coir), 115. Sugar, 113. Table, 117(A) Mattiii-j Coir, 116. Mattresses for Boilers, Asbestos, 4^4 Mattress Twine, 398. Meal- Almond, 86(G). Unseed, 73. Rice, 94(C). Measuring Instruments for Electricit\. 179(a)- Measuring Machines, Tanners', 158. Meat- Jellies, 80(B). Wraps, 112. Meats — Concentrated, 80(B). Extract of, 8o(Bj. Fresh, ^o(a). N.E.I., 80(E). Potted, 80(B). Preserved by Cold Proctss, 8o(r). Preserved in Tins, &c., 5o(C). Smoked, 8o(a). Mechanical Stokers, i6o(a). Medallions, 336. Medallions, &c., sent from abroad, 444- Medals, 336. Medals (Naval and Military), 135. Medicated — And Absorbent Wool, 442. Confectionery, 45(A). Soap, loo(A). Wine, 13. Medicinal — Confections, 292(A). Emulsions, 292(4). Essences, 292(A). Extracts, 292(A). Infusions, 292(a* Juices, 292(A) Oils n.e.i., 292(A). Preparations, 292(A). Preparations, Opium contained in, 294. Solutions, 292(A). Syrups, 292(A). Waters n.e.i., 292(A). Medicines, 292. Medicines — Animals, 292(A). Opium, contained in, 294. Patent, 292(A). Proprietary, 292(A). Spirituous, 9, and 292(B). Memo — Ulocks, 357(A). Books, 357(A). Slates, 357(A). Tablets, 357(A). Menu lards, 357(A). Mercury Vacuum Pumps, 448(c). Metabisulphites — I'otassium, 410 (B)(2). Sodium, 410(B)(2). .Metal- Antifriction, 190. ftritannia, 191. Cased Tubes or Pipes, Unpolished, 182. Cordage, 404. Furniture, Printers', 173. Liquids, 230. Manufactures of, n.e.i., 170(A). Plastic, 190. Powders, 232. Refining Appliances, 176(C). Reflectors and Shades, 141(A). Ty[ie and Linotype Metal, 190. Working Machine Tools (dutrable), 165(B). Yellow, igr. Meter (Gas) parts, 178(B) (2). Meters, Gas, 178(B) (i). Methvl Alcohol, 6. Metronomes, 381. Micrometers, Dial, 448(c). Microscopes, 340. Microscopical Cabinets (fitted), 448(c). Microtomes, 448(C). Military — Cartridges, 409(G). Rifles and Service Fittings, r39(G). (And Naval), Uniforms, Accoutre- ments, (Src, for, 135. Uniforms, Accoutrements, Buttons, Braid, Lace for, 135. Milk- Concentrated, 83(A). Condensed, 83(A). Dried, 83(B). " Frozen, 83(A). Peptonized, 83(A). Powder Form, 83(B). Preserved, &c., 83(A). Testing and Analysis, Apparatus for, 448(F). Milking Machines, 152(A). Millboard, 356(N). Millboard, Asbestos, 423(B). Millet, Broom Corn, 37. Millinery Nets (Piece Goods), 123(D). Milling Silk, 128. Mineral — Lubricating Oil, 234(1). Oil, being Naphtha, Benzine, &t., 234(K)- Waters, 17. Waters, Preparations n.e.i., packed for Household use for the pro- duction of, 17. Mineralogical Cabinets (fitted), 44^(c)- Index to Acts. 1173 Customs Tariff 1908-1911 {liQms)~continued. Miners' — Hats, 121(c). Safety Lamps, 142. Mining Fuses (Electrical), 409(K). Minor Articles for use in the Manu- facture of goods, 434. Mirbane Oil, 235. Mitre Boxes, 306(A). Mittens, 120(B). Models — Inventions, and of other improve- ments in Arts and Manufactures, 435- Natural History, 437. Ships, 435. Teaching, 439. Molasses, 32. Molasses Fodder Treating Machines, 165(A). Moleskins (Piece Goods), T23(e). Monolines, 164. Monotypes, 164. Monotype Paper, tc;6(dd). Mops, 394. Morris Tubes, 139(G). Mortars, 271. Mosaic Flooring, 244. Mothers, Foster, 148 Motive Power Machinery — And Appliances (except Electric), 160. And Appliances n.e.i., 160(c). Motor — Cycles, Tricycles, and Similar Vehicles, n.e.i., 374. Cycles, &c., Frames, 374. Vehicle Bodies, 380(0). Vehicle Chassis, 380(E). Motto Albums, 357(A). Mouldboard Plates, rough, 152(A). Mould Boards, Plough, 146. Moulders' Brads, 156(B). Mouldings — N.E.I., 303(G). Picture and Room, 303(0). Mounts— For Pictures, 357(A). Photographic, 410(A). Mowers, 229(D). Mowers, Lawn, 145. Mucilage, 261(B). Mudguards of Motor Cars, &c., 380(D). Muffles, 248. Muriate Ammonia, 275(B). Muriatic Acid, 274. Musette, Band and Orchestral, 386. Music — Books, 357(A). Holders for Band or Orchestral Instruments, 385. Stool Screws, 175(A). 'M1128. — VOL. 11. Musical — Appliances, mechanical, 381. Boxes, 381. Instrument Parts, see " Instru- ments, Musical, Parts of." Instruments n.e.i., 381. Instruments, Band and Orchestral, 386. Mustard — Including French Mustard, 85. Seed, 84. Mutes, Viohn, 385. N. Nails — Horseshoe, 156(A). N.E.I., 156(B). Picture, 156(B). Saddlers', 212. Wire, 156(B), Napery, Furnishing, articles of, ii7(.*). Naphtha — Mineral, 234 (K). Wood, 6 Naphthaline — Crude, 280. N.E.I., 281. Natural — Birds and Wings, iro. History Specimens, Models, and Wall Diagrams, 437. Wings (Birds'), no. Naval and M*ilitary — Accoutrements, &c., for Uniforms, 135. Necklets, unset, or set with imitation stones, 333. Negatives, Photographic, 413. N.E.I. means " not elsewhere in- cluded " ; (see Introductory Notes to Schedule, su-pra, p. 225). Nets — Fishing, and Floats for, 399. Hair (Natural or Imitation Hair), 137(c). Millinery and Dress (Piece Goods), 123(D). Rabbit, 399. Netting — Fishing and Rabbit, 399. Wire, i86. Newspaper Supplements, coloured, 420 New Year Cards and Booklets, 357(A). New Zealand White Pine, undressed, 303(B). Nibs, Cocoa, 45(k). Nickel, 191. Nightdress Cases, 117(A). Night Lights, 40. Nipples, Cycle, 379. Nitrate of Silver, 410(A). Nitric Acid, 274. 1174 Index to Acts. Customs Tariff 1908 1911 (Items)— continued. Nib. Edible n.e.i., whole or prepared, 86(F). Lychee, fresh, 55. N.E.I., 184. Oars and Sculls, 393. Oboes, Hand and Orchestral, 386. Odorizers, and the like, 406(A). Oil- Baize (Piece Goods), 123(E). Cake, 74. Finishes, 237. Silk (Sur<^ical), 442. Stains, 237. Stones, 270. Oilmen's Stores n.e.i., 8S(A). Oils- Benzine, 234(K). Benzoline, 234(K). Birch Tar, 235. Burning Refined Petroleum, 234 (r) Lasior, ^34U). China, 234(H). Cloth, 235. Coal Tar, 234(k). Commercial Oleic Acid, 234(1). Cooking, 234(F). Creosote, crude, 279. Degras, 235. Edible, 234(F). Edible n.e.i., denaturated, 234(G). J''ssential, for making perfume Essential, non-spirituous n.e.i., 291 Fir Tree, 235. Fish, frying, 234(1-). Fish, unrefined, 235. Furniture, 230. Fusel, 4. Gasoline, 234(K). Half-pint vessels, 234(B). In vessels not exceeding one gal- lon, 234(A) to (E). In vessels exceeding one gallon, 234(F) to (P). Kerosene, 234(p). Lard, 43. Linseed, 234(1). I-ubricating (Mineral), 234(1). Medicinal n.e.i., 292(A). (.)iis — continued . Mineral Lubricating, 234(7). Mineral, Naphtha, Benzine, frc., 234 (K)'. Mirbane, 235. Naphtha, Mineral, 234(K). N.E.I., 234(M). Oleic Acid, Commercial, 234(1). Penguin, 235. Pentane, 234(K). Petrol, 234(K). Petroleum, crude, 235. Petroleum, Burning, refined, 234(P). Petroleum Spirit under .790 gravity, 234(K). Pine, 235. Pint vessels, 234(C). Quarter-pint vessels, 234(A). Quart vessels, 234(D). Refined Petroleum Burning, 234(P)- Residual, 234(1.) (2). Salad, 234(F). Seal, 235. Sesame, denaturated, 234(H). Sod, 235. Solar, 234(L) (i). Soya Bean, denaturated, 234(H). Substitutes for Turpentine, 234(k) Tar, 279. Tattoo, 236(B). Tung, 234(1). 'i urkey Red, 234(1). Turpentine, 235. Turpentine Substitutes, 234(K) Hnrefined Fish, 235. Vegetable, 234(F). Vegetable, denaturated, 234(G). Vegetable Paint, 234(1). Vessels exceeding one gallon, 234 (F) to (P). Vessels not exceeding one gallon, 234 (A) to (E). Whale, 235. Ointments, 292(A). Oleic Acid Oil, Commercial, 234(1). Olives, 93(A) to (e). Onions, 62. Opera Glasses, 339. Operating — Instruments, &c., 442. Tables, 442. Operation — Bags, fitted with Instruments, 442 Tables (Ophthalmic), 449. Ophthalmic — Appliances, 449. Instruments, 449. Ophthalmoscopes, 449. Opium — Contained in medicinal prepara- tions, 294. For medicinal purposes only, 293. Optical Lanterns, 411. Optometers, 449. Orchestral Musical Instruments, 386. Index to Acts. 1175 Customs Tariff 1908-1911 {liemi) —continued. Orchestral Musical Instruments, Holders for attaching to, 385. Ore-dressing Machinery and Appliances. n.e.i., and Accessories, 176(B). Organs, Pipe, 382. Organs, Pipe, Metal Pipes for, 383. Ornamental — Articles n.e.i., or partly ornamen tal, partly for use, 326. Confectionery, not edible, 45(B). Figures, 326. Ornaments (Gold or Silver) for Attire, Ornaments n.e.i. for Bonnets, Hats, Shoes, and other Attire, S^, &c., 227. Zinc (plain), 227. Shellac, 263 Sheller— And Huoker combined, Com, 147(A). Husker and Bagger combined, Corn, 147(A). Shelters, Corn, 146. Shells, 332. Shields (Vaccination), Surgical, 427. Shingles, 303(H). Ships — Anti-fouling Composition, 236(C) Chronometers, 340 Models of, 435 Patent Logs, 340. Sounding Machines, 340. Shoe — Horns, 326. Lifts, 326. Uppers and Tops, 345. Shoes n.e.i., 345. Shoes, Rubber Sand, 346. Shooks — Barrel, new, 324. Half-hogshead, new, 324. Hogshead, new, 324. Hogshead, second hand, 324 Kilderkin, new, 324. N.E.L, 324. Puncheon, new, 324. Shop Twines, 398. Shot, 138. Shovels, Grain, 306(A). Show — Cards n.e.i., 356(A). Figures, 2qq(a). Shrinkers, Tyre, 165(B). Silica, Fused — Articles of, 255(B). Silk— Milling, 128. Oil (Surgical, &c.), 442. Piece Goods, 123(c). Piece Goods, containing, (Src, 123(c). Piece Goods, Waterproof, 123(G)(2) Socks and Stockings, 132(c). Silks, Sewing and Embroidery, 402. Silver — Articles, n.e.i., partly or wholly made of, 336. Bar, Ingot, Sheet, 338. German, 191. Nitrate, 410(A). Wire, for Embroidery Bullion, 338- Size, Gold, 237. Sizes, Liquid, 237. Sketch — Blocks, 357(A). Books, 357(A). Skin Foods, 2g5(A). Skins — Fur, and other, dressed, &c., 119(B). Goat, Crust or Rough Tanned, 355- Hog, 354(A). Raw, Goat and Sheep, 354(A). Sheep, Persian, crust or rough- tanned, 355. Skirtings, Timber, 303(G). Skittle Pots, 248. Skivers, Crust or Rough Tanned, 355. Slabs, Iron and Steel, 229(B). Slate — Pencils, 368. Slabs, split or chiselled faces, and one or more sawn edges, 265(A). Slabs, Split (rough edges), 264. Slabs, with one or more planed faces, 265(B). Wrought n.e.i., 266. Slates — Drawing, School, 368. Memo, 357(A). Roohng, 267. Slide Cabinets and Trays (Bacterio- logical), 448(D) Slides (and Buckles), 134(B). Slides — Gold or Silver, for Attire, 336. Lantern, 410(A). Slipper Forms, 347. Slippers n.e.i., 345. Sliver, 398 Slotting Machines, 165(B) Slugs, 138. Slugs, Lino, and other, 173. Smelting Appliances, 176(c). Smelting, Blowers for, 162(A). Smokers' — Lamps, 415. Requisites and Cases, 415. Sets and Boxes, 415. Smoking Pipes — Clay, 416. N.E.I., 415. Snake-bite Outfits, 442. Snaps (Harness and Halter), 212. Snuff, 26. Snutf Boxes, 326. Soap — Cutting Machines, 165(A). Detergents, Compounded, ioo(b). Dyes, 88(A). Fancy, ioo(a). Medicated, ioo(a). N.E.L, loo(B). Substitutes, ioo(b). Toilet, ioo(a). 11 so Index to Acts. Customs Tariff 1908-1911 (Items) — continued. Socks and Stockin^js — ('i)lton, 132(B) N.K.I., 132(C). Silk, or containing bilk, &c., 132(c). Woollen, or containing Wool, 132(A). Socks for Hoots, &c., 345. Sod Oils, 235. Soda — Hicarbonate, 289. Carbonate, 289. Cry.stals, 298. Salicylate, 278(A). Sulphite of, 410(A). Sodium — IJisulphite, 278(A). Cyanide of, 282. Metabisulphite, 410(B)(2). Solar Oils, 234(L)(i) Soles — Or Socks for Hoots, &c., 345. Uubber, 350(A). Solid Spirit Heaters, 41. Soloids, 292(A). Solutions, Acetic Acid, 273(c) and (D). Solutions, Medicinal, 292(A). Sorters, Potato, 152(A). Sounding Machines, Shijjs', 340. Soups in Tins, tVc, 80(D). Soy, for Sauces, lu packages over lo ^ gallons, 93(G). Soya Hean Oil, denaturated, 234(H). Spaces, Printers", 173. Sparklets, 102. Sparkling Wine, 12. Spars, Rough, 303(CC). Specimens, Natural History, 437. Spectacle — Cases, 343. Frames, not Gold, 344. Glasses and Lenses, 344. Spectacles, 344. Speed Counters n.e.i., 163. Speedometers, 379. Spherometers, 448(c). Spices, Ground, n.e.i., loi(B). Sjjices, Unground, for manufacture of Curry Paste or Powder, loi(c). Spices, Unground, n.e.i., ioi(a). Spikes, 156(B). Spiral Screws, 175(A). Spirit — Heaters, Solid, 41. Petroleum, under .790 gravity, 234(K). Spirits — Denaturated, or to be denaturated, N.E.I. , 3. Perfumed, 8. Spirituous — Definition of "Spirituous" (see Introductory Notes to Schedule, sitfra, p. 225). Essences, &c., 9. S|)irituous — continued. Li(|uid ill which Fruits, ^c, are presrrved, 54(j). Li<|uors n.e.i., 3. Mf(licines, 2()2(b), or Division I., whichever higher. Toilet I're[)arations, 295(A) or 9. Splashers, 117(A). Splints (Surgical, &c.), 442. S[)lit Pulleys (wood), 306(A). Split Rings (Jewellery), 336. Spoke Washers, Cycle, 379 Spokes — Cycle, 379. Dressed (not Hickory), 303(m). Hickory, dressed, 2 inches and under, 303(x). Hickory, rough, turned, &c., 303(DD) (i). Spoons, 153. Sporting Hags or Baskets, 387(A). Sporting Powder, 409(0). S[)OUlHig Screws, 156(B). Sjjraying Machines, Garden and Field, M5- Spreading Machine Tools for India- rubber working, 165(B). Spreads, Bed, 117(A). Spring Balances, 158. Sjirings, A.vles, and Arms (Carriage Under Gear), 380(B). Springs — Clock, 340. Vehicle, 380(B). Watch, 340. Sprinklers — Lawn, 145. Perfume Bottle, 216. Sprocket Wheels, Cycle, 379. Spur Boxes, 212. Spurs, 212. Spurs, Earthenware, 246. Squares, small (Paper), 357(B). Stackers, Straw, 152(A). Stained Glass Windows, 417(3). Staining Dishes and Plates (Bacterio logical), 448(D). Stains — l^acteriological, 448(D). For Leather, 230. Oil, 237. Varnish, 237. Stampings for Jewellery, 336. Stamps (Steel) for Indiarubber work ing, 165(B). Standards (Fencing), 217(A). Standards, Fencing. Wedgers for, 217(A). Stands — Cigar, 415. For Pictures, 312. Ink, 357(A). Match, 415. Staples, 156(B). Staples, Bookbinders', 357(A). Star Antimony, 190. Index to Acts. lis: Customs Tariff 1908-1911 (Items) — continued. Starch, 103. Starch, Acetylated, 261(B). Starch Flours, 104. Starting Apparatus, Electric, 177(C) Static Transformers, 177(A). Stationery Packets, 357(A). Stationery, Manufactured, 357(A). Statuary, 418. Staves — Dressed, or partly, but not shaped 303(Q)- Undressed, 303(ee). Stay Cloth and Paper, 369. Steam — Engine Indicators, 163. Engines, High-speed Reciprocating, i6o(b). Hammers, 165(B). Pipe Covering — Hair habric and Hair Material for, 125. Road Rollers, 161. Traps, i6o(a). Turbines, i6o(a). Stearine, 42. Steatite Preparations, 231(B). Steel (see also " Iron and Steel ") — Balls, other than cycle, 2ig. Band or Ribbon for band-saws or band knives, 218. Crude Manufactures, 22q{B|. For manufacture* of Dropi)ers, Standards, and Pillars, 200(B) and 217(B). Grit and Steel Wool, 219. Rimmed Wheels and Parts, 222. Rough-shaped for Knives, 221. Scrap, 229(A). Scrap, and materials therefor, 214 Stamps for Indiarubber working, 165(B). Tyre Mandrils for Indiarubber working, 165(B). Wheels n.e.i., and Parts, 222 Wool, 219. Steelyards, 158. Stencil Paper (waxed), 3s6(ff). Stencilling Ink n.e.i., 358. Stereoscopic Views, 410(A). Stereotypes, 187. Stereotyping — Machinery, 164. Matrices, 357(c). Sterilizing Apparatus for Solutions (Ophthalmic Appliances), 449. Sticks, Walking, 306(A). Stilts. Earthenware, 246. Stitching Machines, 163. Stockings — Cotton, 132(B). Elastic, 350(A). N.E.I., 132(c). Silk or containing Silk, &c., 132(c). Woollen or containing Wool, 132(A). Stocks, Gun, 139(G). Stokers, Mechanical, i6o(a). stone — e'hips, 268(E). Dust and Chips, 268(E). Granite, 268(A). In the rough, n.e.i., 272. Marble, 268. Scantlings (or Slabs), 268(B) and (c). Slabs or Scantlings, 268(B) and (C). Wrought n.e.i., 268(D). Stones — Emery, 270. Imitation Precious, 337. Lithographic, 270. Oil, 270. Precious (unset), 338. Whet, 270. Stoneware n.e.i., 243. Stoppers — Bottle n.e.i., 258. For fancy, ground, or cut-glass bottles, containing goods, &c., 260(F). Glass, 259(0). Rubber, 350(A). Storage Batteries (Electric), 179(A). Stoving Black, 237. Straw, 68. Straw — Envelope-making Machines, 163. Stackers, 152(A). Strawboard, 356(K). Strnwboard — Bottle Envelopes, 357(A). Corrugated, 357(A). Stretchers, Glove, 326. Strings, Musical Instrument, 385. Stripper — Harvesters, 149. Harvester Parts, 151. Parts, 151. Strippers, 15c. Strips — Aluminium, 191. Brass, 195 Britannia Metal, iQi Bronze, 191. Copper, 198. German Silver, 191. Nickel, 191. Platinum, 207. Yellow Metal, loi .Strops, Razor, 352(A). Studs, Eyelet, 201. Stump Extractors, 145. Substitutes — Berlin Black, 237. Brunswick Black, 2^^ Soap, iooIb). Stoving Black, 237. Sugar. 278(B) Sugar, substances capable of con- version into, 278(B), Turpentine, 234(k). Sub-surface Packers, 152(A). 1188 Index to Acts. Customs Tariff 1908-1911 (iiems)— continued. Su"ii Holier Coils, i88. Brewers' Priming, 29. Candy, 45(A). Invert, aq. Mats, 113. N.K.I., 30. Paper, 356(1) (i). Sacks, 113. Substitutes and substances capable of conversion into such, 278(B). Svrups n.e.i., 31. The Produce of Sugar Cane, 28. Sulphate — Ammonia, 275(B). Of Copper, 239. Of Lime — preparations, like • Plaster of Paris, having same for basis, 240(A). Sulphite of Soda, 410(A). Sulphites, Potassium, 278(A). Sulphuretted Hydrogen Apparatus (glass), 256. Sulphuric — Acid, 274. Ether, 10. Sunshades, 122. Superheaters, i6o(a). Supplements, Coloured, Newspapers, 420. Supply Cans, 148. Suppositories, 292(A). Surface Coated Paper, 356(0). Surgical Appliances, &c. — Belts, 427. Braces, 427. Breast Supports, 427. Corsets, 427. Dressings, 442. Instruments and Appliances (as specified), 442. N.E.I., 427. Pads, 427. Trusses, 427. Tubing, Rubber (cut-sheet), 35r(A) Vaccination Shields, 427. Surveying Instruments, 448(c). Sweepers — Carpet, 394 Lawn, 145, Swingle-bars for Agricultural Mn chines, 147(A). Switchboards — And Appliances, Telephone, 178(c). Other than Telephone Switch- boards, 177(c). Switches — Electric, 177(D). For Railways, &c., 180. Hair (Natural or Imitation), 137(B). Swivels (Jewellery), 336. Swords, 135 or 139(E). Syphon Bottles, 251, Syringes — Except of Glass, 442. Garden, 145. Rubber, 351(A). Syrups — Fruit, non-spirituous, 16. Fruit, spirituous, 9. Golden, 31. Invert, 29. Medicinal, 292(A). N.E.I., Sugar, 31. Table- cloths, 117(A). Covers, 117(A). Mats, 117(A). Screws, 175(A). Waters, Aerated and Mineral, 17. Waters, Preparations n.e.i., packed for Household use for produc- tion of, 17. Tables — Operating, 442. Operation (Ojihlhalmic), 449. Tablets- Medicinal, 292(A). Memo., 357(A). Tabloids, 292(A). Tacks — N.E.I., 156(B). Saddlers' (not cut), 212. 'i'ags, 357(A). Talking Machines, 342. Tallow, Unrefined, 233. Tanners' Measuring Machines, 158. Tanning Machines n.e.i., 165(A). Tanks, 157. Tape, Prepared Insulating (Electrical), 179(A). Tapers, 40. Tapioca, 34. Tar Oil, 279. Tarpaulins, 133(A). Tartaric Acid, 290. Tassels, Blind, 118. Tattoo Oil, 236(B). Tea — In Packets not exceeding 20 lbs., 105(A). N.E.I., 105(B). Teaching Casts, Illustrations, and Mpdels, 439. Tedders, Hay, 152(A). Tee Brass, 195. Tee Copper, ig8. Tee Iron and Steel, 229(c). Telephone Switchboards and Ap- pliances, 178(c). Telephones, 178(C). Telescopes, 340. Telphers, 162(A). Temperature Regulator (Ophthalmic), 449- Index to Acts. 1189 Customs Tariff 1908-1911 (Items) — continued. rents, 133(A). Terebine, 237. Test- Marks on Guns, Rifles, and Bai rels, 139. Types (0[)hthalmic), 449. Testers, 152(A). Testing Apparatus, Arsenic, 255(A). Tests for Colour Vision (Ophthalmic), 449. Textiles, Articles, n.e.i., made from, 108. Theatrical Costumes and Properties. 443- Thermit, 425. Thermographs, 448(c). Thermometers, Clinical, 340. Thermo-regulators, 448(c). Thermostats, 448(c). Thighpieces, Rubber, 350(A). Thimbles, 326. Thimbles — Earthenware, 246. For Lasts, 205. Thiosulphates (Hyposulphites), 286. Thongs (for Whips), 352(A). Thread — Fleece, 398. Rubber. 351(A). Tinsel, 134(B). Threads — Sewing (Manufacturing), n.e.i., 402. Household, 402. Three-ply Veneer, 303(R). Threshing Machines, i52(a>. Tickets, 357(A). Tie— Plates for Railways, &c., 180. Rods for Railways, &c., 180. Tiles — Asbestos, Cement, and slmilai, 244. Asphalt, 24'7. Fibro Cement, and similar, 244 Flooring, 244. N.E.I., 244. Roofing, 244. Timber — Architraves, 303(G). Bent n.e.i., (dressed), 303(w). Blind Laths, 303(L). Boxes, Timber, cut to shape, &c., for, 303(D)(2) and 303(1). Broom Stocks (foi making broom handles), 30^(v). Cut to shape, &c., for making Boxes or Doors, 303(1). Cut to shape, n.e.i., dressed, 303(w). Door Stocks, Undressed Timber for (in certain sizes), 303(E). Timber — continued. Doors, Timber cut to shape, dtc, for, 303(T). Dressed, Bent, n.e.i., 303(w). Dressed, cut to shape, n.e.i., 303(w). Dressed, &c., for making Boxes or Doors, 303(1). Dressed n.e.i., 303(F). Elm Hubs, 303(2). Engravers' Boxwood, 303(aa). Engravers' Maplewood, 303(aa). Felloes, Hickory, cut, iSrc, rough. 303(dd) (2). Hickory, undressed, 303(Y). Hubs, Prepared, n.e.i., 303(0). Hubs, Elm, 303(2). Laths, Blind, 303(L). Laths n.e.i., 303(K). Logs, not sawn, 303(88). Mouldings n.e.i., 303(G). Mouldings, Picture and Room, 303(u)- New Zealand Rimu, 303(B). New Zcitland White Pine, un- dressed, 303(B). Palings, 303(N). Pickets, dressed, 303(j). Pickets, undressed, 303(1). Picture Mouldings, 303(0). Pine, New Zealand White, un- dressed, 303(B). Rims, Hickory, bent, &c., rough, 303(dd) (3). Rims n.e.i., 303(p). Rimu, undressed, 303(B). Room Mouldings, 303(0). Hough Sawn (Broom Stocks), 303(v). Shingles, 303(H). Skirtings, 303(G). Spars, rough, 303(00), Spokes, dressed (not Hickory), Spokes, Hickory, dressed, 2 inches and under, jo3(X). Spokes, Hickory, rough, turned, &C., 303(DD) (I). Staves, dressed or partly, bui not shaped, 303(q). Staves, undressed, 303(EE). Undressed, cut to size for boxes, 303(D) (2). Undressed, in certain sizes for door stocks, 303(E). Undressed, n.e.i., P3(a), (C), or (d) (I). Veneer, Three-ply, 303(R). Veneers n.e.i., 303(8). rime — Markers (Scientific Instruments). 448(c). Registers and Detectors, 159. Tables, Australian, 356(c). Tin Opener Knives, 220. Tinctures, 9. Tinned Plates and Sheets, 223 \\\)n Index to Acts. Customs Tariff 1908-1911 {Items)— continued. Tinsel— Uelting, 134(B)- Cloth, 134(B)- Thread, 134(B)- Tinselled Beitin;,', n.e.i., 134(A)- Tinsmiths' Machine Tools, 165(B). Tissue Cap Paper, 356(cc). Tissue Paper, 356(00). Tobacco — cut, 19. Culler Knives, 220. Destroyed lor mauufaclure o) Sheepvvash, &c., 23. Manulactured u.e.i., 18. i'ouclies, 415. Unmanufactured, 20. Unmanulaclured, to be manufuc lured into Cigars, 22. Unmanufactured, to be manutac- lured into Tobacco or Cigareiies. 21. Toe Bands, Steel (Cycle), 378. Toe Clips, Sleel (Cycle), 378. Toilet- Bays, Baskets, Boxes, or Cases 387(A). Combs, 328. Preparations (Perfumed or not), nun-spirituous, 295(A). Preparations (Perfumed or not), spirituous— Item 295(A) or 9, see 295(A). Preparations, spirituous, 9. Sets, 117(A). Soap, 100(A). Tool Handles of Wood, n.e.i., 3oy(A) and (b). Tools — Cleaning, for Guns, &c., 139(E)- Loading, for Guns, &c., 139(E). Machine, 166. (Specified in Ma chine Tools Bv-law.) Of Trade, 168. (Specified in Tools of Trade By-law.) Top Cloths for Ruling Machines, when imported with machines, &c., 447- Tops, Boot and Shoe, 345. Torrefied Barley, 77. Toys, 326. Traction Engines, i6i. Trade Catalogues n.e.i., 356(A). Tramway Rails, Fishplates, &c., 180 Transfers, n.e.i., 357(A). Transfers, Ceramic, 361. Transformations, 137(A). Transformers, Static, 177(A). Transom Catches, 205(A). Traps — Doe;, 210. Rabbit, 210. Steam, i6o(a). Vermin, 210. Travelling Blocks, 162(A). Travelling Boxes, Trunks, &c., 387(A) Tray Cloths, ri7(A). Irays — Ash, 415. Dressing and Instrument (Surgical, &c.), 442. Dressing iO[ihthaln»ic), 449. For Slide Cabinets (Bacterio- logical), 448(D). Impression, 442. Instrument (Oplithalmic), 449. Tread Drums for India-rubber work- ing, 165(B). Frees — For Agricultural Machines, 147(A). Lasts and (Wooden), 313. Trial- Cases (Ophthalmic), 449. Drums (Ophthalmic), 449. Frames (()plithalmic), 449. Lenses (Ophthalmic), 449. Iriangles, Band and Orchestral, 38b Tricycles — Children's, 373. Motor, 374. N.E.I., 372. Trimmings n.e.i., for Bonnets, Hats, Shoes and other Attire (not being in part 01^ wholly of gold or silver), 134(A). Trinket Boxes or Cases, 387(A). Trombones, Band and Orchestral, 386. Trophies — Or Prizes sent for competition in Australia, 444. Won abroad, 444. Trough Iron or Steel, rolled, 183. Troughs, Ligature Bottles and (Opn thalmic), 449. I'rouscr Clips, 378. Trumpets, Band and Orchestral, 386 Trunks — Fancy, j87(a). Hand, 387(A). Travelling, 387(A). Trusses, Surgical, 427. Tubas, Band and Orchestral, 386 Tube — Holders, X-ray, 442. Shields, X-ray, 442. Tubes (see also "Pipes" and "Tub ing")— Aluminium (plain), 191. And Pipes, iron and steel, not dutiable under Division VI., 229(E). Arsenic, Testing, 255(A). Bacteriological, 448(D). Boiler, 182. Brass (plain), 195. Britannia Metal (plain), 191. Bronze (plain), 191. Collapsible, 224. Copper (plain), 198. Electric Vacuum, 179(A). Index to Ads. 1191 Customs Tariff 1908-1911 iji^ms)— continued. Tubes (see also "Pipes" and "Tub- ing ") — continued. i- lexible Metal, 182. Galloway Boiler, 182. German Silver (plain), 191. lion or Steel, 6 inches and undei, 182. Metal-cased (unpolished), 182. Metal — Plated, Polished, or De corated, i8g. Morris, 139(0). Nickel (plain), 191. Platinum, 207. Porcelain (Scientific Apparamsi 242. Resistant Glass, 255(B). Vacuum Electric, i7q(A). Valved and Unvalved, 350(B). Water-bore Casing, 182. X-ray, 442. Yellow Metal (plain), iqi. Tubing — Bent, not brazed or plated, 375. Cycle (rough), 375. Platinum, 207. Rubber (cut sheet). Surgical, 351(A) Zinc, 178(A). Tubs, Wooden, 325. Tucked — Cottons (Piece Goods), 123(1)) Linens (Piece Goods), 123(D). Tung Oil, 234(1). Turbines, Steam, 160(A). Turbo-Blowers, 162(A). Turkey Red Oil, 234(1). Turnery, Brushmakers', 308. Turpentine, 235. Turpentine Substitutes, 234(K). Twines — Brushmakers', 398. Macrame, 398. Manufactures n.e.i., 398. Mattress, 398. N.E.I., 398. Reaper and Binder, 401. Roping, 398. Seaming, 398. Shop, 398. Twists, Sewing and Embroidery, 402. Type- Composing Machines, 164. Metal, 190. Printers', 173. Wood, 306(A). Types, Test (Ophthalmic), 449. Typewriters, 163. Typewriters, Copying Apparatus for, 405. Typewriting Paper (plain), 16 x n inches and over, 356(86). Tyre- Benders and Shrinkers, 165(B). Fabric Rubbered, 350(A). Mandrils (Steel) for Indiarubber working, 165(B). 379- Tyre — contimied. ( J'neumatic), Valves, Rubber, 350(A). Shrinkers, 165(B). Tyres, Rubber, 350 (b) and (c). u. Ultramarine Blue, 239. Umbrellas, 122. Under Gear, ("arriage, 380(B). Undertakers' Requisites, 421, Unfermented Wine, 14. Uniforms, Consuls', 432. Uniforms, Military and Naval, A? coutrements, &c., for, 135. Universities, Colleges, &c. — Machinery for instruction purposes, (Src, 441. Pictorial Illustrations, Casts and Models for teaching purposes, &c., 439. Scientific Instruments and Ap- paratus, &c., for use in, 440(A). Unloaders, Cane, 145. Unmedicated Plasters, 296. Upholsterers' Webs, 126. Uppers, Boot and Shoe, 345. L'rinals, Rubber, 351(A). Utensils (Kitchen), Cooking, of cast- iron', aluminium, or nickel, 170(0). Vaccination Shields, Surgical, 427. Vacuum — Ovens for Laboratories, 448(C). Pumps, Mercury, 448(c). Tubes, Electric, 179(A). Valises, 387(A). Valves, Pneumatic Tyre, 379. Vandykes, 239. Vaporizers, and the like, 406(A). Varnish — Lithographic, 237. Removers, 238. Stains, 237. Varnishes, 237. Vats, n.e.i., empty, 322. Vegetable — Black, 239. Oils, 234(?-). Oils, Denaturated, 234(G). Paint Oils, 234(1). Parchment, True, 356(aa). Wax, 42. Vegetables — Compressed, 6i(a). Concentrated, 6i(a). Dried, 6i(a). Drysalted, 6i(a). N.E.I., 60. Powdered, 6i(a). Preserved in liquid, or partly pre served, or pulped, 54(E) to (k). 1 1 ivj Index to Acts. Customs Tariff 1908-1911 (Items) — continued. Vehicle I'arts — Axles for Railway and Tramway Wheels, 222(A) and (B). Axles, n.e.i., 580(0). Axles, Roller-bearing and Ball bt-arin}^, n.c.i., ,580(0). Bicycle (see "Cycle Parts"). Bodies, n.e.i., 380(D). Bodies, Motor Car, 380(D). Bodies, Motor Lorries and Wag- gons, 380(0) Chassis of Motor Cars, Lorries, and Waggons, 380(E). Cycle [see "Cycle Parts"). Dashboards of Motor Cars, &c., 380(D). Felloes, Hickory, cut, &c., rough, 303(00) (2). Footboards of Motor Cars, &c., 380(D) Co-cart Bodies, 376. Cio-cart n.e.i., 377. Hoods, 380(6). Hubs, Elm, 303(2). Hubs, Prepared, n.e.i., 303(0). Malleable Iron Castings, 170(E). Motor Car Bodies, 380(D). Motor Car Chassis (not including Tyres), 380(E). Motor Lorry and Waggon Bodies 380(0). Motor Lorry and Waggon Chassis, 380(E). Mudguards of Motor Cars, &c., 380(D). N.E.L, 380(1)). Perambulator and Go-cart Bodies, 376. Perambulator and Go-cart n.e.i., 377- Poles, dressed, 319. Poles, rough, 318. Rims, Hickory, bent, &c., rough, .303(nD)_(3). Rims n.e.i., 303(p). Shaft Bars, 321. Shafts, 314 to 317 inclusive. Spokes, Hickory (dressed), 2 ip and under, 303(X). Spokes, Hickory, rough, turned, &c., 303(00) (i). Spokes, not Hickory (dressed), a in. and under, 303(11). Springs, 380(B). Under Gear, Carriage, 380(B). Valves for Pneumatic Tyres, 379. Wheels for Railways, &c. (as defined), 222. Wheels, n.e.i., 380(G). Whiffle Tree Bars, 320. Vehicles — Aeroplanes, 380(F). Bicycles, &c., 372. Children's Tricycles and Quadri cycles, 373. Cycles, 372 to 374. Go-carts, 376. Vehicles — continued. Motor Cars — Bodies and Chassis of, 380 (u) and (e). Motor Cycles, &c., 374. Motor Lorries and Waggons — Bodies and Chassis of, 380 (o) and (e). N.F.L, 380(A). Perambulators, 376. Tricycles, &c., 372. Tricycles, Motor, and similar vehicles, 374. Veilings (Piece Goods), 123(D). Velveteens (Piece Goods), 123(D). Velvets (Piece Goods), 123(D). Veneer, Tliree-ply, 303(r). Veneers n.e.i., 303(8). Vermicelli, 76. Vermilions, 239. Vermin Traps, 210. Vermouth (Wine), 13. Vertical Parallel Boiler Tubes, 182. Vessels, Launches, Yachts, &c., 392. Vesta Boxes, empty, 356(8) and (T* Vestas — Of all kinds, 79. In Boxes upon which the number contained therein is not printed, &c., 79(E). In Boxes, with printed matter thereon other than manufac- turer's name, &c., 79(D). Veterinary Instruments and Appliances (as specified), 442. Views, Stereoscopic, 410(A). Vinegar, 273(A) to (o). Violin Mutes and Chin Rests, 385. Violins, 386. Violoncellos, 386. Viscosimeters, 448(C). Visiting Cards, 357(A). Viticultural Machinery — As defined, 152. And Implements n.e.i., 145. N.E.L, 145. Voltoids, Sal-ammoniac, 283. w. Waddings, n.e.i., 124. Wading Boots, 348. Wads, Cartridge, 409(E). Waist Belts (Naval and Military), ^35- Walking Sticks, 306(A). Wall— And Ceiling Parts, and Decora- tions n.e.i., 422. Diagrams, Natural History, 437. Paper, 356(11). Wallets, 387. Washboards, 306(A). Washer Cutting Machine Tools for Indiarubber working, 165(B). Index to Acts. 1193 Customs Tariff 1908-1911 {Items)— continued. Washers — Copper, 225. N.E.I., 184. Spoke (Cycle), ^79. Washes — Cattle, 284(A). Horse, 284(A). Sheep, 284(A). Washing Machines — Clothes, 144. Wool, if)5(A). Waste Paper, .i56(w). Watch — Glasses, 254. Springs, 340. Watches — And Bracelets combined, 336. N.K.I., 33q. Water- Beds, Rubber, 351(A). Bore Casings, 182. Paints, 236(H). Proof Cloth, Rubbered (Fierf Goods), 123(G). Purifiers, Machinery, iho(A). Towers, 433. Waters — Aerated, 17. Medicinal n.e.i., 2g2(A). Mineral, 17. Table, 17. Table, Preparations n.e.i. packed for household use, for production of, 17. Wa.v- Bees, 42. Bottling, 3.57(A). Carnauba, 42. Ceresine, 42. Compounded, 44. Japanese, 42. Mixed or Compounded, 44. N.E.I., &c., 42. Paraffine, 42. Sealing, 357(A). Shoemakers', 44. Vegetable, 42. Waxed Stencil Paper, 356(ff). Weapons, Aboriginal, 332. Webs- Saddlers', 126. Upholsterers', 126. Wedding Cards, 357(A). Wedgers, Patent, 217(A). Weighbridges — Automatic, 159. N.E.I., 158. Weighing — Bagging and Sewing Machines, 150. Machines, Automatic, 159. Machines n.e.i., 158. Weights — For Chemical, Analytical, and Assay Scales, 213. N.E.I., 158. Welding Compounds, 425. Whale Oil, 235. Wheat, Phosphorized, 65(D). Wheaten Flour, 65(B). Wheels — Chain, Cycle, 379. Sprocket, Cycle, 379. Steel and Steel-rimmed, for Rail- ways, &c., 222. Vehicle n.e.i., 380(G). Whet Stones, 270. Whiffle Tree Bars, 320. Whips, including Keepers, Thongs, and Lashes, 352(A). Whisks, 394. White Lead, Dry, 236(E). White, Pans, 239. Whiting, 236(F) Wicker — Articles made of, n.e.i., partly 01 wholly finished, 304. Chairs, 299(c). Lounges, 299(B). Settees, 299(B). Wigs, 137(A). Window — Catches, 205(A). Screens, 306(A). Wmdows, Stained Glass, 417(B). Wine — Ginger, 15. Grape, Unfermented, 14. Medicated, 13. N.E.I., 15. Other than Grape, 15. Prune, 15. Sake, 15. Sparkling, 12. Still, 13. Testing and Analyzing Apparatu> for, 448(F). Vermouth, 13. Wings (natural Birds'), no. Winnower Forks, 152(A). Winnowers, 147(A). Wire- Barbed, 185. Copper, 198. Covered (Electric), 179(A). Gold, 338. Iron and Steel, 229(c). Nails, 156(B). N.E.I., 226. Netting, 186. Netting Machines, 165(B). Silver, 3-^8. Woven, 226. Wires, Ear (Jewellery), 336. Wires for Paper-making Machines, 447 1 1".I4 Index to Acts. Customs Tariff 1908 1911 (Items) — continued. Wood— Any article of, or paitiv of, foi !• urniture, 2yi)(A). Articles made of, n.e.i., [lartiy or wholly tinislieil, }o6(a). Hoard, 35blN). buckets, J^S- Uurgs, joblA). I'inislu-s, JJ7. Lasts and Trees, 313. Nii|)lillia, b. I'ulleys (split), 3ob(A). Rules n.e.i., 3ob(A). Rules, School use, 306(B). Screws, 175(B). Treis and Lasts, 313. Tubs, 325. Type, 306(A). SVoodware, Hrushmakers', 308. Wool- Absorbent (and Medicated), 442. { otton (and Waddings), n.e.i., 124. Definition of : The term includes all manufactures of wool or hair or combinations thereof (see In troductory Notes to Schedule, supra, p. 225). Fat, Crude, 296. Medicat'id and Absorbent, 442. Packs, 113. Piece Goods containing, 123(A). Scouring and Washing Machines, 165(A). Steel, 2iq Ynrn n.e.i., 400(B). Woollen — Definition of : The term " Wool " or " Woollen " includes all manufactures of wool or hair nr combinations thereof (see Intrr) ductory Notes to Schedule, stifra, p. 225). Piece Goods, 123(A). Piece Goods, Waterproof, 123(G)(1). Socks and Stockings, 132(A). Work Boxes, &c., 387(A). Workmen's Baskets, 388. Works of Art — F"or Public Institutions or p'l? poses, 417(A). Statuary, 418. Woven Wire, 226. Wrapping (Apple) Paper, 356(1) (2). Wrapping Paper, 356(1) (r). W^rappers, Writing Paper, 357(A). Wringers, Clothes, 144. Wristlets, Rubber, 350(A). Writing — Cases, 357(A). Desks (not fuiniture), 357(A). Ink, 360. Pa[>er, in sizes less than 16 > 1 } inches, 357(A). Pap,er (plain), 16 x 1 ^ inches dud over, 356(nn). Wrouglitiron — Fittings for Pipes, 182. Pipes n.e.i., 181. X-ray Apparatus (as defined), 442 Xylonite Articles, n.e.i., 426. Vnchts, 392 (c) and (d). Varns — Asbestos, 423(B). Coir, 400(E). Cotton, Mercerised, 400(D) Cotton n.e.i., 400(c). Flax, 400(A). Hemp, 400(A). Hosiery, 400(F). Jute, 400(A) N.E.I., 400(F). Reaper and Binder, 401. Wool n.e.i., 400(B). \ east Food — Malto-peptone, 278(A). Preservatives, 278(A). \ east Nourishment, 278(A). \ellow Metal, 191. Yokes for Agricultural Machines, '47(A)- Zinc- Bars, 227. Blocks, 228. Circles., 227. Ingots, 227. Refining Retorts, 163. Scrap, 227. Sheets, perforated, 227. Sheet (plain), 227. Sulphite, Hydrosulphites contain- ing, 286. Tubinp, 178(A). Index to Acts. 195 Customs Tariff (South African Preference) 1906. Rates of duty on certain goods from British South African Colonies | or Protectorates . . . . . . . . . . . . \ Time from which duties are to apply Defence Act 1903-1911. Absconder. See Deserter : Desertion. Absence, leave of, from trrining during inclement weather leave of, regulations for without leave from Citizen Forces on active service without leave, stoppage of pay during Accoutrements of Cadet Corps unlawfully disposing of, retaining, &c. See Offences. See also Property. Act, application of, to Naval and Military Forces application of, to Imperial Forces serving in Australia with Defence Force commencement of commencement of, forces existing at, deemed to have been raised under Act members of existing forces are subject to, without re-appoint ment or enlistment . . non-application of compulsory trainmg provisions of, to certain persons of Federal Council of Australasia specified in First Schedule, to cease to apply to Commonwealth Forces parts of short title of . . . . . . " State. See State Acts. " this Act," definition of wilful contravention of, penalty for, when no other penalty provided Active Forces, definition of . . Active Military Forces, appointment of officers in. See Appoint ment. constitution of oath of enlistment for . . oath of enlistment for, effect of. . persons discharged from, may be enrolled in reserves seniority of officers in . . Active service. Citizen Forces may be called out for, in time of war Citizen Forces liable to, when called out. . Citizen Forces to be returned to their military dis tricts after employment in . . Citizen Forces, absence from, without leave, when on, punishable as desertion . . definition of marked ability and gallantry in, promotion for member incapacitated on, provision for member killed, or whose death caused on, provision for widow and family of Jlilitary Forces subject to Army Act while on save when inconsistent with this Act or as pre scribed . . . . . . _ Permanent Military Forces liable to be employed on Affirmation. See Oath. Age for compulsory retirement of officers and members for compulsory retirement may be extended in special cases for liabilitj' to service in Citizen Forces in time of war Section. Page. 127 301 124 (/) 299 78 291 119 298 62 (3) 286 54a 3 34 34 131 6 2 1 32a (2) 37 38 42 19 46 47 50 78 4 22 57 57 55 45 27 27 59 271 271 276 284 275 281 281 302 276 274 274 292 281 282 282 282 278 283 283 283 291 275 279 284 284 284 283 280 280 285 ii'.n; Index to Acts. Defence Act 1903-1911 — continued. Age for rofjislnitioii and enrolment for training for tiivinin;^ in .liinior Cadets for tniiiiinfi in Senior Ciidots for training in Citizen Forces retirement for, funds for annuities and gratuities to members of Permanent Forces on Allowances. See Pay. Ammunition factories, power to establish and maintain See also Property. Animal drawing vcluclo used on march or duty, toll not to be taken for. 8ce Toil. Animals, impressment of ])eriodiial registration of . . Annuities, funds for, to members permanently injured on duty . See also Members of Defence Force, funds for, to members of Permanent Forces retired fo age or infirmity Appointment of Commandant of Military College District Commandants Districts, Military, and Sub- Districts Inspector-General instructors . . non-commisaioned officers officers, above rank of captain above rank of major before commencement of Act to continue . . civil contract not created by during pleasure of Governor- General first, persons who have served in ranks to be preferred for for distinguished service, without exami nation from the ranks in Active Military Forces- provisional, without examination provisional, termination of, if amination not passed . . without examination, in case of Officers of King's Regular Forces in time of war, to command whole or any portion of the Defence Force of Permanent Forces to be from gradu ates of Military College vested in Governor- General warrant officers Appointment, production of, is prima facie evidence of appoint ment under Act, existing forces are subject to Act without Appointments in Department of Defence to be appointments in Defence Force, except in certain cases Appropriation of money, nothing in Act to be taken as an . . Arms factories, power to establish and maintain unlawfully disposing of, retaining, &c., See Offences. See also Property. Army Act, application of, to Military Forces . . definition of Mihtary Forces subject to, when on active service, save when inconsistent with this Act or as prescribed offence against, included in term " naval or military offence " penal servitude imposed by, imprisonment may be substituted for . . Section. Page. 142 305 125(a), 120 300, 301 125(6), 120 3(10, 301 125(c)(ci), 126 123 63 [d) 67 67 123 123 147 8 (V.) i(ni.)(iv.: 8(1.) 2lB 18 2lA 2lA 10 13 16 11 22 llA 14 15 14 8 (viir.) 148 8 (VII.) 18 121 34 63 (3) 7 63 [d) 54a 4 55 4 106 300, 301 298 287 288 298 298 306 277 277 277 279 278 279 279 277 278 278 277 279 277 278 278 278 277 307 277 278 298 281 287 276 287 284 275 284 275 295 Index to Acts. 119: Defence Act 1903-1911 — continued. Arrest of deserters or absconders of deserters, execution of order or warrant for of member charged with naval or military offence when on duty or wearing uniform of member of Citizen Forces, discontinuance of . . of person not subject to naval or military law, for contempt of court-martial without warrant, for sketching, &c., or trespassing on defence work See also Detention, Artillery, Permanent Military Forces may be raised for practice. See Practice, ranges. See Ranges, training in Attorney- General, proceedings of courts-martial to be transmitted to, for record Bad character, persons of notoriously, not permitted to serve in Cadets or Forces Bands, military, number of soldiers who may be allotted to Bar, See Toll. Battery. See Defence works. Billeting members in time of war in house occupied solely by women or children, not authorized , . regulations for Board of Administration for Military Forces. See Military Board. Boats, impressment of periodical registration of See also Ships. Books for examination purposes to be free to candidates Bridge. See ToU. British subjects, liability of, to service in Citizen Forces in time of war liability of, to undergo training none but, admitted as students of Military College not permanently resident in Australia may be admitted as students of Military College on conditions Cadet Corps, regulations for maintenance, control, regulation, and training of Cadets at Mihtary College, corps of . . command of commissioned rank in, deemed honorary rank in Defence Force failure of, to render personal service jimior, duration of tr^uning in not to wear uniform . . training of . . officers and non-commissioned officers of persons liable to be trained as persons not permitted to serve in senior, duration of training in officers of, eligible for appointment in Citizen Forces to wear uniform training of . . annual classification of efficiency of persons trained in. . limitation respecting service in the ranks not to apply to officers in . . training years in connexion with the Canteens, regulations for establishment and conduct of Cantoning members in time of war Certiorari from coiurt- martial not allowed Charge. See Offence, 114 122 113 113 90 82 (4) 31 (2) 127 99(1) 141 123d 68 68 124 (}() 67 67 llA 59 125 147b 147b 124 (i) 147a 62 (5) 62 (6) 135 127 62 (3) 62(1) 62 (4) 125 141 127 62(7) 62 (3) 62(1) 133 llA 126 124 (o) 68 100 Page. 297 298 297 297 293 292 280 301 294 305 299 288 288 299 288 288 277 285 300 306 306 299 306 286 286 303 301 286 286 286 300 30e 301 286 286 286 302 277 301 299 288 295 11 '.»8 Index to Acts. Defence Act 1903-1911 — continued. Citizoii Korccs, t\w absence from, witliout leave when on active service punishnhlo as desertion arrest of member of. when to be discontinued calling out of, in time of war, for active service . . callinj; out of, reason for, to be proclaimed calling out of. reason for, to be communicated to Parliament if sitting calling out of, Parliament if not sitting to be sum- moned to meet within ten days of reason for, being proclaimed constitution of disrating and discharge of soldiers and seamen of, bj' commanding othcer enlistment of persons liable to serve in enlistment of persons in, order of See also Enlistment. enrolment of persons liable to serve in, in time of war, regulations for choice by ballot, from persons enrolled, of persons required for service in, regulations for employment of, on active service, when called out liability of male inhabitants to serve in, in time of war Mihtary, division of, into Active and Reserve persons liable to be trained in proclamation that active services no longer required promotion from the ranks in . . punishment of member of, by commanding officer raising, maintenance, and organization of retirement of members of, within three months after commencement of Act return of, to Military District, after active service training, &c., in uniforms to be supplied free to Civil appointments in connexion with the Defence Force contract, appointment or promotion of officer not to constitute Court. See Court, Civil. College, Military. See Military College. Commandant, District. See District Commandant. of Mihtary College, appointment of Commanding Officer, action by, for value of property lost or damaged death, resignation, or removal of, does not abate action or suit may disrate or discharge soldier or seaman for good cause, if authorized by regulations . . property of corps or ship's company deemed property of, for legal proceedings property, alienation of, ineffectual without consent of . . punishment by, for offences, regulations may authorize responsible for property supplied to his corps or ship's company Commissions, cancellation of, proposed, officer must be notified of, and called on to show cause . . cancellation of, notification of proposed, not necessary in case of absence without leave Governor-General may issue, to officers . . persons who have served without, to have preference in first appointment . . resignation of, except in time of war Section. 30 78 113 46(1) 46 (2) 46(3) 46 (4) 32a 112 60(1) 60 (2) (3) 124 (c) Page. 124 (c) 47 299 283 59 32a (1) 125 47 llA 285 281 3C0 283 277 108 33 295 281 34 50 >art XII. 123E 63 13 281 283 300 299 287 278 147 306 58 284 111 296 112 297 111 296 111 296 108 295 58 284 16 278 16 8 (VII.) 278 277 11 17 277 278 280 291 297 283 283 283 283 281 297 285 285 299 Index to Acts. 1199 Defence Act 1903-1911 — continued. Commissions, seniority regulated by date of, in Active Military Forces Commonwealth, civil contract witli, not created by appointment or promotion of officer defence and protection of. See Defence and pro- tection, offences by officer of. See Offences, property of. See Property, railways of. See Railways, service beyond, members may volunteer for service beyond. Military Forces not liable to, except voluntarily. . territories of, service of Military Forces in tramways of. See Tramways. Commonwealth Public Service Act 1902, non-application of, to persons engaged in civil capacity in Defence Force Compensation for loss, injury, or damage by exercise of powers in relation to defence, regulations for . . for entry on or use of lands by Defence Force to members incapacitated. See Annuities : Gratui- ties : Members, to wives and families of members, regulations for . . to wives and families of members, provision for . . Compulsory training, provisions for universal . . Conscientious scruples, exemption from service in time of war on ground of . . non-exemption from non-combatant duties on ground of Contempt of Court-martial. See Court-martial. Contract, civil, appointment or promotion of officer does not create . . Contractor, purveyor, &c., supplying inferior articles Conveyance, regulations for, in time of war See also Railways : Transport. Convicted persons, certain, not permitted to serve in Cadets or Forces . . Corps, Cadet. See Cadet Corps. disbanding of, or of portion of property of. See Property. See also Commanding Officer. Council of Defence, constitution of . . powers and functions of. to be as prescribed . . Counsel, defence by, on trial by court-martial on trial for capital offence, at expense of Crown Court, civil, accused person entitled to counsel at expense of Crown in capital cases tried by offences against Act may be tried by proceedings of court-martial not to be removed into, by certiorari or otherwise punishment by, for contempt of court-martial Court of summary jurisdiction — prosecutions against officer in, by whom brought . . prosecutions against soldier or sailor in, by whom brought . . prosecutions in. authorization of persons to bring . . prosecutor's averment of authority not to be questioned by punishment by. for contempt of court-martial Court-martial, accused person at, counsel may defend . . accused, counsel provided by Crown for, in capital cases accused entitled to copy of proceedings in accused not to be required by, to give evidence or produce documents . . attendance at, of member of Permanent Forces, may be ordered Section. 19 13 117 49 49 63 Page. 278 278 298 283 283 287 124 (r) 69 299 288 124 {t) 1 57 Part XII. 299 284 300 61 285 61 285 13 73(6) 124 (m) 278 289 299 ■ 141 305 44 282 28 28 96 280 280 294 96, 103 294, 295 103 102 295 295 100 90, 91 295 293 110 (1) 110(1) 110 (2) 110(3) 91 (a) 96 296 296 296 296 293 294 96, 103 99 (3) 294, 295 295 94 294 93 i 294 1 21 »< > Index to Acts. Defence Act 1903-1911 — contmued. Page. Court-iniirtial, composition of, laws applicable to composition of, power of Governor-General as to composition of, regulations as to contem])t of . . contempt of, by person not subject to naval military law contempt of, punishment for cont«my)t of, summary conviction for convening of, power of Governor-General as to convening of, regulations as to . . delegation of powers of Governor-General as to to be revocable not to prevent exercise o* power by Governor- General . . revocation of, not to affect prior acts documents, production of, at . . evidence at . . powers of, laws applicable to . . powers of, regulations as to powers of, as to sentencing President of, power of, to arrest civilian for contempt President of, power of, to issue warrants for detention or imprisonment proceedings of, laws applicable to proceedings of, not to be void for want of form proceedings of, not to be removed into civil court proceedings of, regulations as to proceedings of, transmission of, for record and pre- servation regulations as to convening, composition, procedure, and powers of sentence of death; in what cases, may pronounce . . sentence of death passed by, confirmation of, by Governor- General sentence passed by, power of Governor-General to approve, confirm, mitigate, or remit sentence by, Avarrant for imprisonment upon. See Warrant, sentencing, powers of, as to trial by, for desertion of members or ex-members . . trial by, for any other naval or military offence, of members or ex-members, within six months of discharge . . trial by, of offences against Act trial by, persons not subject to naval or military law not liable to . . trial by, right of member to, before dismissal or reduction . . witnesses, summoning of, to witnesses disobeying summons to Courts of Inquiry, regulations for convening, composition, procedure, and powers of . . Custody. See Detention. Death, offence punishable by, person accused of, entitled to counsel at expense of Crown sentence of, for what offences court-martial may infiict sentence of, by court-martial, confirmation by Governor- General of Defence and protection of Commonwealth and States — general powers for Permanent Forces liable to be employed in raising, maintenance, and organization of Forces for See also Active service : Domestic violence. Defence Force, constitution and divisions of . . 88 86 (6) 124 {g) 89 90 91 92 86 (a) 124 (7) 87(1) 87 (2) 87 (2) 87 (3) 93, 94, 95 93, 94, 95 88 124 (g) 97 90 115 88 100 100 124 (g) 99 124 {g) 98 98 86 (c) 97 105 104 102 90 94 95 124 (fir) 96, 103 98 63(/) 45 33 30 293 293 299 293 293 293 294 293 299 293 293 293 293 294 294 293 299 294 293 297 293 296 296 299 294 299 294 294 293 294 295 295 295 293 293 294 294 299 294 294 294 287 283 281 280 Index to Acts. 1201 Defence Act 1903-1911 — continued. Defence Force, discharge from. See Discharge. discipline and good government of, regulations for dismissal from. See Dismissal. drill, training, and inspection of, regulations for emjiloyment of persons in civil capacities in con- nexion with the enlistment in, voluntary except in time of war . , enlistment in, in time of war. See Citizen Forces. See also Enlistment, exemption from service in exemption from service in, burden of proving ex-merabers of, may sue Commonwealth for moneys due ex-members of, trial of, by court-martial. See Court-martial, may be authorized to enter and use lands for trainmg, manoeuvres, &c. may be placed, in time of war, under orders of King's Regular or Naval Forces members of. See Members, obstructing or interfering with . . officers of. See Officers. owner or occupier of land entitled to compensation for damage caused by entry of Defence works, power to construct and maintain sketching, photographing, &c., without authority entering or approaching with sketching, &c., materials, with intent trespassing on, or on land reserved for . . unlawfully giving or obtaining information as to . . Delegation of powers of Governor- General as to courts-martial. See Court-martial. Deserter or absconder, arrest of, upon warrant execution of order or warrant for arrest of Desertion, absence without leave from Citizen Forces on active service, punishable as . . member or ex-member may be tried by court-martial for, at any time offences connected with. See Offences, to the enemy, court-martial may sentence to death for . . Detention in custody for naval or military offence discontinuance of, in case of members of Citizen Forces in naval and military custody, power of, under any law not affected of person evading or failing to render personal service warrant for. See Warrant. Disbanding of corps or portion of corps Discharge at expiration of period of service Discharge before expiration of period of service — from Militia and Volunteer Forces . . from Reserve Forces Discharge from Active Military Forces, person obtaining, may be enrolled in Reserve Forces from Citizen Forces, by Commanding Officer, for good cause . . from Citizen Forces, charge to be notified in writing and opportunity given to show cause before in time of war, member not entitled to sentence of, by court-martial . . . . • ■ where person has re-enlisted after expiration of original enlistment Discipline of Defence Force, regulations for Dismissal, right to trial by court-martial before Section. 52, 124(1) 284, 299 Page, 52 63 35 61 (I) 61a 12 284 287 281 285 286 278 69 288 53 284 81 291 69 63 (h) 82(1) 288 287 292 82 (2) 82 (3) 3 (/) (f/) 292 292 289 114 122 297 298 78 291 105 295 98 113 113 294 297 297 115(4) 135 297 303 44 39 282 282 40 41 282 282 42 282 112 297 112 36, 39 97 (a) . 297 281. 282 294 36 52 88 281 284 293 12<>"J Index to Ads. Section. Defence Act 1903-1911 —continued. Dismissiil, sentonco of. by coiirt-m;utiil .. .. ..I sontonce of, by Commanding OfTiccr, in case of Citizen I Forties Dispensing;; with services of officer or soldier See also J)iscli irj^e : Dismiss il. Disqu ililication of |)ersons evading service Di-irating. See Redaction. District Comm mdant, action or suit l)y, not abated by his death, resignation, or removal a])|)ointment of, by Govcrnor-Ceneral Cadets to be under orders of death, resignation, or removal of, does not abate action or suit by definition of . . . . . . proceedings of regimental court-martial to be preserved in office of pro])erty of Military Forces, not appro- priated to particular corps, deemed to be vested in . . prosecutions, summary, to be brought by or in name of prosecutions, may authorize officer to bring, in his name prosecutions, averment that prosecutor is authorized by, to bring, conclusive See also Military Districts. District, Military. See Military Districts. Documents, production of. See Court-martial. Domestic violence, calling out of Forces for protection of States against . . Drill, Defence Force subject to, as prescribed . . duration of . . officer claiming pay for, except as prescribed, or for men not present soldier or seaman claiming pay for, with another corps use of lands for purposes of . . whole-dfty or half-day drills may be substituted for night drills Due. See Toll. Duty, arrest for offence when on. See Arrest, member incapacitated on, provision for. . member injured permanently on, funds for annuities or gratuities to member killed, or whose death caused on, provision for widow and family of conveyance of members of Defence Force when on. See Railways : Tramways, neglect of, counselling or aiding obstructing or interfering with Defence Force or member on toll not to be taken from member on march or . . See also Toll. Educational establishment, training of students at, in special units Efficiency, annual classification of, of Senior Cadets and Citizen Forces . . Employer not to prevent employee from, or penalize him for, undergoing training Engagement. See Enlistment. Engineers, Fortress, Permanent Military Forces may be raised for Submarine Mining, Permanent Military Forces may be raised for training in Enlistment, evading, &c. See Offences. !>7 (a) 108 44 136 111 8(v.) 62 (.5) 111 4 99 (2) 111 110(1) no (2) 110 (3) 51 52 127 73 (a) 73(c) 69 127 57 123 57 75(3) 81 70 128 133 134 31 (2) 31 (2) 127 Page. 294 295 282 304 296 277 286 296 275 295 296 296 296 296 283 284 301 289 289 28g 301 284 298 284 290 291 288 302 302 302 280 280 301 Index to Acts. 1203 Defence Act 1903-1911 — continued. Enlistment in Active Military Forces as a soldier, oath to be taken on . . in Citizen Forces in time of war . . See also Militia Forces : Citizen Forces, in unauthorized force, inducing or attempting to induce information required for, not giving, or giving false. See Offences, oath of. See Oath.* period of, in Permianent Military Forces and Militia Forces period of, in Volunteer Military Forces and Military Reserves re-. See Re-enlistment, to be voluntary, subject to liability to serve in time of war under Act, existing Forces are subject to Act without See also Enrolme;it. Enrolment of persons liable to serve in Citizen Forces, regulations for refusing or neglecting to make any prescribed registration and, for Naval and Military training See also Enlistment. Entry on lands by Defence Force may be authorized . . compensation payable for damage caused by Equipment, Naval and Military, establishment of factories for manufacture of . . Evading service, penalty for disqualification of persons Evidence, production of appointment, &c., is prima facie, of appointment, &c, production of Record Book is prima facie, of entries therein contained See also Court-martial. Examination, appointments and promotions to be allotted to per sons successful in . . appointment without, for distinguished service books for, to be supplied free to candidates for appointment of officers in Active Military Forces for promotion of officers medical, of persons liable to be trained officers of King's Regular Forces may be appointed without promotion without, for distinguished service provisional appointment without provisional promotion, subject to passing to be passed within prescribed time after provisiona appointment Exemption from service in time of war from service, burden of proving from training in time of peace from training, burden of proving from training, of certain parts of the Commonwealth from training, of certain persons, temporarily Factories, arms and ammunition, power to establish and main tain establishment of, for manufacture of Naval and Military equipment employment of persons in a civil capacity in False parade state, return, &c. See Offences, personation. See Offences. pretence, soldier or seaman obtaining pay or money by Family, widow and, of member incapacitated on active service, provision for Section. 37 60(1) 118 36 36 35 5, 34 124 (f) 74(2) Part XIV. 69 69 63 135 136 121 146 llA 22 11a 14 21 (1) 144 14 22 14 21 (2) 15 61 61a 138 139 140 140a 63 (d) 63 (da) 63 73 (d) 57 Page. 282 285 298 281 281 281 276, 281 299 290 305 288 288 . 287 303 304 298 306 277 279 277 278 279 306 278 279 278 279 278 285 286 304 305 305 305 287 287 287 289 284 1L'U4 Index to Acts. Defence Act 1903-1911 — continued. F:imily, wife .uul, of inoinbor, regulations for compensation to wife iind. of married morabor of Permanent Forces, regu- lation for insurance for benefit of . . Farms for breeding horses, establishment of . . Federal Council of Australasia, Act of, specified in First Schedule, to cease to apply to Commonwoalth Forces . . Fidelity, regulations for security for .. .. r. Fieldwork. See Defence works. Forces, Active. See Active Forces. Citizen. See Citizen Forces. existing at commencement of Act, application of Act to . . deemed to have been raised under Act members of, may retire within three months King's Regular. See King's Regular Forces : Navy. Military. See Military Forces. Militia. See Militia Forces. Naval. See Naval Forces. Pennanent. See Permanent Forces : Permanent Military Forces, raising, maintenance, and organization of, for defence and protection Reserve. See Reserve Forces. Volunteer. See Volunteer Forces. See also Defence Force. Forgery of warrant or order under Act Fortifications. See Defence works. Forts, power to contruct and maintain See also Defence works. Furlough of members, regulations for Gate. See Toll. Goods, impressment of Governor-General, death sentence passed by court-martial, con- firmation of , by . . definition of oflicers hold appointments during pleasure of. . power of, to appoint Military Districts, officers, &o. .. power of, to convene and constitute courts- martial, and to confirm or remit sentences. . power of, delegation of power of, to make regulations Gratuities, funds for, to members permanently injured on duty See also Members of Defence Force, funds for, to members of Permanent Forces retired for age or infirmity Guardian not to prevent ward from undergoing training to register ward who is liable for training Half-pay list, officers of Permanent Military Forces may be placed on officers on, re-employment of . . officers on, if not re-employed, to be placed on un- attached list officers on, seniority of High Court, punishment by, for contempt of court-martial Horse depots, &c., establishment of . . used by member of Defence Force on march or duty, or by prisoner in his charge, toll not to be taken in respect of . . See also Animals. Imperial Forces, application of Act to members of, serving in Aus- tralia with Defence Force . . Section. 124 (0 124 {h) 63 {dc) 6 124 (e) 5 34 34 33 73 (i) 63 (6) 124 (/) 67 98 4 16 87 124 123 123 134 142 23 23 23 23 91 (6) 63 (dc) 70 (b) 54a Page. 299 299 287 276 299 276 281 281 281 289 287 299 288 294 275 278 277 293 293 299 298 298 302 305 279 279 279 279 293 287 288 284 Index to Acts. 1205 Defence Act 1903-1911 — continued. Imperial Forces, application of Army Act to members of Military Forces serving with members of, outside Aus- tralia Impressment of vehicles and animals Imprisonment may be awarded in lieu of penal servitude may be awarded for evading or failing to render personal service of person sentenced by court-martial. See Warrant, place of Indictable offences . . See also Offence : Offences. Infirmity, retirement for, funds for annuities or gratuities to mem- bers of Permanent Forces upon Information as to defences, unlawfully giving or obtaining. See Offences, refusing to give, or giving false. See Offences. Injury on duty. See Members of Defence Force. Inspection, Defence Force subject to, as prescribed persons liable to be trained to attend for Inspector- General — appointment of, by Governor-General definition of . . powers and duties of. to be as prescribed . . powers and duties of, performance of, during vacancy or absence Insurance by married members of Permanent Forces, regulations for Intoxicating liquors, sale or supply of, prohibited in certain camps, &c. Judges, exemption of, from service in time of war Junior Cadets. See Cadets. Juries, members of Permanent Forces exempt from service on . . King's Navy. See Navy. King's Regular Forces, Defence Force may be placed under orders of any commander of, in time of war . . laws and regulations for composition, procedure, and power of cotu^ts-martial in, application of . . members may volunteer to serve with forces raised to augment officers of, may be appointed officers of Defence Force without examination Landing place. See Toll. Lands, Defence Force may be authorized to enter and use reserved for defence work, trespassing on Law, naval or military, persons not subject to, not punishable by court-martial State. See State Acts. Lighthouses, persons employed in, exempt from service in time of war Liquors. See Intoxicating liquors : Spirituous liquors. Magistrates, exemption of, from service in time of war Manoeuvres, use of lands for purposes of March. See Duty. Married Establishment, certain persons entitled to be placed on the Medical practitioners employed in hospitals exempt from service in time of war not exempt from non- combatant duties . . Member includes officer, seaman, and soldier . . See also Forces. Members of Defence Force — billeting of, in time of war billeting of, with women or children only, not authorized billeting of, regulations for C. 11 128. -VOL. II. P Section. 54a 67 106 135 116 73 123 52 144 8(1.) 4 9 124 (h) 123a 61 43 53 117 14 69 82 (3) 90 61 Page, 61 69 285 288 1230 299 61 285 61 4 285 275 68 68 24 (n) 288 288 299 284 288 295 303 297 289 298 284 306 277 275 277 277 299 298 285 282 284 293 298 278 288 292 293 285 1200 Index to Acts. Seotion. Defence Act 1903-1911 — continued. Memlierfl of Dcfonoe Force — continued. cantoning of, in time of war . . . . . . . . 68 conveyance of. See Railways : Tramways. furlough of, regulations for . . . . . . . . 124 (/) incapacitated on active service or duty, jirovision for . . 67 injured permanently on duty, funds for annuities and gratuities to 123 killed, or whose death caused, on active service or duty, pro- vision for widow and family of . . . . . . 67 leave of absence of, regulations for . . . . . . 124 (/) obstructing or interfering with . . . . . . . . 81 offences by. See Offence : Offences. pay of. See Pay. persons who have ceased to be. See Defence Force, ex- membors. punishment of, by commanding officer . . . . . . 108 See also Offence, quartering of, in time of war . . . . . . , . 68 quartering of, with women or children only, not authorized . . 68 quartering of, regulations for . . . . . . . . 124 (n) retirement, compulsory, ago for . . . . . . 27 retirement, compulsory, extension of age for, in special cases 27 toll not to be taken for, on march or duty. See Toll, volunteering to serve in Force raised to serve with King's Regular or other Forces . , . . . . . . 117 volunteering to serve beyond the Commonwealth . . . . 117 Military Board, constitution of . . . . . . . . 28 (2) powers and functions of . . . . . . 28 (3) Military College, cadets at . . . . . . . . . . 147a Commandant of, appointment of . . . . 147 establishment of . . . . . . . , 147 graduates of, rights of, as to appointment as officers of Permanent Forces . . , . 148 members of Forces, admission of , to . . . . 148 officers of Permanent Forces to be appointed from graduates of . . . . . . . . 148 only British subjects admitted as students of . . 147b pay and allowances of officers attending . . 151 regulations for the regulation and government of 124 (5) Military Districts, appointment of, by Governor-General . . 8 (m.) appointment of Commandants of . . . . 8( v. ) cadets in, to be under orders of District Com- mandant . . . . . , . . 62 (5) definition of . . . . . . . . 4 delegation of Governor-General's powers as to courts-martial in relation to . . . . 87 (1) division of, into sub-districts . . . . 8 (iv.) establishment of Forces in . . . . . . 8 (vi.) return of Citizen Forces to, after active service 50 Military Forces, Inspector-General of. See Inspector-General. not liable to service beyond Commonwealth, except voluntarily . , . . . . . . 49 on active service, subject to Army Act save when inconsistent with this Act or as prescribed . . 55 Permanent, not to be raised except for adminis- trative and instructional staffs, &c. . . . . 31 (2) Militia Forces, the . . . . . . . . . . 32a (2) calling out of, for protection of States against domestic violence . . . . . . . . 61 discharge from, before expiration of perftd . . 40 enrolment in, while liable to be trained under Part XII., not permitted .. .. .. 132 Military, to form part of Active Military Forces 32a (2) period of enlistment in . . . . . . 36 Index to Acts. 1207 Defence Act 1903-1911 — continued. Mines, power to lay down . . Minister, definition of Ministers of Religion, exemption of, from service in time of war . . Money, appropriation of. See Appropriation : Pay. Musters, conveyance of troops to and from. See Railways : Tram- ways. Mutiny, oourt-martial may sentence to death for Naval Commandant, action or suit by, not abated by his death, resignation, or removal certain Cadets to be under orders of property of Defence Force, not appropriated to ship's company, deemed to be vested in . . prosecutions, summary, to be brought by or in name of . . prosecutions, may authorize officer to bring, in his name . . . . . . ». prosecutions, averment that prosecutor is authorized by, to bring, conclusive Naval Discipline Act, ofEence against, included in term " naval or miUtary ofEence " . . penal servitude imposed by, imprisonment may be awarded in lieu of Naval Forces, training in . . . . . . . . «. See also Index to Naval Defence Act 1910-1911.* Naval or Military law. See Law. ofEence. See Offence. Navy, The King's, Defence Force may be placed under orders of Commander of, in time of war laws and regulations for composition, proce- dmre and powers of coiu-ts-martial in, applica- tion of, to courts-martial held under this Act Non-commissioned officers, definition of appointment of. See Appointment, appointments of, held as prescribed of Cadets, appointment of . . Notice in writing of charge, before disrating or discharging soldier or sailor of Citizen Forces . . in writing of complaint or charge, before cancelling com- mission of officer , . under Act, need not be in writing, unless required by the Act Nurses employed in hospitals exempt from service in time of war not exempt from non-combatant duties 0»tb includes affirmation in certain cases of enlistment, effect of for Active Military Forces for Active Mihtary Forces, form of . . for Reserve Forces, form of for Reserve Forces, taken by persons dis- charged from Active MiUtary Forces and enrolled in Reserves refusing or neglecting to take, when tendered retaking of, by members of existing forces not necessary retaking of, not necessary on re-enUstment . . Offen e a ainst the Act, indictable agaii st the Act, other than indictable, punishable on sum- mary conviction . . against the Act, member may be tried by court-martial or bv civil coiu:t for Section. 63 (c) 4 61 98 111 62 (5) 296 286 111 296 110 (1) 296 110 (2) 296 110 (3) 296 4 275 106 127 295 301 63 18 62(4) 112 16 120 61 61 4 38 37 Sched. Ill, Sched. n. 42 76 34 36 73 101 102 Page. 287 275 285 294 284 293 275 278 286 297 278 298 285 285 275 282 282 308 307 282 290 281 281 289 295 295 Injra, p. 1302 et seq. P 2 1208 Index to Acts. Defence Act 1903-1911 — continued. Offence against tho Act, punishable by death, counsel provided by Cro\m in case of against tho Act or regulations, penalty for, when no other penalty provided., commanding officer may be authorized by regulations to punish . . naval or military — arrest and detention of member for arrest and detention, in case of Citizen Forces, when to be discontinued definition of . . desertion, punishable by court-martial at any time, except desertion, punishable by court-martial during service, or within six months thereafter imprisonment for, place of imprisonment in lieu of penal servitude for penalty for, may be deducted from pay . . punishment of, powers of court-martial as to other than indictable, must be prosecuted within six months . . right to trial by court-martial for, before dismissal or reduction stoppage of pay in case of conviction or sentence See also Offences. Offences . . contractor, purveyor, &c., supplying inferior article of food material, equipment, or beast of draught or burden employer preventing employee from serving . . member of Citizen Forces absenting himself without leave when liable to active service member of Defence Force — fraudently retaining pay or money giving information as to defence works or defences obtaining pay or money by false pretence officer claiming pay, except as prescribed, on account of drill for men belonging to another corps officer claiming pay for officers or men not present officer of Commonwealth — giving information as to defence works or defences . . receiving for Defence Force inferior article of food, material, eqmpment, or beast of draught or burden person — arms, accoutrements, &c., unlawfully disposing of, refusing to deliver up, or retaining coming within prescribed distance of, or ob- structing artillery or rifle practice . . coiu-t-martial, contempt of, by. See Court- martial, court-martial, disobedience to summons of. See Court-martial, defence works, sketching, photographing, &c., without authority defence works, entering or approaching, without authority, with sketching, photographing, &c., materials or apparatus, with intent defence works, trespassing on, or on land reserved for defence works, arrest without warrant of per- son reasonably believed guilty of offence against section 82 defence works or defences, unlawfully obtaining information as to desertion, procuring or aiding, or concealing deserter . . 96, 103 85 108 113 113 4 105 104 116 106 107 97 109 88 119 Part VII. 73 (6) 134 78 73(e) 73 (/) 73 (d) 73 (a) 73 (a) 73(/) 73 (6) 79 72 82(1) 82 (2) 292 82 (3) 292 82(4) 292 73(?) 289 77 291 294, 295 292 295 297 297 275 295 295 297 295 296 294 296 293 298 289 289 302 291 289 289 289 289 289 289 289 291 288 292 Index to Acts. 1209 Defence Act 1903-1911 — continued. Offences, person — continued. duty required by Act, counselling or aiding non- performance of, by person who has enlisted or is liable to enUst . . enlist, failing to, when required enlist, counselling or aiding any person to fail to, or to evade enlistment enlistment, refusing or neglecting to give infor- mation required for purposes of, or giving false information enlistment, oath of, refusing or neglecting to take when tendered enUstment in unauthorized force, inducing or attempting to induce enrolment, refusing or neglecting to give infor- • raation required for purposes of, or giving false information . . enrolment, refusing or neglecting to make any. . evading or failing to render service . . forging or uttering any warrant or order under the Act. . obstructing or interfering with Defence Force or member in performance of service or duty . , personating any other person at parade, &c. . . personating member of Defence Force with in- tent to obtain free conveyance, or to evade toll or due . . raising forces without authority roll or return, refusing or neglecting to make or transmit any prescribed . . roll or return, signing false . . service, evading or failing to render . . signing false parade state, roll, pay-list, or return uniform, wearing, or employmg any other per- son to wear, so as to bring contempt on the uniform . . . . , . . . uniform, wearing, not being member of Defence Force . . uniform, wearing, exception as to, in case of stage play, &c. wilfully contravening any provision of Act or regulations ship coming within prescribed distance of, or obstructing, artillery or rifle practice . . soldier or seaman, claiming or receiving pay, except as pre- scribed, on account of drill in corps other than hia own See also Offence. Officers — appointment of. See Appointment, commissions of. See Commissions, definition of . . hold appointments during the pleasure of the Governor- General holding office at commencement of Act, to continue to hold office of Active Military Forces, seniority (other than regimental) of of Active Military Forces, regimental seniority of . . of Active Military Forces, to rank as senior to officers of Reserve Military Forces of Cadets, appointment of of King's Regular Forces may be appointed officers with- out examination of Permanent Military Forces Section. Page. 75(3) 75(1) 75(2) 74(1) 76 118 74(1) 74 (2) 135 73 (0 81 73 (J) 80 118 74 (2) 73(A) 135 73 {h) 84 83 83 85 72 73 (2) 4 275 16 278 10 ]9(1) 19(2) 277 278 278 20 62 (4) (7) 279 286 14 31(1) 278 280 290 290 290 290 290 298 290 290, 303 289 291 289 291 298 290 289 303 289 292 292 292 292 288 289 1210 Index to Acts. Defence Act 1903-1911 — continued. Officers — c'liiliiued. of Ponuanont Military Forces on half-pay list of Permanent Military Forces on half- pay, if not rc-employed, to bo placed on unattached list of Permanent Forces to be appointed from graduates of Military College of Senior Cadets eligible for appointment as officors of Citizen Forces on Unattached List. Sec Unattached List, promotion of. See Promotion, reserve of, may bo formed reserve of officers, list to be kept reserve of officers list, service of officers who are on reserve of officers list, officers on, included in Military Reserve Forces retired lists, may be placed on . . retirement, compulsory, age for . . retirement, compulsory, extension of age for, in special cases service of, reckoning of, in case of resignation services of, may be dispensed with See also Member. Order under Act, forging or uttering under Act, need not be in writing, unless required by Act in writing, production is primd facie evidence of in writing, for arrest of deserter or absconder, execution of Parade, conveyance of troops to and from. See Railways : Tramways, personation at state, false. See Offences. Parent not to prevent son from undergoing training to register son who is liable for training Parliament, reason for calling out Citizen Forces for active service to be communicated to to be summoned if not sitting when Citizen Forces called out before persons liable to serve in Citizen Forces are called upon to enlist in time of war, occasion to be communicated to, if sitting after persons liable to serve in Citizen Forces have been called upon to enlist, to be summoned if not sitting either House of, may disallow regulations . . Parliaments, Commonwealth and State, members and officers of, exempt from service in time of war Pay for drill, wrongfully claiming. See Offences, list, false. See Offences, of officers attending Military College of persons undergoing training under section 125 (c) or allowances, stoppage of, in case of conviction, sentence, or absence without leave or money, fraudulently retaining. . or money, obtaining, by false pretence penalty for naval or military offence may be deducted from . . rates of, regulations for Penal servitude, imprisonment may be awarded in lieu of Penalty, for breach of regulations, may be fixed for naval or mihtary offence, may be deducted from pay for wilful contravention of Act or regulations, where no other penalty provided Permanent Forces, the calling out of, for protection of States against domestic violence members of, attendance of, at court-martial to give evidence . . members of, exempt from serving as jurors Section. 23 23 148 62 25 25 26 32a (3) 26 27 27 17(2) 44 73 (»•) 120 121 122 73 (;•) 134 142 46(3) 46 (4) 60(1) 60 (4) 124 (4) 61 Page. 151 307 130 302 119 298 73 (e) 289 73 (d) 289 107 295 124 {d) 299 106 295 124 (5) 299 107 295 85 292 30 280 51 283 93 294 43 282 279 279 307 286 280 280 280 281 280 280 280 278 282 289 298 298 298 289 302 305 283 283 285 285 299 285 Index to Acts. 1211 Section. Page. Defence Act 1903-1911— continued. Permanent Forces, members of, married, life insurance by 124 (h) 299 members of, punishment of, by Commanding Officer 108 295 members of, retired for age or infirmity. funds for annuities or gratuities to 123 298 officers of. See Officers. See also Permanent Military Forces, Permanent Military Forces, Cadet Corps at Military College to form part of . . 147a 306 constitution of 31(1) 280 liability of, to be employed on active service, and for defence and pro- tection . . 45 283 not to be raised except for adminis- • trative and instructional staffs, «fec. 31(2) 280 officers of. See Officers. period of enlistment in 36 281 raising, maintenance, and organization of 33 281 See also Permanent Forces. Personation. See Offences. Persons not of European origin exempt from service in time of war 61 285 not exempt from non-combatant duties 61 285 reported unfit for any service exempt from service in time of war . . 61 285 Police officer, arrest of deserter or absconder by 114 297 arrest by, without warrant, of person sketching, &c., or trespassing on defence work or land 82 (3) 292 entry and seizure by, of property of Commonwealth unlawfully retained . . 79 (3) 221 execution by, of order or warrant for arrest of deserter or absconder 122 298 Police, persons employed in, exempt from service in time of war 61 285 Practice, artillery or rifle, regulations for 124 (p) 299 artUlery or rifle, ships and persons not to come within prescribed distance of, or obstruct 72 288 naval or military, regulations for preserving public safety during 124 (3) 299 rifle, conveyance of troops by rail to and from 66 288 See also Ranges. Prescribed, definition of 4 275 Prison services, persons employed in, exempt from service in time of war . . 61 285 Prisoner in the charge of a member, toll not to be taken in respect of. See Toll. Proclamation calling out Citizen Forces for active service in time of war 46(1) 283 to state reason for calling out Forces 46(2) 283 notifying that active services of Citizen Forces no longer required 47 283 calling upon persons liable to serve in Citizen Forces to enlist 60 (l)-(3) 285 exempting from service in time of war persons engaged in certain employments 61 285 exempting from trainiog persons in specffied areas 140 305 exempting certain persons temporarily from training 140a 305 of domestic violence, by State Governor 61 283 of domestic violence, by Governor-General 61 283 Promotion from ranks in Citizen Military Forces llA 277 of officers, civil contract not created by 13 278 of officers, examination for 21(1) 279 of officers for distinguished service, without examina- tion . . . . . . . . .^ 22 279 1212 Index to Acts. Defence Act 1903-1911 — continued. Promotion of ofRcors iibove rank of Civptain . . of oflicors iibovo rank of .Major of officers, provisional, subject to passing examination of oflUcrs vested in Ciovernor- General Proof of api)ointniont, warrant, or order of averment of authority to prosecute, not necessary Property of Conimonwealtli. sup])lied to corps or ship's company. Commanding DUicer responsible for of Commonwealth, or corps, civil action in relation to of Commonwealth, lost or damaged — action by Commanding Officer for value of order by court-martial for payment of value of of Commonwealth, unlawfully disposing of, or retaining of corps, deemed to be property of Commanding Officer of corps, not alienable without consent of Commanding Officer of Defence Force, not appropriated to any corps, deemed property of District Commandant or Naval Com- mandant of Rifle Clubs vested in Captain Protection. See Defence and protection : Domestic violence. Provisional appointment. See Appointment. Punishment. See Offence : Offences : Penalty. Purveyor. See Contractor. Quartering members in time of war . . in house occupied solely by women or child- ren, not authorized regulations for . . Railways, control of, in time of war, for transport purposes of Commonwealth or State, members on duty to be con- veyed over, to and from musters, parades, and practices personation to obtain free conveyance by principal official or manager of, to carry troops, &c., when required . . Raising forces without authority Ranges, artillery and rifle, officers in charge of, may stop traffic in dangerous proximity to, during practice power to acquire, construct, and maintain Rank. See Reduction : Seniority. Record book to be issued to persons registering for training entries in Reduction of rank in Citizen Forces, by Commanding Officer in Citizen Forces, charge to be notffied before and opportunity given to show cause right to trial by court-martial before sentence of, by court-martial Re-enlistment, conditions relating to . . Regiment. See Commanding Officer. Registration of persons for naval and military training Regular Forces. See King's Regular Forces : Navy. Regulations, definition of . . disallowance of exempting from service in time of war persons engaged in specified employments for discipline and good government of Defence Force notification and operation of penalties for breach of, may be fixed penalty for wilful contravention of, where no other penalty provided power to make providing for admission of members of the Forces to Military College to be laid before Parliament Section. 2U 21a 21(2) 8 (vn.) 121 110 (3) 68 109 68 97 (c) 79 111 111 111 lllA 68 124 (n) 64 66 80 65 118 71 63 (e) 146 (1) 146 (2) 108, 112 112 88 97(6) 36 Part XIV, 4 124 (4) 61 52 124 (2) 124 (s) 85 124 (1) 148 124 (3) Page. 279 279 279 277 298 296 284 296 284 294 291 296 296 296 297 288 288 299 287 288 291 287 298 288 287 306 306 295, 297 297 293 294 281 305 275 299 285 284 299 299 292 299 307 299 Index to Acts. 1213 Defence Act 1203-1911— continued. Religion, Ministers of, exempt from service in time of war persons not to be compelled to answer questions as to their . . persons forbidden by doctrines of, to bear arms, to be allotted as far as possible to non-combatant duties . . Religious services, attendance at, not compulsory Reserve Forces, calling out of the Military, constitution of discharge from, before expiration of period enrolment in, of persons discharged from Active Military Forces period of enlistment in seniority of officers in Reserve of officers, may be formed . . list to be kept officers on list of, included in Military Reserve Forces Retired lists, officers may be placed on Retirement, compulsory, of officers and members, age for compulsory, extension of age for, in special cases for age or infirmity, funds for annuities or gratuities to members of Permanent Forces upon . . voluntary, by members of Citizen Forces, within three months of commencement of Act Return, false. See Offences. refusing or neglecting to make or transmit Rifle associations, regulations for formation and management of . . associations, regulations for formation and management of a council of representatives of clubs, members of, part of Reserve Military Forces clubs, property of, vested in Captain clubs, regulations for formation and management of practice. See Practice, ranges. See Ranges. Roll, false. See Offences. refusing to make or transmit Safety, public, regulations for preserving School of Instruction, Special, establishment of Sea-going persons to be deemed residents in certain cases Seaman, definition of discharge of. See Discharge, dismissal of. See Dismissal, offences by. See Offence : Offences. See also Member : Sea-going persons. Senior Cadets. See Cadets. Seniority of member, forfeiture of, by sentence of court-martial officers of Active Military Forces officers of Permanent Military Forces on half-pay list officers of Reserve Military Forces Service, active. See Active service. Service beyond Commonwealth, members may volunteer for beyond Commonwealth, Military Forces not liable to, except voluntarily discharge at expiration of period of . . discharge before expiration of period of — from Militia and Volunteer Forces from Reserve Forces disqualification of persons who evade . . employer not to prevent employee from rendering evading or failing to render, penalty for exemption from exemption from, burden of proving in Cadet Corps at Military College to be deemed service in Defence Force Section. 61 123b 143 (3) 123b 60 32a (3) 41 42 36 20 25 25 32a (3) 26 27 27 123 34 74(2) 124 (k) 124 (I) 32a (3) UlA 124 (/) 74(2) 124 iq) 2lB 137 4 97 (6) 19, 20 23 20 117 49 39 40 41 136 134 135 61 6U 147a Page. 285 299 306 299 285 281 282 282 281 279 280 280 281 280 280 280 298 281 290 299 299 281 297 299 290 299 279 303 275 294 278, 279 279 279 298 283 282 282 282 304 302 303 285 286 306 1214 Index to Acts. Section. Defence Act 1903-1911 — continued. Serdoo, in rHnks, gives preforontiiil cliim for appointment as officer liability to, of male inhabitants, in time of war iSoo also Citizen Forces : War. liability to, of ollicors on reserve of officers list of oflicer, reckoning of, in case of resignation period of, in Pernianont Military Forces and Militia Forces period of, in Volunteer Military Forces and Military Reserves universal obligations in respect of Services of member may bo dispensed with Ships not to come within prescribed distance of or obstruct artillery or riile practice .. Ship's company. See Commanding Officer. Soldier, definition of. discharge of. See Discharge. dismissal of. See l^ismissal. in Active Military Forces, oath of enlistment by in Militia Forces, discharge therefrom, before expiration of period in Permanent Military Forces in Reserve Forces, discharge therefrom, before expiration of period in Volunteer Forces, discharge therefrom, before expira- tion of period ofifences by. See Offence : Offences, services of, may be dispensed with See also Member. Spirituous liquors, sale or supply of, prohibited in certain camps, &c. Staffs, administrative and instructional army service, medical, and ordnance State Acts, application of Act to forces raised under Acts specified in First Schedule — cease to apply to Commonwealth Forces proof of appointments, warrants, and orders under Acts, toll not demandable under, from members on march or duty railways. See Railways. Supreme Courts. See Supreme Courts, tramways. See Tramways. States, defence and protection of. See Defence and protection. protection of, against domestic violence Stations for breeding horses, establishment of . . Students, training of, in special units . . theological, exemption of, from training Sub-districts, definition of . . delegation of Governor-General's powers as to courts-martial in relation to any division of military districts into establishment of forces in Suit against Commonwealth by ex-member of Defence Force Summary conviction, offences against Act, other than indictable, punishable by . . conviction of member by court-martial for contempt jurisdiction, court of. See Court of summary jurisdic- tion. Supreme Court of State, punishment by, for contempt of court- martial . . Territories of Commonwealth, service of Military Forces in Theological students exempt from training Toll not to be taken for member on march or duty, or for prisoner under his charge horse used by member or his prisoner . . vehicle used by member, &c. . . animal drawing such vehicle . . personation of member, in order to evade 11 277 59 286 25 280 17(2) 278 36 281 36 281 125 300 44 282 72 288 4 275 37 40 31(1) 282 280 41 282 40 282 44 282 123a 31(2) 31(2) 5 298 280 280 276 6 121 276 298 70 61 63 (dc) 128 138 (3) 4 87(1) 8(rv.) 8(VT.) 12 101 92 91(6) 49 138 (3) 70 (o) 70(6) 70(c) 70(d) 80 Page. 282 288 283 287 302 304 275 293 277 277 278 295 294 293 283 304 288 288 288 288 291 Index to Acts. 1216 Defence Act 1903-1911 — continued. Training, additional, where person trained is classed as non-eflSoient allotment to arms and corps of persons liable to undergo Defence Force subject to, as prescribed duration of exemption from, in time of peace exemption from, burden of proving . . exemption from, of cert;iin parts of Commonwealth exemption, temporary, from, of certain persons in Citizen Forces . . leave of absence from, during inclement weather liability to undergo of Cadets penalty upon employer for preventing employee from, or penalizing him for, undergoing . . penalty upon parent or guardian for preventing son or ward from undergoing persons liable to, not to enrol in IMilitia persons not liable to undergo persons undergoing, to be paid in certain cases persons liable to undergo, to attend for inspection persons liable to undergo, to notify address and any change of address time for institution of proceedings for failure to register for use of lands for purposes of Traitorous correspondence with enemy, court-martial may sentence to death for delivery of fortress, &c., to enemy, court-martial may sentence to death for Tramways of Commonwealth or State, members on duty to be conveyed over, to and from musters, parades, and practices personation to obtain free conveyance by . . principal official or manager of, to carry troops, &c., when required Transport in time of war — control of railways for . . regulations for furnishing means of Trespassing. See Defence works. Unattached list, appointment of persons to be officers on employment of officers who are on officers of Defence Force may be placed on officers on half-pay list, if not re-employed, to be placed on officers on, to form part of Active Military Forces Uniform, arrest for offence while wearing. See Arrest, factories for manufacture of, establishment of members in, conveyance of. See Railways : Tramways, not to be worn by Junior Cadets to be worn by Senior Cadets to be supplied free to Citizen Forces . . wearing, so as to bring contempt upon it wearmg, by person not a member wearing, permitted in case of stage-play, performance, «&c. Uttering forged warrant or order under Act Vehicles, impressment of . . periodical registration of . • used on march or duty, toll not to be taken for. See Toll. Vessels, impressment of . . periodical registration of . . See also Ships. Volunteer Forces, calling out of, for protection of State against domestic violence . . . . . . . . . . 134 134 132 131 130 144 146 142 (2) 69 98 98 66 80 65 64 124 (wi) 24 24 24 23 32a (2) 63 62(3) 62 (3) 123b 84 83 83 73 (»•) 67 67 67 67 51 Page. 302 305 284 301, 302 304 305 305 305 301, 302 301 300 286, 299 300—301 302 302 302 302 302 306 306 305 288 294 294 288 291 287 287 299 280 280 280 279 281 287 286 286 299 292 292 292 289 288. 288 288 288 283 1216 Index to Acts. Defence Act 1903-1911 — continued. VoluntoiT Foroes, Military, discluirgo from, before expiration of period . . ]^Iilit.iry, period of enlistment in Military, to form part of Active Military Forces War, definition of . . in time of, appointment of officer or officers to command whole or any portion of Defence Force appointment of officer to assume control of rail- way . . . . . . billeting, quartering, and cantoning billeting and quartering, regulations for Citizen Forces may be called out for active service reason for calling out, to be pro- claimed reason for calling out, to be com- municated to Parliament if sitting Parliament, if not sitting on calling out of, to be summoned persons liable to serve in persons may be called on to enlist in . . order of liability to serve in regulations for enrolment in, and choice by ballot Defence Force may be placed under Commander of King's Regular or Naval Forces . . definition of " time of war " . . discharge, member not entitled to exemptions from service owner of vehicle, horse, &c., to furnish it when required . . summoning of Parliament transport, control of railways for transport, regulations for furnishing means of Warrant, arrest without. See Arrest. for arrest of absconder or deserter . . for arrest of absconder or deserter, execution of for detention of person triable by court-martial officers authorized to issue cognizance of, without proof of signature . . for imprisonment of person sentenced by court-martial . . officers authorized to issue . . cognizance of, without proof of signature under Act, forgery or uttering of . . under Act, production is prima facie evidence of officers, appointment of . . officers, appointments of, held as prescribed . . Wharf. See Toll. Widow of member. See Family. Wife of member. See Family. Witnesses. See Court-martial. Works. See Defence works. DEFENCE (Control of Telegrajphic Communication in Time OF Emergency). See Telegraph Act 1909. DEFENCE (Naval). See Naval Defence. DEFENCE (Naval Agreement). See Naval Aoreemint. Page. 282 281 281 276 8 (vm.) 277 64 68 124 (n) 46(1) 46 (2) 46(3) 46 (4) 59 60(1) 60 (2) (3) 124 (c) 53 4 39,40 61, 6U 67 60 (4) 64 124 (m) 115 (3) 116(1) 115 (2) 115 (3) 73 (»•) 121 18 18 287 288 299 283 283 286 285 285 299 284 275 282 285, 286 288 285 287 299 297 298 297 297 297 289 298 278 278 Index to Acts. 121' Designs Act 1906. Act, administration of commencement of parts of short title of . . " this," regulations included in term Action for infringement of copyright in designs See also Infringement of copyright in registered designs. Administration of State Designs Acts, transfer of, to Common' wealth . . Agents, Registrar may recognise Aiders and abettors Amendment of applications . . certificate of registration register Appeal from Registrar to Law Officer Law Officer to Supreme Court order for rectification of Register to High Court Applicant, death of right of, to be heard Application for registration. See Registration of designs. Article, defijiition of marking of, to denote design registered when design deemed applied to Articles, classification of Assignment of unregistered design of registered design registration of . . Author of design, rights of, as to ownership, registration, and assignment Certificate of registration of a design — issue of amendment of cancellation of Classification of articles Copyright in designs — assignment and transmission of . . author of design first owner of . . commencement of infringement of See also Infringement of copyright in registered designs meaning of . . ownership of . . property in . . subsistence of . . term of Correction of Register See also Rectification of Register. Death of applicant Deputy Registrar, appointment and powers of Design, application, new, for registration of under State Designs Act not receivable copyright in a. See Copyright in designs, definition of drawings, &c., of, to be furnished to Registrar exhibition of, at officially recognised exhibition inspection of drawings or representations of owner of registered, to use it in manufactiure in Australia publication and use of, after application for registration registration of when deemed to be applied to an article See also Registered design : Registration of designs. Designs, intercolonial arrangements for the protection of international arrangements for the protection of Designs office, establishment of Section. 7 2 3 1 4 31, 32 11 44 46 22 37 37, 39 26(1) 25 (3) 39 (3) 21 24 4 29 5 17 14(3) 16 38 14 26 37 37 17 16 14 13 30-32 12 14, 15 16 12 13, 26 37 21 Page. 526 525 525 525 525 529, 530 526 531 531 528 530 530 528 528 531 528 528 525 529 526 528 527 527 530 527 529 530 530 528 527 527 527 529, 530 527 527 527 527 527, 529 530 528 526 526 4 525 20 528 47 532 27 529 28 529 19 528 23 528 5 526 49 532 48 532 9 526 1218 Index to Acts. Designs Act 1906 — continued. Doaigns office, estiblisliinont of sub-offices seal of documents may bo sent by post to Documents, sondinR or servinp by post Drawings, &c., of design, furnishing of, to Registrar inspection of Evidence, certificate of registration is primd facie tendering in, of false copies of Register Exhibition, officially recognised, publication or showing of design at False copy of Register, tendering of, in evidence False representation to Registrar that design registered Infringement of copyright in registered designs — acts which amount to . . penalty for wilful remedies for Inspection of Register of designs representations, &c., of designs , . Intercolonial arrangements for the protection of designs International arrangements for the protection of designs Law officer, appeal to, from Registrar apjieal from, to Supreme Court definition of . . Marking of articles to which a registered design is applied Owner, first, of a design of copyright in registered design of registered design, duty of, to cause design to be used manufacture to mark articles with pre scribed mark . . Penalty for failure to mark articles to which design applied wilful infringement of copyright . . falsifying Register, &c . . false representation to Registrar . . falsely representing design to be registered Post, service by . . Rectification of Register — appeal to High Coiirt from order of Supreme Court as to application to Supreme Court for notice of application for, to be given to Registrar . . powers of Supreme Court as to . . Registrar to carry out orders for . . See also Correction of Register. Register of designs — alterations of, by Registrar correction of. See Correction of Register, entry in, of particulars of registered designs entr}' in, of notifications of assignments and transmissions false copies of, penalty for making or tendering in evidence false entry in, penalty for making inspection of . . rectification of. See Rectification of Register, trusts not to be entered in Registered design, assignment of marking of articles to which applied owner of copyright in owner of, to use in manufacture in Australia property in, to be personal property transmission of . . Registrar, appointment of . . appointment of Deputy definition of documents may be sent to, by post false representations to . . Section. 10 43 43 20 27 26(3) 36 47 36 42 45 30 32 31 35 27 49 48 25(1) 25(3) 4 29 14 15 28 29 29 32 36 42 45 43 39 (3) 39(1) 39 (2) 39(1) 40 37 33 38 36 36 36 P>g«. 626 626 531 631 528 629 529 530 532 530 531 631 529 530 629 630 529 532 632 528 528 525 629 527 527 529 629 529 530 530 531 531 631 631 630 531 530 631 630 530 530 530 530 530 34 530 16 627 29 529 16 627 28 529 16 627 16 527 8 526 8 526 4 626 43 631 42 531 Index to Acts. 1219 Section. Pago. Designs Act 1906 — continued. Registrar may recognise agents' 44 531 orders for rectification to be carried out by . . 40 531 powers of, of correction and amendment 37 530 See also Registration of designs. Registration of designs — agents may be recognised in connexion with 44 531 appeal from refusal of . . 25(1) 628 appeal from Law Officer in relation to . 26(3) 628 applicant for, death of . . 21 528 applications for, making and lodging of , 18, 19 528 applications for, amendment of . . 22 528 certificate of . , 26 523 classes of goods for 17 528 continuance of 26 (2) 529 date from which, takes effect 26 (2) 529 drawings, &c., of designs to be furnished . 20 528 entry of particulars of, in Register 26 529 Registrar may grant 23 528 refuse . . 24 528 Regulations, included in term " this Act " 4 625 making of 41 631 Remedies for infringement of copyright in designs 31, 32 529, 530 Representations, &c., of design to be furnished to Registrar . . 20 528 Seal of Designs office 10 526 Service by post 43 631 Specimens, &c., of design to be furnished to Registrar . . 20 528 State Designs Acts — definition of . . 4 526 new applications \mder, not receivable 6 526 saving of rights under . . 6(2) 526 transfer of administration of, to Commonwealth 11 526 Supreme Court, appeal to, from Law Officer . . 25 (3) 528 definition of 4 525 rectification of Register by . . 39 530 Transmissions of registered designs . . 16 527 registration of 38 530 Trusts, notice of, not receivable or to be entered in Register 34 530 Use of registered design in manufacture in AustraUa . . 28 629 Distillation Act 1901. Act, application of 4 403 application of Parts IV. and V. of 9 405 commencement of 2 402 Excise Act 1901, parts incorporated 8 404 parts of 3 402 short title of . . 1 402 " this Act," definition of 6 403 time for comphance with, in case of existing stills 26 406 Aiders and abettors 80 414 Animals used in conveyance of ilhcit still or spirits forfeited 73 (iv.) 413 Attempt to commit offence . . 79 414 Austrahan wine, definition of 6 403 See also Wine. Back, definition of . . 6 403 Board and lodging at distillery for supervising officer . . 29 407 for officer to be provided by holder of vigneron's licence 56 411 payment for 81 415 Boat, forfeited if used in conveying iUicit stills or spirits 73 (iv.) 413 power to search 67 412 Break open, power to .. 61. 66 411,412 1220 Index to Acts. Distillation Act 1901 — continued. By ftuthority, (Icfmilion of .. C!ollcclor, definilinn of Comptrolk'r, definition of . . Customs control of spirits Customs warrant, power under Distillation, course of operations, definition of . . supcrvL'*ion of . . See also Distillci : Distillery : Spirits. Distiller, assistance to ofKcer books and accounts to be kept by . . books, access to, by officers . . definition of duties of, particular facilities for officers licences. See Licence, monthly account of spirits, duties as to office accommodation and board and lodging for officer . . prohibitions, particular, fermented liquor made elsewhere, not to be in distillery fermented liquor not to be mixed with that made in distillery responsibility of . . samples, contents of vessel from which taken may be stirred specific gravity of spirits, &c., in receiver, &c., not to be interfered wth . . specific gravity of wort or wash not to be interfered with spirit-makers' licences. Parts IV. and V. apply to spirits not to be distilled except in distillery . . testing by officer of spirits in wash, duty as to wort or wash made elsewhere, not to be in distillery wort or wash not to be mixed with that made elsewhere . . See also Distillation : Distillery : Spirits. Distillery, access to, by officers alteration of place or plant business, other, not permitted in . . definition of examination by officer facilities for officers illegal, being on premises of ladders in lights in meastu-es to be kept obstructions to view to be removed officer, accommodation, &c., for demanding admission may break open powers if unlawful dealing with spirits sus- pected pipes under ground place and plant, alteration of place and plant, use of plant to be kept in order to be emptied and re-gauged when required unauthorized rubbish to be removed scales to be kept store, distance of tubes underground vessels to be conveniently placed vessels, tampering with weights to be kept windows in worm tub to be cleaned, &c. See also Distillation : Distiller : Spirits. Section. /Page. 6 / 6 6 45,57 65 5 6 28 31 (d), 62 32 CO 6 31 30 52 29, 81 35 (c) 35 (d) 38 63 35 (a) 35 (b) 9 34 62 35 (c) 35 (d) 60,61 36 33 6 60 30 74(5) 31 (c) 31(6) 31(g) 31(e) 29 61 64 36 (iv.) 36 36 (i.) 31 (h) 31 (i) 36 (in.) 31 (e) 31 (9) 77 36 (iv.) 31(/) 36 (V.) (vi.) 31 ((7) 31 (a) 31 (?) 403 403 403 409, 411 412 403 403 407 407, 412 408 411 403 407 407 410 407, 415 408 408 409 412 408 408 405 408 412 408 408 411 408 408 403 411 407 414 407 407 407 407 407 411 412 408 408 408 407 407 408 407 407 414 408 407 408 407 407 407 Index to Acts. 1221 Distillation Act 1901 — continued. Duty, computation of deficiency in spirits, payment of, in case of loss of spirit during distillation, remission of, in case of payment of, time of . . strength of spirits, ascertainment of, for purposes of Entry, kinds of . . necessary for removal of spirits from distUlery . . strength and quantity of spirits for for home consumption for removal., for exportation Examination, right of Excise ^ci 1901, parts of, incorporated Exportation, spirits for Fees for licences Feints, definition of forfeiture of, if specific gravity interfered with . . in receiver, &c., specific gravity not to be interfered with Fermented hquor not made in distillery forfeited if unlawfully in distillery in distillery not to be mixed with that made else where . . Forfeited goods, seizure of . . what are Fortifying wine. See Wine. Gazette notice, definition of Illicit spirits, definition of . . forfeiture of . . making of purchase of . . sale of search for unlawful possession of . . vehicles, animals, boats, &c., used in conveying, forfeited Illicit still, definition of forfeiture of materials used with, forfeited premises of, being on search for supplying means or materials for working, &c. unlawful use or possession of vehicles, animals, boats, &c., used in conveying, for. feited . . wash or wort for Lees of wine, definition of . . Licence, application for cancellation of duration of existing, saving of existing stills may be licensed compliance by, with Act cancellation of licence in event of non compliance by, with Act fees granting or refusal of renewal retail, holder of, disqualified security to be given how given . . for renewal licence spirit-maker's, Parts IV. and V. apply to spirit-maker's, described test stiU, described . . transfer of . . Section. Page. 49 410 44, 50 409, 410 61 410 48 410 46, 47 409 42 409 39 409 40 409 42 (o) 409 42(6) 409 42 (c), 43 409 60 411 8 404 42, 43 409 16, 18, 20 406 6 403 73 (vi.) 413 35 {a) 408 35 (c) 408 73 (viii.) 413 35(d) 408 68, 69 412, 413 73 413 6 403 6 403 73 (ii.) 413 74(2) 414 74(7) 414 74(6) 414 65 412 74(4) 414 73 (iv.) 413 6, 11 (3) 403, 405 73 (i.) 413 73 (iii.) 413 74(5) 414 65 412 74(3) 414 74 (i.) 414 73 (iv.) 413 74(8) 414 6 403 17 406 24, 27 406, 407 21 406 14 405 25 406 26 406 27 407 16, 18, 20 406 20 406 22, 23 406 15 406 18 406 19 406 23 406 9 405 13(a) 405 13 (c) 405 24 406 1222 Index to Acts. Distillation Act 1901 — continued. Liotuic, unliconsod distillation vii^noron's, doscribod viL,'iicn Ill's, qualifications for holder of Loss of spirit during distillation Low wines, definition of in receiver, &c., forfeited if interfered with Biwcific gravity of, not to be interfered with MattTial used in connexion with illicit still forfeited store, definition of Methylato, definition of Methyliition of spirits Obstruction of officer Offences, attempted aiding and abetting penalties at foot of sections not specifically provided for Officer, access to premises, &c. accommodation at distillery for account, access to . . account, right of, to examine and take copies of board and lodging for break open, power of, to computations, monthly, by . . Customs warrant, power of, under definition of examination, power, of facilities to obstruction of powers of, where illegal dealing with spirits suspected quantity of spirits, power of, in relation to testing re-gauging, &c., spirits removed from distillery samples seaUng and securing of plants, goods, &c. search persons, power of , to . . premises, power of, to . • vehicle or boat, power of, to seizure of forfeited goods by . . supervision by vigneron's operations, presence of, at . . writ of assistance, power of, under Official stills Operations, definition of Penalties at foot of sections in cases not specifically provided for Permission, definition of Plant, definition of See also Distillery. Premises, power to search Prescribed, definition of Regulations included in term " this Act " disallowance by Parliament power to make . . publication of . . schedule of, in force until otherwise prescribed Samples, power to take contents of vessel from which, taken may be stirred refusal to sell Sealing of seized goods Search persons, power to . . premises, power to . . vehicle or boat, power to Security on entry for removal or exportation See also Licence. Section. Pago, 12 13(6) 53 61 6 73 (vi.) 35 (a) 73 (iij.) 6 6 37 72 79 80 7 78 60, 61 29 60 60 29, 56, 81 61, 65 50, 52 65 6 60 30, 31 72 64 62 44 63, 71 69 66 65 67 68, 69 28 55 65 70 6 7 78 6 6 6 6 6 84 83 84 (i.) 82 63 63 71 69 66 65 67 43 406 405 411 410 403 413 408 413 403 403 409 413 414 414 404 414 411 407 411 411 407,411, 415 411, 412 410 412 403 411 407 413 412 412 409 412, 413 413 412 412 412 412,413 407 411 412 413 403 404 414 403 403 403 403 403 415 415 415 416 412 412 413 413 412 412 412 409 Index to Acts. 1223 Distillation Act 1901 — continued. Seizure of forfeited goods Specific gravity of spirits in receiver, &c., not to be interfered with spirits, &c., forfeited if interfered with of wort or wash, not to be interfered witli wort or wash forfeited if, not ascertainable Spent wash, definition of . . Spirit-maker's licence described Parts IV. and V. apply to Spirit store, definition of . . warehouse, definition of Spirits, computation of, method of . . monthly Customs control of . . deficiency in definition of distillation permitted only under licence distillation not permitted outside distillery forfeiture of certain . . illicit. See lUicit spirits, loss of, during distillation methylate, definition of methylation of obscuration . . quantity, minimum, of spirits removed from distillery . . quantity of spirits in wash may be tested removal from distillery, entry to be made kinds of entry hours for deficiency in strength or quantity security for removal or exportation strength and quantity of spirits . . samples of . . . . • . . . . . _ . • specific gravity of, in receiver, not to be interfered with if interfered with, spirits forfeited strength of, how ascertained . . for fortifying wine on removal from distillery suspected unlawful dealing with, power of officer under certain strength, sale prohibited vigneron. See Vigneron. wine, not to be added for reducing strength sale of spirits reduced by wine prohibited strength of spirits for fortifying . . See also Distillation: Distiller: Duty, Still, definition of . . erection of, without permission . . existing, may be licensed time for compliance with Act as to plant and pre- mises cancellation of licence in event of non-compliance . . house, definition of . . illicit. See Illicit still, importation of, without permission licence. See Licence, making of, without permission . . not for distillation of spirits, use of not for distillation of spirits, use of, existing official removal of, without permission sale or purchase of, without permission . . test. See Test still, vigneron's, use of Section. P»ge. 68, 69 35 (a) 73 (vi.) 35 (6) 73 (vii.) 6 13(a) 9 6 6 49 60, 52 45, 57 44, 50 6 12 34 73 51 6 37 47 40 62 39 42 41 44 43 40 63, 71 35 (o) 73 (vi.) 46, 47 58 40 64 76 (i.) 76 (iii.) 76 (iv.) 58 6 10(6) 25 26 27 10 (d) 10(a) 11 11(2) 70 10(6) 10(c) 64 412, 413 408 413 408 413 403 405 406 403 403 410 410 409, 411 409, 410 403 405 408 413 410 403 409 409 409 412 409 409 409 409 409 409 412, 413 408 413 409 411 409 412 414 414 414 411 403 405 406 406 407 403 405 405 405 405 413 405 405 411 1224 Index to Acts. Distillation Act 1901 — continued. Store for salo of spirits of distillery, distance of, from diatillery material, doliiiition of spirit, (icfinition of Test still lioetipc described . . unlawful U30 of licensed " Tliis Act," delinition of . . Unlawful dealinsi with spirits suspected, power of officer possession of illicit still, spirits, &c. , . sale or purchase of illicit spii'its, &o. use of test still Vehicle, forfeited, if used in conveyance of illicit still or spirits . . power to search Vigneron, Customs control of spirits distilled by definition of licence to distil spirits maximum strength of fortified Australian wine officer, board and lodging to be provided for . . o nicer to be present at operations and fortifying qualifications for holding licence still for use by . . strength of spirits for fortifying use of spirits made by Warehouse, spirit, definition of removal of spirits to Warrant, Customs power under Wash, computation of spirit in definition of forfeited, if removed without authority. . gravity not ascertainable . . unlawfully in distillery for distillation by illicit still, possession, &c., of . . in distillery at end of month . . in distillery not to be mixed with that made elsewhere not made in the distillery specific gravity not to be interfered with spent, definition of . . testing of quantity of spirit in . ; Wine, addition of, to spirits . . Australian, definition of fortifying . . maximum strength of sale of, over certain strength prohibited definition of lees of, definition of . . samples of, may be purchased . . Winery, definition of Wort, definition of forfeited if removed without authority . . gravity not ascertainable unlawfully in distillery for distillation by illicit still, possession, &c., of . . in distillery not to be mixed with that made elsewhere not made in the distillery specific gravity of, not to be interfered with Writ of assistance, power under ELECTIONS. See Senate Elections. Section. 77 6 13(c) 75 6 84 74 74 75 73 (iv.) 67 57 6 13(6) 59 56 55 53 54 58,59 54 6 42, 43, 44 65 49 6 73 (V.) 73 (vii.) 73 (viii.) 74(8) 52 35 (d) 35 (e) 35(6) 6 62 76 (iii.) 6 54, 55, 58 59 76 (u.) 6 6 71 6 6 73 (V.) 73 (vii.) 73 (viii.) 74(8) 35 (d) 35 (c) 35 (6) 65 Page. 414 403 403 405 414 403 412 414 414 414 413 412 411 403 405 411 411 411 411 411 411 411 403 409 412 410 403 413 413 413 414 410 408 408 408 403 412 414 403 411 411 414 403 403 413 403 403 413 413 413 414 408 408 408 412 Index to Acts. 1225 Electoral Act (Commonwealth) 1902-1911. Absent voting before a Registrar before a Presiding Officer Acta, incorporation with Advertisements, electoral, offences in regard to returns of cost of, to be supplied by political organizations returns of, to be supplied by news papers . . to be so headed when paid for Assistant returning officers. See Returning officer. Association. See Organizations, political. Attempt to commit offence . . Ballot, violation of secrecy of See also Polling. Ballot-boxes. See Polling. Ballot-papers. See PoUing. Betting on result of election . . Bribery, election of candidate found guilty of, to be declared void . . disqualification of person foimd guilty of See also Offences. Candidate, definition of defamation of . . elected, who receives greatest number of votes — Senate House of Representatives expenses. See Expenses, not to take part in conduct of election not to be appointed officer officer vacates office on becoming . . scrutineers appointed by, at polling scrutiny See also Elections : Nomination. Casting vote at elections, Senate House of Representatives Canvassers, paid, employment of, prohibited . . Canvassing at polling booths prohibited Chief Electoral Officer, institution of proceedings by may direct recount of baUot-papers on refusal of Commonwealth Electoral Officer may require poHtical organizations to send in returns of expenses in connexion with elections powers and duties of . . quota to be ascertained by right of, to be represented on hearing of election petition . . Claim to be enrolled Commissioners for electoral divisions — appointment of proceedings at meetings of term of office of See also Divisions. Commonwealth Electoral Officer — appointment for each State casting vote, but no other vote, in Senate elections duty of, on receipt of writ for Senate election nominations of Senators made to See also Nominations, recount of ballot-papers by result of Senate elections to be ascertained by Compulsory enrolment, institution of system of preparation of new rolls by Section. Page. 139 139a lA 180, 182 341 342 322 355, 357 172a 352 172b 181a 353 355 187 174 360 353 182 357 198a 206a 362 365 3 206o 323 365 161 164 347 348 136 11 11 135 156 341 324 324 340 346 161 164 181c 182 a 206FF 347 348 356 358 365 16lA, 164a 347, 349 172a (8) 5 15 352 324 325 196a 65 361 329 13 14 13 314 314 314 6 161 93 100 313 347 336 337 16lA, 164a 161 61o 32a 347, 349 347 331 329 122(1 Index to Acts. Electoral Act (Commonwealth) 1902-1911— continued. Court of Disputed Returns — choice of Honator by Parliament of a State deemed an election for certain purposes constitution of . . costs, deposit as security for . . deposit applicable in payment of . . recovery of counsel or solicitor only allowed to appear in, by consent or leave decision of, substantial merits and good conscience to govern effect of . . final delay as regards nominations, polling, &c., not to vitiate election election, voiding of, for illegal practices . . voiding of, for bribery or undue influence. . errors, immaterial, not to vitiate election . . evidence before High Court to be illegal practices, report of inquiry, extent of order of Court after trial to be sent to Clerk of House affected petition against election, addressed to petition, copy to be sent to Clerk of House affected requisites of . . powers of, in relation to disputed elections real justice to be observed recount of ballot-papers, how far Court may order reference to, of questions respecting qualifications of Senators or members of the House of Representatives — reference by House affected of question to Court transmission of statement of question to Court parties to reference powers of Coiu-t on reference transmission of order of Court to House affected application of certain sections of the Electoral Acta 1902-1905 rolls, correctness of not to be inquired into rules of Court, power to make . . to be laid before Parliament annulment on address by either House Supreme Coiirt, jurisdiction of, to try petitions referred by High Court votes, inquiry into Death of candidate after declaration of nominations Deaths, list of, to be forwarded by Registrar- General Declaration of nominations . . of polling notwithstanding non-receipt of certain ballot-papers by absent voter voting before a Registrar Defamation of candidate Deposit of candidate forfeited in certain cases return of, in certain cases Disputed elections. See Court of Disputed Returns. Disqualification for bribery or undue influence Distribution into divisions. See Divisions. Divisional retiirning officers. See Returning Officers. Divisions — Commissioners for distribution of State into distribution of States into matters to be considered in regard to Section. 192 193 195, 196 203 204 202a 199 205 201 200 197 (3) 198a 200 199 193 198b 198 202 192 202 194 197 199 16lB, 164b 206AA 206BB 206CO 206DD 206b 206f 198 206 206 206 193 198 105b. 107 66(1) 105,106.107 165, 166 165 (2), 166 (2) 139(1) 206o 97(c) 103 105a, 105b 206a 13, 14 12 16 Page. 360 360 361 303 363 303 362 363 302 302 302 362 302 302 360 362 362 363 360 363 361 301 362 348, 349 364 364 364 304 364 365 302 303 303 363 360 362 338 333 338 349, 350 350, 350 341 365 337 337 338 305 325 325 325 Index to Acts. 122^ Electoral Act (Commonwealth) 1902-1911— continued. Divisions — continued. distribution of States into — continued proposed, notice to be given of objections to report by Commissioners to be laid before Parliament proclaimed if both Houses approve fresh distribution if either House dis- approves number of members to be chosen in proclamation of names and boundaries of quota of electors, subject to allowance, is basis of distribution redistribution of State into Elections, candidates not to take part in conduct of . . elected if not greater in number than number to be elected elected who receive greatest number of votes — Senato House of Representatives casting vote. Senate House of Representatives delay or errors in regard to rolls, writs, &c., may be rectified by proclamation disputed. See Court of Disputed Returns. extension of time failure of, wholly or partially petitions against. See Court of Disputed Returns, supplementary, when failure occurs writs for. See Writs. See also Polling : Scrutiny. Elector, definition of See also Divisions: Polling: Rolls: Votes. Electoral divisions. See Divisions, expenses. See Expenses, offences. See Offences, officers. See Chief Electoral Officer : Commonwealth Electoral Officer : Officer : Registrars : Retiurning Officer. Electoral papers sent free by post signature to Electoral rolls. See Rolls. Employer, to allow employee leave of absence to vote . . Enrolment, compulsory. See Compulsory Enrolment. Expenses by political organizations in connexion with elections . candidates', allowable contravention of Act in regard to penalty definition of . . incurring on behalf of candidate without written authority limit of returns of False statement, penalty for Female electors, provision for voting where name on roll changed by marriage Forging or uttering nomination or ballot-paper Forms, alteration of, by regulation combined, may be prescribed by regulation repealed, regulations may authorize use of, for prescribed period Page. 17 325 18 326 19 326 20 326 21 326 22 326 12 325 21 326 16 325 23 326 136 341 6, 107 338 161 347 164 348 161 347 164 348 167 350 168 350 108 338 108 207 207a 182d 172a 169, 170 180 (c) 181 (6) 171 185 169 172 172a, 18lD. 182 144 343 182 357 209 367 209 367 209 338 312 366 366 358 352 351 355 355 351 360 351 351 352, 356, 357 367 122S Index to Acts. Electoral Act (Commonwealth) 1902-1911— continued. Forms, substantial compliance with, to be sufficient to be supplied free, and p\iblic to be assisted in use of . . Fraudulent acts in regard to ballot-papers, &c. Gifts by candidates to clubs, &c., prohibited .. House of Representatives. See Court of Disputed Returns : Elec- tions: Member: Polling: Scrutiny: Writs. Illegal practices, election may be upset on ground of . . report to Minister that person has committed . . See also Offences. Imprisonment may be awarded with or without hard labour Informal ballot-papers. See Polling, League. See Organizations, political. Licensed premises not to be used for polling booth Lists of voters. See Polling — voters, list of. Marriages, list of, to be forwarded by Registrar-General Married woman may vote under name on roll. . Meetings, political, disorderly behaviour at Member of House of Representatives — member of State Parliament disqualified for nomination necessary for election one member for each division qualifications for reference of questions respecting qualifications of, to Court of Disputed Returns . . right to have name on roll for any one division Newspapers, political articles in, to be signed by authors returns of receipts, &c.,by,in connexion with elections to insert " Advertisement " over electoral matter which is paid for . . Nomination, candidates must be duly nominated candidates declared elected if number not greater than number to be elected consent to, required form of date for day, proceedings on death of candidate after declaration of candidates nominated defect, formal, does not invalidate deposit forfeited in certain cases return of, in certain cases error, formal, does not invalidate failure of election form of hour of none received, new election offences in regard to place of, to be stated in Senate writ place of. to be chief polling place in case of House of Representatives election qualifications for requisites for . . State members not capable of time of receipt. . to whom made withdrawal of, by candidate Offences, advertisements, unlawful electoral attempts to commit ballot-boxes, destroying, &c. ballot-paper, failure by officer to initial destro3dng, &c. SectioiL 209 367 10 324 182 357 206b 365 197, 198a 361, 362 I 98b 362 189 127 66(2) 144 182E 96 94 12 95 206AA 31 181AA 172b 18lA 94 106, 107 97 (a) 98. 87 105, 106 105b, 107 105 102 97(c) 103 105a, 105b 102 108 99 105 108 182 104 104 95 97, 99 96 97 (6), 101 100 105a 180, 182 187 182 182f 182 Page. 360 339 333 343 359 336 336 325 336 364 328 356 363 355 336 338 337 337 335 338 338 338 337 337 337 338 337 338 337 338 338 357 337 337 336 337 336 337 337 338 353, 357 360 357 359 357 Index to Acts. 1229 Electoral Act (Commonwealth) 1902-1911— Section. Page. continued. Offences, ballot-paper, making unauthorized marks on 181e 367 publishing advertisements containing repre- sentations of, with misleading directions 180 355 betting on result of election 18-2 367 breach of official duty 173(i.),174 363 breach of duty by witness to documents 182b 358 bribery . . 173 (ii.). 353, 175, 176, 354, 179 355 punishment for 181 (a) 355 candidate, contravention of Act by, in regard to expenses 180 (c) 355 canvassers, paid, emploj^ment of . . 181c 356 canvassing at polling booths 182a 358 defacing notices, &c. 182 357 defamation of candidates . . 2060 365 disorderly behaviour at political meeting 182e 359 disqualification for bribery or undue influence 206a 365 documents, mutilating, &c. 182 357 evidence as to election 188 360 expenses, incurring on behalf of candidate without written authority 185 360 failure by author of political article published in a news- paper to sign it . . 181AA 356 failure by newspaper proprietor to insert " Advertise- ment " over electoral matter which is paid for 18lA 355 failure by newspaper proprietor to send in return of money received, &c. 172b 353 failure by officer to correctly mark certified list 182f 359 failure by officer to initial ballot-paper 182f 359 failure by officer to properly attest declaration 182f 359 failure by officer to secure enrolment of claimants 6lD 332 failure by political organization to send in return of expenses . . 172a 352 failure to transmit claim for enrolment 1820 358 failure of employer to allow employee leave of absence to vote 182d 358 false statement 172a, 181d, 352. 356, 182 357 forging nomination or ballot-paper . . 182 357 forging electoral paper 182CO 358 fraudiident acts in regard to ballot-papers, &c. 182 357 gifts by candidate to clubs, &c. 206b 365 illegal practices 173 (ii.). 353, 175, 176, 354, 177, 178, 354,355, 179, 180 355 election may be upset on ground of 197 (3), 362, 198a 362 punishment for 181 355 liability for, whether committed directly or indirectly 186 360 imprisonment may be awarded with or without hard labour 189 360 indictable, if punishable by more than a year's imprison- ment . . 190 360 leaving in polling booth card containing directions how to vote 18lB 356 making signature of any other person to an electoral paper 207a 366 neglect of official duty 173 (i.), 174 353 newspapers, publication of unsigned political articles in 181AA 356 official mark, offences in connexion with 182DD 359 1230 Index to Acts. Section. Electoral Act (Commonwealth) 1902-1911— continued. Offenoos, pamphlets, unlawful oloctoral poniiUy for contravention of Act where no other specified table of certain penalties personation polling booth, offences in . . proceedings for, institution of prosecution of, evidence of election publishing advertisements, &c., containing untrue state- ments likely to mislead elector . . advertisements, &c., without name of person authorizing defamatory statements about candidate unsigned political article . . summary conviction for, if not indictable table of certain undue influence punishment for uttering electoral paper, knowing it to be forged voting more than once . . . . . . . . wagering on result of election witnessing of electoral papers, offences in connexion with Officer, candidate not to be . . definition of offences by official duty, breach or neglect of Official mark, ballot-papers not bearing, are informal . . protection of the Organizations, political, returns of expenses by, in connexion with elections Pamphlets, electoral, offences in regard to Papers, electoral, sent free by post Penalty in cases not specifically provided for . . See also Offences. Personation Petitions, electoral. See Court of Disputed Returns. Plumping not allowed in Senate elections Plural voting not allowed Political organizations. See Organizations, political. Polling- adjournment in case of riot voting at adjourned polling . . where booth not opened arrangements as to, by returning officer . . baUot-boxes, construction of exhibited empty and cover fastened before votes taken offences in regard to opening of, at scrutiny at Senate election opening of, at scrutiny at House of Representa tives election sealed at close of poll and forwarded for purposes of scrutiny to be provided ballot-papers, absent voters', dealing with arrangement of candidates' names in custody of used 180, 182 182 182 182 182, 182a, 183, 184 206FF, 208a 188 180 180 206c 181AA 191 182 173 (ii.), 177, 178. 179 181 (o) 182CC 182 182 207b 11 3 6lD. 158a, 173 (i.), 174, 182f 174 158 (a) 182dd 172a 180, 182 207 182 182 150, 158 (6) 182 152 153a 153 123 129 137 (i.) 182 160 163, 164 137 (iii.) 124 (iii.) 139, 139a 133 159 Page. 355, 357 357 357 357 357, 358, 359 365 367 360 355 355 365 356 360 357 353, 354, 355, 355 355 358 357 357 366 324 323 332, 346, 353, 353, 359 353 346 359 352 355, 357 366 357 357 344, 346 357 345 345 345 338 339 341 357 346 348 341 339 341, 342 340 346 Index to Acts. 1231 Electoral Act (Commonwealth) 1902-1911— continued. Polling — continued. ballot-paperfl, delay in regard to, may be rectified by procla mation destruction of, after certain time disputed, reservation of, for decision of Com monwealth Electoral Officer errors, &c., in, may be rectified by proclama tion form of absent voters' form of ordinary . . fraudulent acts in regard to identification of voter, mark enabling, officer not to place on identification of voter, mark enabling, renders informal informal to be rejected at scrutiny . . informal, what are initialing of initialing of, failure by officer in regard to issue of, to absent voters complying with the regulations issue of, to electors whose names are on list of voters making unauthorized marks on marking of, by voter offences in regard to preservation of . . printing of sealing of parcels when ballot-papers counted at Senate election at House of Representatives election spoilt by voter to be provided See also Polling — votes, blind voter, assistance to booths, construction, &c. leaving in, cards containing directions how to vote . . licensed premises not to be used for misconduct in, &c. not necessary to open in divisions where no election held., not opened, adjournment of polling offences in presence of certain persons allowed in separate voting compartments in . . to be provided . . candidate not to take part in conduct of election casting vote Senate House of Representatives closing, hour of, &c. conduct of date of postponement of day fixed for, to be a Saturday Section. 167 159 Pago. 350 346 161b, 164b| 348, 349 167 139 (2), 139a (2) 131, 132 182 158a 158 (c) 155, 160, 163 139 (5) (6), 139a (2), 158 134 182f 145(1) 145 (1) 181e 139 (3), 139a (2), 150, 161 182 159, 209a 133 160 (d) 350 341, S42 339 357 346 346 345,346, 348 342, 342, 346 340 359 343 343 357 341, 342, 344, 345 357 346, 367 340 346 149 344 124 (iv.) 339 148 344 128, 129 339 181b 356 127 339 182, 183, 357, 359, 184 359 153a 345 153 345 182, 183, 357, 359, 184 359 136 341 128 339 124 (iii.) 339 136 341 161 347 164 348 137 (ii.) 341 137 341 88 335 168 350 88a 335 1232 Index to Acts. Section. Electoral Act ; Commonwealth) continued. 1902-1911- Polling — c>nliiiucd. declaration of, Senate . . notwithstanding non-receipt of certain ballot-papers House of Ropresentativcs notwithstanding non-receipt of certain ballot- papers delay in regard to rolls, writ, &c., may be rectified by pro- clamation doorkeepers to be appointed presiding ofl&cers may appoint, in emergency electors. See Polling — votes. errors in rolls, writs, &c., may be rectified by proclamation general election of House of Representatives to be on same day in each division hours of identification of voter . . marking ballot-paper, so as to enable, makes vote informal illiterate voter, assistance to incapacity, physical, assistance to voter suffering from licensed premises not to be used for booth lists of voters. See Polling — voters, lists of. mistakes not to forfeit right to vote objection to vote, to be noted at instance of scrutineer obstruction of, adjournment of polling offences in regard to. See Offences, opening of places, appointment and abolition of changes in roll on changes in list of voters for where electors entitled to vote poll clerks to be appointed power of presiding officer to appoint in emergency to place mark against voter's name, when ballot- paper handed to him postponement of presence of certain persons in booths allowed presiding officer — power of, in regard to misconduct, &c., in booth in emergencies on polling day returning officer to be, at chief polling place . . substitutes and assistants to be appointed at each polling place to place mark against voter's name on handing ballot- paper to him questions to persons claiming to vote false answers to recount of votes — at Senate elections at House of Representatives elections result of Senate election to be ascertained by Commonwealth Electoral Officer . . to be indorsed on Senate writs notwithstanding non-receipt of certain ballot-papers . . 165 (a) 165 (21 106 (o) 166 (2) 167 124 (ii.) 124 (2) 167 91 137 (ii.) 140, 144 158 (c) 148 148 127 144 145 152 137 25 26 130 139, 139a, 145 124 (ii.) 124 (2) 146 152, 153a, 168 136 183, 184 124 (2) 125 126 124 (i.) 146 141, 142, 143 182 16lA, 16lB 164 a, 164b 161 165 165 (2) Page. 349 350 350 350 350 339 339 350 335 341 343 346 344 344 339 343 343 345 341 327 327 339 341,342, 343 339 339 344 345 350 341 359 339 339 339 339 344 343 343 357 347, 348 349 347 349 350 Index to Acts. 1233 Electoral Act (Commonwealth) 1902-1911— Section. Page. continued. Polling — continued. result of House of Representatives election to be ascertained by returning officer 164 348 to be indorsed on writ 166 350 notwithstanding non-receipt of certain ballot- papers 166 (2) 350 returning officer to be presiding officer at chief polling place 125 339 riot, adjournment of poll in case of 152 345 scrutineers. See Scrutineers. scrutiny. See Scrutiny. sight impaired, marking of ballot-paper for voter . . 148 344 time of 137 (u.) 341 voters, lists of, for guidance of presiding officers 130 339 to be provided . . 124 (iv.) 339 delays or errors in regard to, rectification of 167 350 elector, right to vote if name on . . 145 343 failure by officer to correctly mark 182f 359 marking of, when ballot-paper handed to voter . . 146 344 preservation of . . 209a 367 votes, ballot-paper handed to voter 145 343 spoilt by mistake, &c., of voter 149 344 blind voter, assistance to . . 148 344 counting of, at Senate election 160, 16lA 346, 347 House of Representatives election . . 163, 164a 348, 349 declaration before recording, where absent voter votes before a Registrar 139(1) 341 elections at which electors are entitled to vote 138 341 female elector changing name by marriage may vote under name on roll 144 343 illiterate voter, assistance to 148 344 incapacity, physical, assistance to voter suffering from 148 344 marking of ballot-paper in private, &c. 147 344 method in Senate election 150 344 method in House of Represen- tatives election 151 345 by absent voter voting before a Registrar 139 (3) 341 by absent voter voting before a Presiding Officer 139a (2) 342 mistakes not to forfeit right to vote 144 343 number of, to be indorsed on Senate writs . . 160 (d) (e) 346 objections noted at instance of scrutineers . . 145 343 particulars to be given by person claiming . . 140 343 questions to persons claiming 141 343 if answers not given or unsatisfactory, claim rejected 142 343 answers conclusive 143 343 secrecy of, violation of . . 174 353 sight impaired, assistance to voter when 148 344 voter to vote for full number of candidates to be elected for Senate 150 344 voting more than once 182 357 where recorded . . 138, 139, 341, 139a 342 See also Elections. Post, electoral papers sent free by . . 207 366 telegraphing substituted for posting when delay would other- wise occur . . 208 367 1234 Index to Acts. Electoral Act (Commonwealth) 1902-1911— continued. Prosiiliiin offic-or. Soo Polling. ProccodingB. 8eo Oflences. Prosecutions. See OUences. Questions to jieraons claiming to vote Quota of electors . . Recount of ballot-papers Redistribution of States into Divisions Registrar- General of Deaths, definition of list of deatlis to be forwarded by Registrar- General of Marriages, list of marriages to be forwarded by Registrars, electoral, appointment of date when appointment of, deemed to take effect divisional returning officers to act as, certain cases . . forms to be kept and supplied free to assist public in use of forms See also Rolls. Regulations, may prescribe combined forms . . may permit use of repealed forms for prescribed period power to make publication of . . to be laid before Parliament Return of writ. See Writs. Returning officer, appointment of, in cases of emergency assistant, appointment and powers of casting vote of divisional date when appointment of, deemed to take effect . . definition of divisional . . forms to be kept by and supplied free public to be assisted in use of . . keeps rolls where no registrar appointed nominations for members of House of Representa tives to be made to See also Nominations : Polling : Rolls : Writs. Riot, adjournment of poUing in case of RoDs— (1.) General arrangements with States as to preparation, alteration, and revision of continuance of existing division, subdivision, poUing place, and State electors entitled to have their names on . . form of inspection of . . new, preparation of officerH, Commonwealth, State, and Municipal, to furnish information for preparation of . . to be conclusive evidence, in certain cases, of right of elector to vote printing of . . supplemental . . (2.) Additions to rolls, transfers, and alterations of roUs — addition of new names to alterations in, by Registrar alterations in, how made Page. 141, 142, 143 15, 16 16lA, 164 a 23 3 66 66(2) 9 9a 9 10 10 209 (3) 209 (4) 210 (1) 210 (2) 210 (3) 9b 8 164 9a 3 7 10 10 9 100 152 27-36 30 27 31 28, 29 35 32, 32a 36 138 (3) 33 34 55-57 62 65 343, . 343 325 347. 349 326 323 333 333 324 324 324 324 324 367 367 367 367 367 324 324 348 324 323 324 324 324 324 337 345 327-329 328 327 328 327, 328 329 328, 329 329 341 329 329 329-330 332 333 Index to Acts. 1235 Section. Paga. Electoral Act (Commonwealth) 1902-1911— continued. Rolls — continued. (2.) Additions to rolls, transfers, and alterations of roUs — continued. change of electors from one roll to another in same division 6lA, 6lB, 331, 61o 331 change of electors from wrong roll to proper roll in same division 63 332 list of deaths to be furnished to returning officer . . 66 333 name of person ceasing to be qualified for enrolment to be struck off 62(3) 332 names of dead persons to be struck off . . 66 333 notice to be sent by Registrar when striking off name of person ceasing to be qualified . . 62(3) 332 time for making alterations in rolls 64 332 transfer of electors from roU of one division to roll of another division 58-61,610 330, 331 (3.) Removal of names from rolls 67-72 333-334 answer to objection 71 334 appeal against decision on objection 73 334 costs, if objection frivolous 72(2) 334 costs on decision of appeal 73(4) 334 deposit on objection 67 333 duty of officer to object 69 333 form of objection 68 333 name on, may be objected to by objection 67 333 notice of objection to be given to person objected to 70 333 notice of objection need not be given in certain cases 70(2) 333 person objected to to be struck off if not qualified or entitled to be on roll 72 334 returning officer to determine objection 72 334 Schedule, forms in, may be altered by regulation 209 367 Scrutineers, at polling, candidates may appoint 135 340 offences by . . 135 a 340 right of, to challenge person claiming to vote 141 343 objections by, to votes to be noted 145 343 at scrutiny, candidates may appoint 156 346 objections by, to ballot-papers. . 157 346 Scrutiny, adjournment of, if necessary 155 (v.) 345 casting vote in Senate elections 161 347 House of Representatives elections 164 348 conduct of 155 345 decisions of officer 157 346 House of Representatives elections, provisions as to . . 162-1 64a 348, 349 informal ballot-papers, what are 139, 139a, 341,342, votes rejected and number recorded 155 (iv.). 345, 160 (c), 163 346, 348 objections to ballot-papers . . 157 346 procedure at, in connexion with absent voters' ballot-papers 160 (2) 347 recount of ballot-papers at 16lA, 347, 164a 349 result of polling to be ascertained by 154 345 Senate elections, provisions as to . . 160-161A 346-347 Senate. See Court of Disputed Returns: Elections: Polling: Scrutiny: Writs. Senator, choice of, by Parliament of a State, deemed an election for certain purposes . . 192 360 VSM') Index to Acts. Electoral Act (Commonwealth) 1902-1911— continued. Senntor, raombor of State Parliament disqualified for . . nomination necessary for election qualilications for reference of questions respecting qualifications of, to Court of Disputed Returns ri^ht to have name on roll for any one division Service of electoral jiapers by j)Ost State, Member of Parliament of, disqualified for Commonwealth Parliament Subdivisions, divisions may be divided into rolls for Telegraph, electoral matter by rates for telegrams relating to elections Trades Union. See Organizations, political. Undue influence, election of candidate foimd guilty of, to be declared void disqualification of person foimd guilty of See also Offences. Votes. See Polling. Wagering on result of election Witnessing of electoral papers, offences in connexion with Woman voter may vote under name on roll, although name changed by marriage Writs, address of, in Senate elections address of, in House of Representatives elections advertisement of copies of, to officers . . dates to be stated in for — nomination polling . , return of writ delays and errors in regard to, rectification of duty of Retiurning Officers on receipt of extension of times fixed under form of issue of new, on failure of election return of, date for in case of Senate election in case of House of Representatives election notwithstanding non-receipt of certain ballot papers time when deemed to be issued Section. Emigration Act 1910. Aboriginal native, contract with, involving departure from Aus- tralia . . definition of emigration of, under contract, prohibited unless permit granted . . removal of, by officer, from vessel . . taking of, out of Australia in contravention of Act when deemed to be taken out of Australia Aiding and abetting offences Child, contract with, involving departure from Australia definition of emigration of, under contract, prohibited unless permit granted 90 94 95 206AA 31 207 96 24 28 208 206d 198 a 206a 182 207b 144 90 92 93 93 86, 87 86, 88 86, 89 167 93 168 86 108 89, 91 165 166 165 (2), 166 (2) 64(2) Page. 336 336 336 364 316 366 .336 315 316 367 366 362 365 357 366 343 335 335 336 336 335 335 335 350 336 350 335 338 335 349 350 350, 350 332 6 382 2 381 3 381 13 383 3 381 5 382 14 384 6 382 2 381 381 Index to Acts. 1237 Emigration Act 1910 — continued. Child, emigration of, when of European race or extraction, pro hibited in certain cases removal of, by officer, from vessel taking of, out of Australia in contravention of Act when deemed under contract . . Contract with child or aboriginal native — requisites for validity of, in certain cases . . to be fded with Minister in certain cases . . See also Aboriginal Native : Child. 'Guardian, definition of Officers, appointment of . . definition of power of, to search vessels . . to ask questions . . to remove prohibited emigrants from vessels Permits, applicants for, may be required to give security power to grant Proceedings for offences Prohibited emigrant, definition of master of vessel to give notice of suspected removal of, by officer, from a vessel See also Aboriginal Native : Child. Questions, power of officer to ask Regulations, power to make Search, powers of, of officer Vessels, masters, &c., of, to give notice of suspected prohibited emigrants masters of, to facilitate searching of vessels by officers . . masters of, to muster passengers and crew for inspection by officers power of officer to search Evidence Act 1905. Affidavit, evidence of swearing of, for use in High Court or Court exercising Federal jurisdiction Book of public nature, admissibility in evidence of copies of Certified copy. See Copy, certified. Commission by Governor-General, evidence of Minister, evidence of . . Commonwealth Gazette, evidence of . . Commonwealth Government, evidence that paper printed by authority of Copy, certified, of or extract from book or document of a public natiure, admissibility in evidence of . . evidence of judicial and legal proceedings by evidence of proclamation, commission, order, or regulation by examined, of or extract from book or document of a publi nature, admissibility in evidence of evidence of judicial and legal proceedings by . evidence of proclamation, commission, order, or regulation by . . printed by authority of Commonwealth Government, evi dence of proclamation, &c. . . printed by Government Printer, evidence of proclamation, &c sealed, evidence of judicial and legal proceedings Courts, definition of Deputy Industrial Registrar, judicial notice of signature and seal of Section. Page. 3 381 13 383 3 381 4 382 6 382 6 382 11 12 6 11 6 11 5 5 11 2 2 381 7 382 2 381 11 383 12 383 13 383 9 383 8 382 15 384 2 381 10 383 13 383 12 383 16 384 11 383 10 383 11 383 11 383 11 383 387 387 386 386 386 386 387 386 387 386 386 387 386 386 386 387 385 385 C. 11 128. -VOL. II. Q 123S Index to Acts. Evidence Act 1905 — continued. Deputy President of Commonwoalth Court of Conciliation and Arbitration, judicial notice of signature and seal of . . Dopxity Registrar of High Court, judicial notice of signature and seal of . . District Registrar of High Court, judicial notice of signature and seal of . . . . • • • • • ■ • • • • Documents, of a public nature, admissibility in evidence of copies of legal, evidence of ICvidence, admissibility in, of copies of and extracts from books and documents of a public nature of copies of Votes and Proceedings, Journals, and Minutes of either House of the Parliament of Commonwealth Gazette judicial proceedings papers printed by authority proclamations, commissions, orders, or regulations . . public acts of Governor-General or Minister Examined copies, admissibility in evidence of certain Executive Council, Federal, judicial notice of signature and seal of Secretary of . . Extracts from books and documents of a public nature, admissi- bility in evidence of Federal Court, judicial notice of signature and seal of President, Judge, or Member of Oazette, Commonwealth, evidence of . . notification in, evidence of acts of Go- vernor-General or Minister production of, evidence of proclamations, commissions, orders, and regulations . . Government Printer, evidence that paper^printed by . . Governor- General, evidence of acts of judicial notice of signatm-e and seal of proclamations, &c., made by, evidence of Industrial Registrar, judicial notice ofjsignature and seal of Inter-State Commission, judicial notice of signatures and seals of President and Members of Journals of Parliament, evidence of . . Judge of Federal Court, judicial notice of signature and seal of . . Judicial document, judicial notice of signature and seal to Judicial notice, of fact that certain public officials hold or have held office of official signatures and seals of certain public officials seal of Commonwealth Judicial proceedings, evidence of Justice of the High Court, judicial notice of signature and seal of Justice of the Peace, affidavits in the High Coiu-t and Courts exer- cising Federal jurisdiction may be sworn^before Legal document, evidence of Member of Federal Court, judicial notice of signature and seal of Minister, evidence of official acts"'of . . judicial notice of signature and!]seal of proclamations, &c., made by, evidence of Minutes of Parliament, evidence of . . Office, judicial notice that certain persons hold or have held public Officers, judicial notice of signatures'and seals of certain Official documents, judicial notice of signatures and seals to seals, judicial notice of certain signatures, judicial notice of certain Order by Governor-General, evidence of Minister, evidence of . . ■ . . Parliament, evidence of Votes, Proceedings, Journals, and Minutes of Section. Pago. 4 385 4 385 4 385 6 386 11 387 386 7 386 8 386 11 387 9 387 5 386 10 387 6, 11 386, 387 4 385 6 386 4 385 8 386 10 387 5 386 9 387 10 387 4 385 5 386 4 385 4 385 7 386 4 385 4 385 4 385 4 385 3 385 11 387 4 385 12 387 11 387 4 385 10 387 4 385 5 386 7 386 4 385 4 385 4 385 4 385 4 385 5 386 5 386 7 386 Index to Acts. 1239 Evidence Act 1905 — continued. Pleadings, evidence of President of the Commonwealth Court of Conciliation and Arbi- tration, judicial notice of signature and seal of Federal Court, judicial notice of signatiu-e and seal of Inter-State Commission, judicial notice of signature and seal of . . Senate, judicial notice of signature and seal of Principal Registrar of High Court, judicial notice of signature and seal of Proclamation, evidence of . . Regulations, evidence of . . Seal of the Commonwealth, judicial notice of . . Seals, various, judicial notice of Secretary to the Federal Executive Council, judicial notice of signature and seal of Signatures, various, judicial notice of Speaker of the House of Representatives, judicial notice of signa- ture and seal of . . . . . . . . . . . i Votes and Proceedings of Parliament, evidence of Excise Act 1901. Act, commencement of compliance with, in case of new excise incorporated with all other Excise Acts . . parts of short title of . . " this Act," definition of Action against officer. See Officer, proceedings against for recovery of duty . . for recovery of seized goods . . to determine disputes as to duty See also Excise prosecutions. Acts, Excise, administration of Agreement for sale, effect of alteration of duty on Aiders and abettors Animals forfeited if used in unlawful conveyance Arrest, power of . . reasons to be given . . person taken before justice person, commitment or bail Assaulting officer or person assisting , . Attempt to commit offence . . Beer, application of Act to . . Board and lodging for officer at factory Boat, power to search Break open, power to Bribery Buying material unlawfully . . By authority, definition of . . Cigars and cigarettes. See Tobacco. Collector, definition of . . . . powers of Customs exercisable by CoUusion with officer Comptroller, definition of . . control of excise by delegation of powers by Condemnation, seized goods deemed condemned conviction operates as Customs, the, definition of . . control of excisable goods . . Customs warrant, power under Q 2 Section. Page. 11 387 4 385 4 385 4 386 4 385 4 385 5 386 5 386 3 385 4 385 4 385 4 385 4 385 7 386 2 433 15 435 6 435 3 434 1 433 4 434 161 453 98 444 154 452 7 435 160 453 126 448 116 446 100 444 101 444 102 444 103 444 124 {d) 447 127 448 6 435 47, 48 438, 439 90 443 88 443 124 (6) 447 120 (ii.) 447 4 434 4 434 12 435 24 (a) (6) 447 4 434 8 435 10, 11 435 96, 98 443, 444 151 451 4 434 61 440 88, 89 443 1240 Index to Acts. Excise Act 1901 — continued. Dciilor, ftccouiiti) and roturiis buaiiioss carried on only at registered premises . . ceasing to carry on business . . (loficioncy in stock . . tlotinition of material to bo stored at registered premises registration. Sec Registration. Declaration, before whom made false . . Differences not involving contravention of Act, settlement Minister Disputes as to contravention of Act, costs evidence on oath . . inquiry to bo public Minister's powers . . order final witnes.ges at inquiry Disputes as to duty, procedure in . . Document, destroying, to prevent seizure or proof of offence false Drawback debenture declaration on . . payment of examination of goods under exportation minimum value of goods for obtaining, when not payable Western Australia, goods passing into Duty, alteration of, effect of, on agreement for sale deficiency in payment deficiency in stock of material . . disputes as to drawback. See Drawback, evading payment of . . goods delivered for manufact\ire payment of, manufacturer liable payment of, when to be made on goods for home consumptic rebate of . . recovery of . . refund of Customs, in respect of waste tobacco scales for calculating quantity of goods security on removal or exportation Entries, kinds of . . necessary for removal of goods from factory for home consumption removal exportation false Evading payment of duty . . Evidence, at inquiries by Minister in excise prosecutions in proceedings against officer protection to witness Examination of goods by officer Excisable goods, definition of See also Goods. Excise Acts, administration of definition of . . Excise, new, time for compliance with Act Excise prosecutions, amendment of information, &c, appeals in summary jurisdiction cases averment of prosecutor, how far deemed proved commencement . . Section. Page. 33 437 30 437 32 437 105 445 4 434 29 437 163 453 Kir 120 (vii.) 447 "^y 159 453 157 {d) 452 157 (6) 452 157 452 155, 157 452 156 452 157, 158 452 154 452 124 (c) 447 120 (vii.) 447 83 442 84 442 85 442 82 442 79 442 81 442 120 (v.) 447 80 442 160 463 62 440 105 445 154 452 120 (iv.) 447 24 436 54 439 on 59 440 162 453 161 453 75 441 63 440 60 440 58 440 56 439 58 (a), 59 440 58 {b), 60 440 58 (c), 60 440 120 (vi.) 447 120 (iv.) 447 157 452 143, 144, 450, 145 450 111, 113 445, 446 142 450 91 443 4 434 7 435 4 434 15 435 140 450 137 449 red 144 450 138 449 Index to Acts. 1241 Section. Page. Excise Act 1901 — continued. Excise prosecutions, condemnation of goods effected by conviction 151 451 conviction, powers of Court on . . 147 451 costs . . 152 451 defendant, right to iiave trial in higher Court 135 449 defendant as witness 143 450 definition of . . 133 449 evidence of proclamations, Gazette notices, regulations, &c. 145 450 forfeitures, application of 153 451 informalities 140 450 ' institution of . . 134 449 intent to defraud, evidence necessary to prove 144 (a) 450 penalties, application of . . 153 451 . penalties, collector may levy by sale of goods 148 451 imprisonment, period of 149 451 imprisonment does not release penalty 150 451 minimum, not liable to reduction 146 450 practice in High Court and Supreme Courts 136 449 courts of summary jurisdiction . . 137 449 proceedings, validity of . . 139 449 not quashable for defects or want of form 141 450 variance between information and evidence 140 450 witness, protection to . . 142 450 Factory, access to, by officers 86 442 definition of 4, 15 434, 435 goods in. See Goods, excisable. licences. See Licence. licensed, goods to be manufactured at 45 438 lights, weights and scales, &c. 52 439 officers, accommodation, &c., for 47 438 parts of, used as directed by collector 51 439 responsibility of manufacturer for custody of goods and observance of Act in 53 439 tobacco. See Tobacco. transfer of partly manufactured goods to another factory 55 439 False declaration, &c. 120 (vii.) 447 entry 120 (vi.) 447 statement on oath 121 447 Forfeitures, application of . . 153 451 goods and material, what forfeited 116 446 Minister's powers in case of disputes 155 452 penalties in addition to . , . . . . - . . 128 448 See also Seizure. Gazette, as evidence . . 145 450 notice, definition of . . 4 434 Goods, excisable, agreements for sale, &c., altered if duty altered 160 453 conveyance, unlawful 117 446 Customs control of . . 61 440 deficiency in quantity of 62 440 definition of 4 434 delivery of, for manufacture . . 24 436 duties. See Duty. examination by officer 91 443 seals, &c., not to be broken 92 443 factory. See Factory, forfeiture, causes of . . 116 446 manufacture, unlawful 35, 45, 437, 438, 116 446 new excise, provision in case of 15 435 possession, unlawful 117 446 removal of, duty to be paid before entry passed for home consumption 59 440 I -J 4 'J Index to Acts. Excise Act 1901 — continued. Section. Page. Goods, excisablo, removal of, entry to be made kinds of entry . . ))ackages, sizea and marks security for removal or exporta- tion . . rescuing or destroying seized assembly for sale or offer for sale upon pretence that duty has not been paid unlawful samples scales for calculating quantities , sealing seals not to be broken security on removal or exportation transfer of partly manufactured, to another factory . . unlicensed premises, goods not to be manufactured at Goods liable to Customs duty, delivery for manufacture Inquiry by Minister. See Disputes as to contravention of Act. Intient to defraud, averment of prosecutor not sufficient to prove maximum penalty in case of may be charged in addition to offence Intimidation of officer Justice, deiinition of Licence, application for application for, drawings and particulars to accompany cancellation of currency of definition of existing under State Act fees fees for tobacco licence form of . . granting of larger, on surrender of lesser refusal of . . security fresh for tobacco licence . . time for compliance with Act as to, in case of new excise tobacco . . • . . transfer unlicensed manufacture, penalty Lights to be provided in factory Manufacture, definition of . . excise on previouslv free, time for compliance with Act .. " .. supervision unlawful Manufacturer, books and accounts definition of . . duty, liable for payment of factory, excisable goods to be manufactured at lights, scales, &c., to be provided in parts used as directed by collector licences. See Licences, officers, facilities to payment for board and lodging . . to be provided with accommodation, &c., by 50 58 57 60 124 (c) 118 120 (ix.) 120 (1.) 106, 107 63 91 92 60 55 45 24 144 (a) 130 130 124 {d) 4 37 38 43, 44 42 4 36 14, 39, 40, 41 64, 65 40 34, 40 23 40 39(6) 44 66 15 64, 65, 66 43 35 52 4 15 46 35, 45 , 116 50 4 54 45 52 51 49 48 47 439 440 439 440 447 446 447 447 445 440 443 443 440 439 438 436 450 448 448 447 434 438 438 438 438 434 438 435.438, 438 440 438 437. 438 436 438 438 438 440 435 440 438 437 439 434 435 438 437, 438, 446 439 434 439 438 439 439 439 439 438 Index to Acts. 1243 Excise Act 1901 — continued. Manufacturer, responsibility of retailing goods at or near factory tobacco. See Tobacco. unlicensed premises, goods not to be manufactured at . . Material, definition of forfeiture of . . . . . . samples . . stock may be checked unlawful piu"cha8e of unlawful sale of . . See^also Dealer : Producer. Minister, administration of Excise Acti delegation of powers differences, power to settle disputes. See Disputes as to contravention of Act. drawback debentures, power in regard to payment of . . penalties and forfeitures applied as directed by Misleading officer . . Oath, false statement on . . Obstruction of officer or person assisting Offences, aiding and abetting attempted intent to defraud may be charged in addition to offence not specifically provided for penalties, at foot of sections . . . . . . Officer, access to factories, &c. accommodation, &c., for, at factory .. accommodation, payment for board and lodging arrest, power of See also Arrest, assaulting officer or person assisting board and lodging for books and accounts, access to books and accounts, right to examine and take copies break open, power to bribing collusion with or by Customs, also Excise officer . . Customs warrant, powers of, under definition of examination of goods Excise, also Customs officer . . faciUties to false statement to misleading . . obstructing personating . . proceedings against, commencement of evidence limited to causes in notice evidence, defendant may give special matter in general issue may be pleaded notice to be given defective, not invalid proof of service reasonable cause bars tariff proposals, time for proceedings in regard to . . tariff proposals, security by officer . . tender of amends venue local samples, power to take Page* 53 439 45 438 45 438 4 434 116 446 106 445 105 445 120 (ii.) 447 120 (iii.) 447 7 435 9, 11 435 159 453 85 442 153 451 120 (viii.) 447 121 447 123, 124(d) 447 126 448 127 448 130 448 125 448 5 435 86 442 47 438 48 439 100 444 124 {d) 447 47, 48 439. 440 86 442 86 442 88 443 124 (6) 447 124 (a) (6) 447 13 435 88, 89 443 4 434 86, 91 442. 443 13 435 49 439 120 (vii.) 447 120 (viii.) 447 123, 124 (d) 447 122 447 113, 114, 446 115 446 111 445 113 446 113 446 109 445 110 445 111 445 108 445 114, 115 446 115 446 112 445 113 446 106, 107 445 r.'44 Index to Acts. Excise Act 1901 — continued. Officer, seal ^ooils. &c., power to aearih persons, jiowcr to premises, jiower to vehicle or boat, power to seizure of forfeited goods notice to owner stork may be checked by . -. sujiervision of manufacture threatening;.. \vrit of assistance, powers under Penalties, application of at foot of sections, meaning of in addition to forfeiture in cases not specifically provided for maximum, in certain cases nmximum, in case of intent to defraud minimum minimum, not liable to reduction Minister's powers in case of dispute . . where offender previously convicted See also Excise prosecutions. Permission, definition of . . Personation of officer Police, arrest, power of See also Arrest, assistance of . . ; . search persons, power to Possession, imlawful, of goods Prescribed, definition of Proclamation, evidence of . . Producer, accounts and returns by . . ceasing to produce material deficiency in stock definition of material to be produced at registered premises mnterial to be stored at registered premises . . registration of. See Registration. Prosecution, excise. See Excise prosecutions. Rebate of duty Refund of Customs duty in case of waste tobacco Registration, cancellation dealers method of no fees for premises, separate producers metliod of . . time for compliance with provisions in case of new excise Regulations included in term " this Act " disallowance by Parliament evidence of power to make . . pubhcation and effect of tobacco, schedule in force until otherwise prescribed Rescuing, &c., seized goods . . assembly for Sale of. goods, unlawful in certain cases goods or offer of sale, upon pretence that duty not paid material, unlawful in certain cases . . . . seized goods Samples . . Scales to be provided in factory for calculating quantity of goods Section. Page. 91 443 104 444 87 443 90 443 93, 94 443 96 443 62, 105 440, 445 46 438 124 {b) 447 88, 89 443 153 451 5 435 128 448 125 448 129 448 130 448 132 448 146 450 155 452 131 448 4 434 122 447 100 444 89 443 104 444 117 446 4 434 145 450 33 437 32 437 105 445 4 434 30 437 29 437 162 453 75 441 32 437 27 437 28 437 14 435 31 437 25 436 26 437 15 435 4 434 165 453 145 450 164 453 165 453 78 441 124 (c) 447 118 446 120 (i.) 447 120 (ix.) 447 120 (iii.) 447 96 443 106, 107 445 52 439 63 440 Index to Acts. 1245 Section. Page. Excise Act 1901 cnnf/intipA Seal goods, &c., power to . . 91 443 seals not to be broken . . 92 443 Search persons, power to . . 104 444 premises, power to . . 87, 88, 89 443 vehicle or boat, power to 90 443 Security, cancellation of . . 19 436 effect of, when put in suit . 22 436 form of . . 21 436 fresh 20 436 general . . 18 436 how given 17 436 right to require 16 436 Seizure, action for recovery of goods 98 444 action if not entered, goods condemned 98 444 assistance to officer 94 443 collusive . . 124 (a) 447 condemned, seized goods deemed 96, 98 443, 444 destroying goods or documents to prevent seizure or proof of offence 124 (c) 447 disposal of forfeited goods . . 99 444 notice to owner 96 443 power of . . 93 443 prevention of seizure, or rescuing goods, assembly for . . 118 44') rescuing goods 118, 124(c) 446, 417 restoration of goods on security being given . . 97 444 sale of goods 96 443 securing of goods . . 95 443 Ship not to be used in unlawful conveyance of goods . . 119 447 Snuff. See Tobacco. Spirits, application of Act to 6 435 Stock may be checked by officer 62, 105 440, 445 Suspected persons, power to search . . 104 444 Tariff proposals — time for commencement of proceedings against officer 114, 115 446 security by officer 115 446 " This Act " definition of . . 4 434 Threatening officers 124 {b) 447 Tobacco, cigars, cigarettes, and snuff- factory and State number 67 441 licence fee 64, 65 440 security for 66 440 manufacture, curing leaf not deemed 68 441 manufactured tobacco received into factory for certain purposes 73 441 to be kept separate 74 441 moisture, limitation of amount 76 441 how determined 77 441 packages to be used 69 441 marks, &c., on 70, 71. 72 441 regulations in schedule in force until ptherwise prescribed 78 441 waste in imported leaf, refund of duty 75 441 Unlawful conveyance 119 447 manufacture . . . . . . . . ' 35, 45, 437. 438, 116 446 possession 117 446 purchase 120 (if.) 447 sale 120(i.)(iii.) 447 Vehicle, power to search 90 443 forfeited if used in unlawful conveyance 116 446 Warrant, Customs, power under 8^, 89 413 Western Australia, drawback on goods passing into 80 442 Witness, at inquiry before Minister 157, 158 452 defendant as 143 450 protection to 142 450 Writ of assistance, power under 88, 89 443 1240 Index to Acts. Excise (Beer) Act 1901. Act, application of commencement of Kxcine Art 1901, parts incorporated parts of Bhort title of . . " this Act," definition of Aiders and abettors Attempt to commit offence . . Beer, bad, refund of duty . . deficiency in quantity definition of dilution of . . forfeited forfeited, seizure of . . label to be affixed by bottler . . making of, subject to supervision making of, permitted only under licence, and in licensed brewery possession of, on which duty unpaid removal from brewery, cart-note to accompany beer duty to bo paid before beer removed hours of labels on bottles marks on vessels or cases spoilt beer . . vessels or quarts, &c. — beer must be in samples of • . spoilt transfer to another brewery, &c. — payment of duty in vessels, permit for bottes, permit for See also Brewer : Brewery : Stamp. Boat, power to search Bottler to affix label Break open, power to Brewer, books and accounts to be kept by definition of facilities for officers licensing of. See Licence, office accommodation for supervising officer See also Beer : Brewery. Brewery, access to, by officer delivery store . . . . licensed, definition of wine and spirits not to be sold by brewer in or near See also Beer: Brewer. Cart-note, permit to be affixed to, where bottled beer transferred to accompany beer removed from brewery . . to be produced to officer . . Collector, definition of Customs warrant, power under Declaration, before justice or officer . . false . . Delivery store in connexion with brewery Dilution of beer Duty, dutiable contents of vessels . . . . ' . . payment, deficiency in quantity of beer deficiency in stamps method of . . time of when beer transferred to another brewery, &c possession of beer on which duty not paid refund when beer bad removal of beer on which duty not paid Section. 3 2 7 4 1 5 03 64 41 40 5 60 68 54 61 22 8, 21 (a) 59 44 (o) 43 42 46, 49 45, 47, 49 48 44 67 48 29 30 31 63 61 52 25 6 24 23 50 29 5 21(6) Page. 388 388 389 388 388 389 396 396 393 393 389 395 395 395 396 391 390, 391 395 394 394 393 394 394 394 394 395 394 392 392 392 395 396 395 391 389 391 391 394 392 389 391 31 392 44 (a) 394 56 395 5 389 52 395 66 396 67 396 29 392 60 395 27 391 40 393 41 393 32 392 28 392 29 392 59 395 41 393 43 394 Index to Acts. \>a: Excise (Beer) Act 1901 — continued. Duty, spoilt beer may be removed without payment of See also Stamps, Excise Act 1901, parts of, incorporated False declaration . . Fee for licence Forfeited beer seizure of Forging stamp or die Labels on bottles of beer removed from brewery to be plain to be affixed by bottler Licence, application for application fee to be paid and security given . . beer to be made at licensed brewery . , cancellation of definition of duration of existing, saving of . , fee granting or refusal of renewal retail licence, holder of, disqualified . . security to be given by applicant how given . , for renewed licence fresh, at any time . . time allowed to obtain licence transfer unlicensed brewer, penalty , , Licensed brewery, definition of See also Brewery. Marks on vessels or cases removed from brewery how made defacing or removing Obstruction of officer Offences, aiding and abetting attempted not specifically provided for penalties at foot of sections Officer, access to brewery, &c. accommodation at brewery for books and accounts for information of books and accounts, access to break open, power to cart-note to be produced to . . definition of facilities to obstruction of samples of beer, purchase of . . search premises, right to, between sunrise and sunset premises, right to, at any time, with writ of assist- ance or Customs warrant vehicle or boat, right to seizure, power of , . supervision by , . . . . , . . . . . Penalties., at foot of sections . . in cases not specifically provided for Permit for transfer of beer . . Pints, definition of . . Possession, unlawful, of beer Premises may be searched Prescribed, definition of Quarts, definition of Refund of duty for bad beer Section. Page. 48 394 7 389 67 396 11, 13, 15 390 58 395 54 395 62 396 46 394 49 394 61 396 12 390 13 390 21 (a) 391 19, 20 391 5 389 16 390 9 390 11, 13,16 390 15 390 17, 18 390, 391 10 390 13 390 14 390 18 391 19 391 9 390 20 391 8 390 5 389 45 394 49 394 47 394 55 395 63 396 64 396 65 396 6 389 50 394 23 391 25 391 50 394 52 395 56 395 5 389 24 391 65 395 57 395 51 395 52 395 53 395 54 395 22 391 6 389 65 396 29, 30, 31 392 6 389 69 395 51, 52 395 6 389 5 389 41 393 1-44S Index to Acts. Section. Excise (Beer) Act 1901 — continued. Koguliitiotis, incliuled ill term " tliis Act" disiilliiwaiice by Parliament power to make publication schedule of, in force until otherwise prescribcfl Samples of beer, purchase by officer . . Search premises, right to, between sunrise and sunset . . premises, rijiht to, at any time, with writ of assistance or Customs warrant . . vehicle or boat, right to Security. See Licence. Seizure of forfeited beer Spirits not to be sold by brewer in or near brewery Stamps, absence of proper . . aflSxing of cancellation of cutting of, on opening vessel cutting of, beer not to be withdrawn unless proper stamp cut deficiency in definition of forging stamp or die payment of duty by proper kind to be used for vessels purchase of See also Duty. " This Act," definition of . . Unlawful possession of beer Vehicle, power to search Vessels, definition of Warrant, Customs, power under Wine not to be sold by brewer in or near brewery Writ of assistance, power under Excise Procedure Act 1907. Application, definition of . . Assessors, President may appoint Contempt of President or assessors . . by witness Counsel not to represent parties except by consent or leave Employee not to be dismissed because he has appeared as witness not to cease work because employer has appeared as witness Emploj'^er not to dismiss employee because he has appeared as witness employee not to leave service of, because employer has appeared as witness Equity and good conscience. President to be guided by Evidence as to trade secrets or financial position burden of proof in certain cases President may authorize person to take may prohibit publication of any may take, on oath or affirmation . . not bound by rules of Expert, President may refer technical matters to Oath or affirmation, evidence on Parties, representation of, at hearing Powers of President. See President. Powers of State Industrial Authority. See State Industrial Authority. 5 52 21 (5) 52 11 12 11 Page. 5 389 69 396 68 396 69 (I.) 396 70 396 57 395 51 395 52 395 53 395 54 395 21 (h) 391 36 393 33 392 34 392 37 393 38 393 39 393 5 389 62 396 32 392 35 393 26 391 5 389 59 395 12 461 3 460 6 (2), 9 460, 461 11, 12 461 6(1) 460 14 462 7(c) 460 3 460 7(a) 460 6(1), 7(c) 460 5 460 389 395 .391 395 2 459 4 460 8 460 9 461 5 460 461 461 461 Index to Acts. 1249 Section. Page. Excise Procedure Act 1907 — continued. Powers of State Supreme Court Judge. See State Supren ae Court Judge. President, contempt of 8 460 definition of 2 459 power of, to appoint assessors 4 460 authorize person to take evidence 6(1) 460 direct practice and procedure on applic a- tions 16 462 give directions 1(d) 460 make regulations 16 462 prohibit publication of evidence 14 462 refer technical matters to experts 7 (a) 460 summon witnesses and compel productic )n of documents 7(6) 460 take evidence on oath or affirmation 1(c) 460 rules of evidence not binding on . . 3 460 to be guided by equity and good conscience 3 460 Production of documents, President may order 7 (6) 460 penalty for failure to comply with ord er for 9{d) 461 Regulations, power to make 16(1) 462 to be deemed Statutory Rules 16(3) 462 Solicitor not to represent party except by consent or leave 5 460 State Industrial Authority, powers of, on reference by Pres si- dent 15 462 State Supreme Court Judge, powers of, on reference by Pres si- dent 15 462 Trade secrets or financial position, non-disclosure or publicati( )n of evidence as to 6,9 460, 461 Witness, disobeying summons, &c. 9 461 employee not to be dismissed for having appeared as 11 461 employee not to cease work because employer appear 3d as 12 461 inducing, not to give evidence 13 461 President may summon 7(6) 460 protection of 10 461 Excise Tariff 1902. Act, short title 1 469 incorporation 2 469 commencement 4 469 Definitions, n.e.i. . . , c Schedule 470 proof or proof spirit •• Schedule 470 tariff . . 3 469 tariff alteration 3 469 Imitations Schedule 470 Imposition of excise duties . . 5 469 Substitutes for excisable goods 7 470 Time of imposition of uniform excise duties 4 469 particular excise duties 5 469 Validation of collections pursuant to tariff or tariff alterations 6 470 Excise Tariff 1905 (Sugar)/"' Act, short title of . . I 471 Duty of excise, imposition of, on suga r 2 471 (a) As amended by the Emiise Tariff {AinendmeiU) 1906 (Xo. 15 of 1906) and by the Excise {Sugar) ! 1910 (No. 17 of 1910). l^nn Index to Acts. Excise Tariff 1906 (Agricultural Machinery). Duties of excise, imposition of, on certain agricultural imple- monta . . . • • • • ■ • • Exceiitions where goods manufactured under fair and reasonable conditions as to remuneration of labour Excise Tariff 1906 (Spirits). Duties of excise, imposition of, on spirits Proviso for increased duty in certain cases Charging of duties . . Excise Tariff 1908. Act, short title of . . incorporation of commencement of Definitions — N.E.I. Tariff Tariff alteration Imitations Imposition of duties Repeal of portion of Schedule to Excise Tariff 1902 Saving clause Substitutes for excisable goods Time of imposition of duties Validation of collections pursuant tions Section. to Tariff or Tariff altera Excise Tariff (Starch) 1908. Imposition of duty on starch Extradition Act 1903. Act, commencement of short title of . . •. . Attorney-General, requisition by, to foreign State, for surrender of fugitive criminal Commonwealth, extradition from. See Extradition. Extradition from Commonwealth, powers of Governor-General as to powers of magistrates as to from foreign States, requisition for bringing back to the Common wealth person surrendered Extradition Acts, Imperial — powers of Secretary of State under, vested in Governor General powers of police magistrates under, vested in certain magis trates terms defined in, have same meaning in this Act Extradition crime, person convicted of. See Fugitive Criminal. Foreign States, extradition from. See Extradition. Fugitive criminal, requisition to foreign State for surrender of surrender of, by foreign State 1 2 4 Schedule 3 3 Schedule 4, 5 8 9 7 4, 6 Page. 472 472 474 474 474 476 476 476 478 476 476 478 476 477 477 477 476 477 479 480 480 481 481 481 481 482 481 481 481 481 482 Index to Acts. 1251 Franchise Act (Commonwealth) 1902. Act, short title of . . incorporation of application of. . Adult franchise, grant of Disqualifications One adult one vote Governor-GeneraFs Residences Act 1906. Arrangement for use of Government House, Melbourne Sydney High Commissioner Act 1909. High Commissioner, appointment of duties of expenses of . . . . . . not to hold other office or employment performance by, of functions and duties for States removal from office of . . salary of . . . . . . term of office of Officers under Act, appointment of . . appointment of provisional Official residence for High Commissioner, allowance for Regulations, power to make . . States, performance by High Commissioner of functions and duties for Travelling expenses, &c., of High Commissioner, allowance for . . Section. Page. High Court Procedure Act 1903. (a) Admissions, Court may direct to be made Affidavit. See Evidence. Affirmation. See Oath. Amendment of defects and errors of formal defects Appeal, definition of to High Court — institution, time and manner of procedure on death of party security, when required . . amount of alteration of amount of stay of proceedings on judgment appealed from Appearance to writ — by defendant not resident in the State at Principal Registry, proceedings after Application, temporary transfer for purpose of documents necessary for, transmission of . . transmission by telegraph of notice of retransfer after Attachment of property, discharge of Books, production of Cause, definition of 14 23 24 2 37 39 35 35(3) 36 38 6(2) 6(3) 8(1) 8(2) 9 8(5) 8(3) 28 17 2 2, 3 490 4 490 6 491 7 491 6 490 3 490 6 491 3 490 8 491 9 491 6(2) 491 10 491 5 490 6(2) 491 373 373 373 374 374 374 489 489 622 624 624 618 626 626 626 626 626 626 620 620 620 620 621 621 620 624 622 618 (a) This iadex embrace? the High Court Procedure Act 1903, Procedure Amendment Act 1903. as amended by the High Court R^5'^' Index to Acts. High Court Procedure Act 1903 — continued. Cause, prooooclitiK'!* in district registries, after issue of writ transfer (if, to other registry. See Transfer. See also Suit : Trial. Chief Justice, definition of . . may issue commissions for taking oaths . . writs, comiuissions, and process tested in name of. . Commissions issued from Higli Court — for examination of witnesses for taking oatlis and affirmations sealing, signing, and testing of . . to be in the King's name Death of party, proceedings on appeal in ca.se of Defects and errors, amendment of . . . . . . . . formal, and irregularities, not to invalidate proceedings unless substantial injustice caused Court may declare proceeding valid notwithstanding Defendant, definition of . . disobeying order for production, judgment against, by default not resident in State where writ issued, appearance by Deputy Marshal. See Marshal. District Registrar. See Registrar. District Registry. See Registry. Documents, production of, may be ordered proof of service of sealed with Court seal, receivable in evidence transmission of, when cause transferred when cause temporarily transferred by telegraph summary of, by telegraph . . Error. See Defects. Evidence, at trial of causes — of Court seals, not required of documents. See Documents. of particular facts, Rules of Court as to mode of proof of service of notice of application, may be telegraphed on hearing of any matter, not being trial of a cause, may be by affidavit or orally on new trial, may be read from Justice's notes on order or commission, in civil matters . . production of books or writings containing proof by affidavit of particular facts service of document . . signature of party . . to be given orally except as provided unless in any suit the parties agree to the contrary Execution, application of State laws as to against person, limitations may be prescribed property taken in, interpleader as to discharge of . . Federal jurisdiction, courts exercising, date of process of Full Court, definition of Governor-General may annul Rules of Court on address from either House . . High Court, appeals to. See Appeals. seal of. See Seal. Interpleader, proceedings by way of . . jurisdiction of State Supreme Courts as to Interrogatories, examination on Irregularity. See Defect. Section. 24(1) 3(4) 16 9(5) 34 27 27 19 Page. 620 2 618 22 623 4(2) 619 19 623 22 623 4 619 4(1) 619 39 626 23 624 624 24 (2) 624 2 618 17 622 6 620 17 622 20 (2) 623 3(4) 619 7 (2) 620 8(2) 620 9 621 11 621 619 622 621 20(1) 623 14 622 19 623 17 622 20 (3) 623 20 (2) 623 20 (2) 623 21 623 21 623 26 624 26 624 27 624 28 624 5 619 2 618 626 624 624 623 Index to Acts. 1253 High Court Procedure Act 1903 — continued. Issues, trial of, without jury, unless otherwise ordered with jury, court may order admissions may be directed Judgment, appeiled from, stay of proceedings definition of enforcement of . . upon finding of jury Jurors. See Jury. Jury, application of State laws as to judgment upon finding of summoning of trial of suit without of suit or issues with, court may order with, orders, writs, and proceedings for Justices, definition of absence of, temporary transfer of cause upon may make Rules of Court . . Laws. See State laws. Managers of property, duties of liabilities of . . Marshal or deputy, interjjleader by . . actions by and against Matter, definition of New trial, appeal includes application for directions for evidence at grant of Notice of application for temporary transfer . . when documents telegraphed evidence of service of, may be telegraphed Oath, affirmation in lieu of . . Commission for taking Court may administer form of Officers, Commonwealth, juries to be summoned by State, duties with regard to jury lists Order for examination of witness in suit or civil matter for transfer of cause to another registry for trial by jury of suit for validating proceeding, notwithstanding formal defect irregularity made at registry to which cause temporarily transferred may be telegraphed Plaintiff, definition of disobeying order for production, suit may be dismissed Proceedings in cause at District Registry in cause after transfer in suit, for trial by jury . . amendment of defects or errors in not invalidated by formal defect or irregularity stay of, on judgment appealed from, to High Court Process of High Court, to be in the King's name sealing, signing, and testing of to be dated as of day of issue Production of books and writings, by parties to suit disobedience to order for, effect of Proof of Court seals not required See also Evidence. Receivers appointed by Court, duties of li ibility of Registrars, writs, commissions, and process to be issued by to issue writs of summons for commencement of causes when required 12 1.3 14 38 2 26 13 15 13 15(2) 12 13 13 2 8 33 29 625 30 625 27 624 31 625 2 618 2 618 14 622 14 622 14 622 8(5) 621 9(3) 621 9(5) 621 18(3) 623 22 623 18(1) 623 18(2) 623 15(2) 622 15(3) 622 19 623 7(1) 620 13 622 24 (2) 624 10 621 2 618 17 622 6 620 7(2) 620 13 622 23 624 24 624 38 626 4(1) 619 4 619 5 619 17 622 17 622 3 (4) 619 29 625 30 625 4(1) 619 621 622 622 626 618 624 622 622 622 622 621 622 622 618 620 625 620 1254 Index to Acts. Hiffh Court Procedure Act 1903 — continued. Ko^ristr.irs, wlioii caii.so tninsfcrrcil, to transmit proceedings and documonts request to, for temporary transfer of cause . . RegiBtrars, when cause totnpor irily transferred — to transmit request and documents to fix date of application to transmit documents by telegraph if required may by consent transmit by telegraph sum- mary of documents to telegraph effect of order made, if required District, when cause transferred to Principal Registry, to transmit proceedings Registry, any, seals required shall be kept at writs for commencement of causes may be issued at transfer of cause from one to another . . transmission of documents upon temporary transfer of cause from registry where no Justice present to another transmission of request and documents upon by telegraph if required of summary by telegraph, by consent hearing of application and re-transfer . . transmission of order by telegraph District, duplicate of seal of court to be kept at where cause pending, further proceedings may be taken at appearance at, or at Principal Registry, by defendant not resident in the State where any defendant appears at Principal Registry, transfer of proceedings from Principal, seal of the court to be kept at where cause pending at District Registry, defendant not resident in the State may appear at where any defendant appears at, transfer of cause thither . . Revivor, formal proceedings for, on death of party to appeal not necessary Rules of Court, Justices of High Court may make power of making extends to altering, annulling, or re-enacting Rules in Schedule Rules in Schedule to be, until altered to be laid before ParHament may be annulled by Governor-General upon address from either House prescribing limitations as to execution against persons . . mode of proof of particular facts . . time and manner of institution of appeal use of seals Schedule. See Rules of Court. Seal of the Court, form and use of . . to be kept at Principal Registry duplicate at each District Registry . . writs, commissions, and process to be under . . proof of . . Seals, office, to be kept at each Registry proof of Security on appeal Seizure. See Attachment: Execution. Service may be proved by affidavit . . Soctlon. 7(2) 8(1) 8(2) 8(5) 9(1) 11 10 6(3) 3(3) 6(1) 7(1) 7(2) 20 (2) Pace. 620 620 620 621 621 621 621 620 619 620 620 620 8(1) 620 8(2) 9 620 621 11 8(3) 10 3(2) 621 620 621 619 6(1) 620 6(2) 620 6(3) 3(1) 620 619 6(2) 620 6(3) 620 39 33(1) 626 625 32, 33 (2) 32 34 625 625 625 34 625 26 16 624 622 37 4(1) 626 619 3(1) 3(1) 3(2) 4(1) 4(1) 3(3) 3(4) 35, 36 619 619 619 619 619 619 619 626 623 Index to Acts. 1255 High Court Procedure Act 1903 — continued. Service of notice in certain cases of t( mporary transfer. . Signature of party to cause, or solicitor, may be proved by affidavit State laws, application of, as to affirmation in lieu of oath discharge of property taken in execution . . duties of receivers and managers enforcement of judgments jjiries and jurors oaths, form of State officers. See Officers. State Supreme Courts, jurisdiction of, in interpleader . . Stay of proceedings on judgment appealed from to High Court . . Suit, definition of . . examination of witnesses on order or commission parties to, may be ordered to produce books and writings . . trial of, without jury, unless otherwise ordered . . with jury, Court may direct change of place of consent of parties to evidence not being taken orally See also Cause. Telegraph, when cause temporarily transferred — documents may be transmitted by summary of documents may be transmitted by order may be transmitted by . . Temporary transfer. See Transfer. Testimony. See Evidence. Transfer of cause to Principal Registry, when any defendant ap- pears there from one Registry to another upon order of Court . . transmission of documents upon from Registry to which first transferred, to any other Registry temporary, for purpose of application . . transmission of request and docu- ments upon transmission by telegraph. See Telegraph hearing of application and re- transfer no fee payable for notice of application Trial of cause. See Suit. evidence at. See Evidence, of issues, directions for without jury, unless otherwise ordered . . with jury, Court may direct Witness. See Evidence. Writings. See Documents. Writs issued from High Court, to be in King's name sealing, signing, and testing of to be dated as of day of issue for purpose of trial by jury of summons, may be issued in any Registry appearance to, when writ issued at District Registry appearance at Principal Registry, proceedings upon . . Venue in suit, change of . . HIGH COURT PROCEDURE AMENDMENT ACT 1903. (See footnote (a) to first page of Index to High Court Procedure Act 1903, supra, p. 1251.) Section. 9(5) 20 (2) 18(3) 28 29 26 15 18(2) Page. 6(3) 7(1) 7(2) 7(2) 8(1) 8(2) 621 623 623 624 625 624 622 623 27 624 38 626 2 618 19 623 17 622 12 621 13 622 25 624 21 623 9 621 11 621 10 621 620 620 620 620 620 620 8(3) 8(4) 8(5) 620 621 621 14 12 13 622 621 622 4(1) 4 5 13 6(1) 619 619 619 622 620 6(2) 620 6(3) 25 620 624 125« Index to Acts. Immigration Restriction Act 1901 1910. Act (Iocs not apply to I'acilic Island labourors uiulor Queensland Acts Appointment of Officers Arrangoniont with Government of any country respecting admission of subjects of that country Assistinj^ to contravene or attempt to contravene Act liuiidings, s&irch of, for prohibited immigrants Bunlen of ])r()of in certain cases Certiticate of birth, delinition of false representations as to . . possession of false production of, to officer, with intent to deceive or mislead exemption. See Exemption certificates, naturalization, definition of false representations as to . . possession of false production of, to officer with intent to deceive or mislead Concealment of immigrant . . Contagious disease, persons suffering from dangerous, &c., are pro hibited immigrants person bringing person suffering from, into Commonwealth, liable for expenses of main tenance Convicted persons, certain, are prohibited immigrants . . Crews. See Vessels. Deportation of prohibited immigrant, Minister may order imprisonment ceases for purposes of, or to allow departure of prohibited immigrant of certain convicted persons Deposit to be made by prohibited immigrant, when permitted to enter on conditions Dictation test, may be applied at any time to any immigrant who evades officers, &c. may be applied to any immigrant within two years . may be applied to certain convicted persons meaning of . . persons failing to pass are prohibited immigrants persons who have resided in Australia not less than five years, and who possess certificates, not re- quired to pass return as to application, &c., of, to be made annually and laid before Parliament . . subjects of country with which arrangement for admission exists not required to pass . . Entry of prohibited immigrants may be permitted on certain con- ditions may be prevented by police or officers may be prevented by master of vessel Evasion of officer. See Officer. Exemptions from prohibition. See Prohibited immigrants. Exemption certificates, exemption in favour of persons possessing meaning of . . obtained by untrue statement may be re- voked persons named in, deemed prohibited immi- grants on expiry or cancellation of to be for specified period, and may be can- celled to persons who have resided in Australia for not less than five years Section. 19 15 4a 12 14b 5 (3) 12b (2) 12b (1) 12b (1) 12b (1) 12b (2) 12b (1) 12b (1) 12b (1) 12a 3(d) Page. 504 503 497 501 503 498 502 502 502 502 502 502 502 502 502 496 13 3(e) 503 496 7 499 7 8 499 499 C. (a) 499 5(1) 5(2) 8 3(a) 3 (a), 9a 498 498 499 49(5 496, 500 4b 498 17 504 4a 497 6 499 14 503 13b 503 3(A) 3(h) 496 496 4b 498 4 497 4 497 4b 498 Index to Acts. 1257 Immigration Restriction Act 1901-1910 — continued. Government, persons accredited to, &c., exception of . . vessels, exception of crews of . . Idiots are prohibited immigrants persons bringing, into Commonwealth liable for expenses of maintenance of Immigrants, application of dictation test to. See Dictation test, concealment of secretly bringing of, to Commonwealth production by, to officer, of false naturalization, &c., papers prohibited. See Prohibited immigrants. Infectious disease, persons suffering from dangerous, &c., are pro- hibited immigrants person bringing person suffering from, liable for expense of maintenance Insane persons are prohibited immigrants persons bringing, into Commonwealth liable for expenses of maintenance of . . Military forces, King's regular, exception of members of Minister, the, definition of . . Naval forces. King's regular, exception of members of . . Officer, application of dictation test by appointment and duties of . . definition of power of, to arrest persons reasonably supposed to be pro hibited immigrants power of, to detain and seize vessels . . power of, to detain vessel for searching power of, to search vessel for stowaways power of, to prevent entry of prohibited immigrants, and take legal proceedings power of, to search vessels, vehicles, or buildings production to, of certificate of naturalization, &c., with intent to deceive or mislead Pacific Island labourers under Queensland Acts, Act not to apply to Penalty, detention and sale of vessel if penalty not paid for assisting person to contravene or attempt to contravene Act . . . . . . . . . . for contravention of Act for which no higher penalty provided on master, &c., of vessel from which prohibited immigrant enters Commonwealth on master, &c., of vessel entering port with stowaway, who is a prohibited immigrant, on board on prohibit«d immigrants entering or found within Com monwealth in contravention or evasion of Act Police may prevent entry of prohibited immigrants and take legal proceedings may arrest persons reasonably supposed to be prohibited immigrants Prohibited immigrants — persons who are — persons failing to pass the dictation test persons likely to become a charge on the public persons who are idiots or insane persons persons suffering from infectious or contagious diseases persons convicted of certain offences . . persons who are prostitutes or who live on the prostitution of others persons whose certificates of exemption liave expired or been cancelled 3(Z) 3(7) 3(c) 13 12a 12a 12b 13 3 (c) 13 3(t) 2 3(i) 3(a) 15 2 14a 10 9c 9b 14 14b 12b 19 10 12(1) 18 9 9a 7 14 14a 3(a) 3(6) 3(c) 3{d) 3(e) 3(/) Page. 496 496 496 503 502 502 502 496 503 496 503 496 495 496 496 503 495 503 501 500 500 503 503 502 504 501 501 504 500 500 499 503 503 496 496 496 496 496 496 497 1258 Index to Acts. Immigration Restriction Act 1901-1910— co)Ui)tued. Prohibitod unuv'^nxntti—covtiTined. jRTBons who are — conlinued. porsoiis evading, &c., officer, who fail to pass tiio dictation test . . • • • • • • • • • • persons entering Commonwealth, who fail to pass the dicta- tion test if applied within two years of entry persons, certain, convicted of certain offences, who fail to pass the dictation tost persons, being stowaways, who have not passed the dicta- tion test, &c. persons who are excepted — persons having valid certificates of exemption persons who are members of the King's regular land or sea forces . . . . . . . • persons who are masters and crews of public vessels of any Government persons who are masters and crews of vessels landing during stay of vessels in Commonwealth persons accredited to the Commonwealth Government by other Governments persons sent out by any Government on any special mission . . persons who are subjects or citizens of a country with which an arrangement with the Commonwealth is in force persons who are Pacific Island labourers under Queensland Acts deportation of. See Deportation, entry of, may be permitted on certain conditions . . entry of, in contravention or evasion of Act maintenance of, liability of master, &c., of vessel for master may prevent entry of, from vessel . . return of, to be laid before Parliament return passage for, duty of master, &c., of vessel to provide stowaways deemed to be Prostitutes and persons living on the prostitution of others are prohibited immigrants persons bringing, into Commonwealth liable for ex- penses of maintenance of Regulations, power to make prescribing language for dictation test publication of . . to be laid before Parliament Return to be made annually and laid before Parliament of persons refused admission, passed test, and admitted without test Stowaways, deemed prohibited immigrants definition of . . detention of vessels to search for . . master, &c., of vessel liable to penalty for entering port with search of vessels for Vessel, duty of master, &c., of, to provide return passage for pro- hibited immigrant. . duty of master of, to facilitate boarding by ofiicers Government, exception of crews of . . in port, provision as to crews of master, &r:., of, liable to penalty if prohibited immigrant enters Commonwealth from master, &c., of, not liable to penalty where immigrant enters under exemption certificate master, &c., of, not liable to penalty where immigrant allowed by officer to enter . . Section. 5(1) • 498 5(2) 498 8 499 9a 500 3(A) 496 3(1) 496 3(;) 490 3(A) 496 3(0 496 Z{1) 496 4a 19 6 499 7 499 13a 503 13b 503 17 504 13a 503 9a 500 3(/) 496 13 503 16(1) 503 3(o) 496 16(2) 503 16(3) 504 17 504 9a 500 9d 501 9c 500 9a 500 9b 500 13a 503 9b 500 3(7) 496 3 (A) 496 9 500 4 497 6 499 Page. 497 504 Index to Acts. 1259 Section. Page. Immigration Restriction Act 1901-1910 — continued. Vessel, master, &c., of, liable to penalty for entering port with stowaway on board 9a 500 master of, liable to penalty for moving vessel under deten- tion 9c 500 master, &c., of, liable to pay for maintenance of prohibited immigrant I3a 603 may be detained, and if penalty inflicted and not paid, may be seized and sold 10 501 may be detained by officers to search for stowaways 9c 500 may be searched by officers for stowaways 9b 500 may be searched for prohibited immigrants 14b 603 Inscribed Stock Act (Commonwealth) 1911. Act, parts of 2 809 short title of . . 1 809 Application for issue of stock certificate to bearer 33 812 of Stock Redemption Fund 46 814 transmission 28 812 Appointment of Registrars and Deputy Registrars 14 810 Auditor-General to examine ledgers monthly . . 53 816 Books, falsification of 50 815 Certificates, stock. See Stock certificate. stock, to bearer. See Stock certificate to bearer. Closing of registers 27 812 Consolidated Revenue Fund, stock and interest a charge on 6 810 Copies of books, &c., evidence 44 813 Creation of stock Part II. 810 Definitions 3 809 Deputy Registrars, appointment of . . 14 810 Documents, falsification of . . 50 816 Effect of inserting name in stock certificate to bearer . . 40 813 stock certificate 17 811 stock certificate to bearer . . 36 812 Equitable interests preserved 20 811 Establishment of Registries . . 14 810 Execution of deed of transfer of stock 25 811 False personation of person entitled to stock . . 49 814 Falsification of books and documents . . 50 815 Forfeiture of forged documents and illicit forms 51 815 Forged documents and illicit forms, forfeiture of 61 815 Forging or uttering stock certificates, &c. 48 814 Forms, prescribed . . 55 815 Infant, stock in name of, jointly -\\ith adult 21 811 Inscribed stock. See Stock. Inscription of stock Part III. 810 Interminable, stock may be made 8 810 stock, redemption of . . 10 810 Interest . . 5 810 a charge on Consolidated Revenue Fund 6 810 coupons 35 812 receipts for 22 811 to cease after notice of redemption 11 810 unclaimed, list of, to be kept by Registrars 54 815 Investment iii stock an authorized form of investment 52 8! 5 of Stock Redemption Fund 47 814 Issue of stock Part II. 810 Ledger, examination of, by Auditor-General . . 53 815 stock to be inscribed in 15 811 trust not to be entered in . . 19 811 Limit of number of names in which stock may be inscribed 16 811 l-JCll Index to Acts. Inscribed Stock Act (Commonwealth) 1911 — conlintu'd. List of uuil.iiiiii-'l interest to he kept by l{et,'islnirs I^)iin Fuiul. monovs from sale of stock to be placed to credit of Lost, mislaid, or destroyed certificates, i.ssuo of fresh certificates ill lieu of Miiiiiiuiin amount of stock transferable Moneys from sale of stock to be placed to credit of Loan Fund Names, limit of number of, in which stock may be inscribed New stock certificates to bearer on expiry of old coupons on certificates being lost, mislaid, destroyed . . Notice of redemption of stock trust not received. . OtTenccs against Act Orders of Court to bo carried into effect Owner of stock, equitable interests may be enforced against may apply for issue of stock certificate to bearer ))erson inscribed m stock ledger deemed to be Parliament, annual statement to be laid before Parts of Act Personation, false, of person entitled to stock . . Powers of attorney. . Redemption Fund. See Stock Redemption Fund, of interminable stock of stock redeemable at a fixed date time for Register, closing of stock not to be dealt a\ ith through, while stock certificate to bearer outstanding Registrar, appointment of . . detiiiition of Deputy, appointment of . . issue by, of stock certificate on demand of owner in lieu of stock certificate to bearer to bearer in lieu of stock certificate not to receive notice of trust registration by, of transfer of stock registration bj% of transmission application . . to comply ^^'ith order of Court relating to stock to keep forms Registration of transfer of stock transmission of stock. . Registry, definition of establishment of transfer of stock from one, to another . . Regulations, power to make. . Re-inscription Statement, annual, to be laid before Parliament Stock and interest a charge on Consolidated Revenue Fund certificate, forging, uttering, &c. fraudulently delivering, to person not entitled issue and effect of . . issue of, in lieu of stock certificate to bearer issue of stock certificate to bearer in lieu of to be delivered up before transfer or transmission registered to bearer, application by owner of stock for cancellation of, on issue of stock certificate effect of . . effect of insertinsf name in Section. 54 12 42 32 12 16 38 42 8-11 19 48-50 43 20 33 18 57 2 49 56 10 9 8 27 37 14 3 14 17 34 Pago. SI 5 .SI (J 813 812 810 811 812 8L3 810 811 814-815 813 811 812 811 815 809 814 815 810 810 810 812 812 810 809 810 811 812 39 813 19 811 26 811 28-31 812 43 813 55 815 26 811 30 812 3 809 14 810 23 811 58 816 39 813 57 815 6 810 48 814 50 . 815 17 811 39 813 34 812 31 812 33 812 39 813 36 812 40 813 Index to Acts. 1261 Section. Page. Inscribed Stock Act (Commonwealth) 1911 — continued. Stock certificate to bearer, forging, uttering, &c. 48 814 fraudulently delivering, to person not 50 815 entitled insertion of name in, effect of 40 813 interest coupons attached to 35 812 issue of, in lieu of stock certificate . . 34 812 issue of stock certificate in lieu of . . 39 813 lost, mislaid, or destroyed, issue of fresh certificate in lieu of 42 813 new certificate on expiry of period covered by coupons on old 38 812 not rendered invalid through issue to trustee 41 813 stock covered by, not to be dealt with through register while certificate outstanding 37 812 transferable by delivery . . 36 812 trustees not to hold unless authorized by trust 41 813 in joint names of infant and adult 21 811 interest on . . 5, 11 810 investments in, an authorized form of investment 52 815 ledger. See Ledger. may be made interminable 8 810 may be made redeemable at a fixed date 8 810 not to be dealt mth through register while stock certificate to bearer outstanding 37 812 not to be inscribed in more than four names 16 811 o^\^le^ of. See Owner of stock. power to create 4 810 Redemption Fund. See Stock Redemption Fund. time for redemption of 8-10 810 to be inscribed 15 811 to be personal property 13 810 Stock Redemption Fund, application of, to purchase, &c., of stock 46 814 investment of 47 814 payments into 45 813 Terms and conditions of issue of stock 7 810 Time for redemption of stock 8-10 810 Transfer by deed . . 24 811 execution of 25 811 from one Registry to another 23 811 minimum amount of stock which owner may 32 812 not to be registered within fourteen days before interest day 27 812 registration of 26 811 where one o^\'ner an infant . . 21 811 Transmission application 28 812 registration of 30 812 verification of 29 812 Trustees not to hold stock certificates to bearer unless authorized by trust . . 41 813 Trusts, notice of, not to be receiyed or entered in ledger 19 811 Unclaimed interest, list of, to be kept b}' Registrars 54 815 Uttering stock certificates, &c. 48 814 Invalid and Old-age Pensions Act 1908-1909. Aboriginal natives of Australia, Africa. Pacific Islands, and New Zealand not qualified to receive invalid or old-age pensions 16(l)(c), 825, 21 (1) (6) 827 Absence, occasional, continuous residence not interrupted by 18(1) 826 I'^r.'J Index to Acts. Invalid and Old-age Pensions Act 1908-1909— continued. Absent, person haviiii? homo in Australia not deemed to be Acoiik'iit must not have been self-induced Act, miministration of commencement of commencement of Part IV. of . . parts of abort title of . . " this," Regulations included in term Africa, aboriginal natives of, not qualified to receive pensions Age, qualifying, for invalid pensions . . old-age pensions . . old-age pensions, reduction of, in case of women Aiding or abetting, by false representation, person in obtaining or claiming pension Aliens not qualified to receive pensions Annual statement of pensions to be laid before Parliament Appeal by claimant to Minister to Minister from decision of Deputy Commissioner can- celling, suspending, or reducing pension Asiatics (unless born in Australia) not qualified to receive pensions Assessment of value of accumulated property . . Assistant Commissioner, appointment of declaration by, before entering on duties powers of . . Asylum, benevolent. See Benevolent asylum. Asylum for insane, payment of pension on discharge from suspension of pension if pensioner becomes inmate of Attendance of claimant at hearing of claim Australia, aboriginal natives of, not qualified to receive pensions Benevolent asylum, definition of magistrate may recommend admission of claimant to . • no payment to successful claimant while an inmate of See also Charitable institution. Benevolent society, pension of unfit pensioner may be paid to Board and lodging to be included in reckoning income . . Cancellation of certificate on conviction for certain offences delivery up to Registrar of certificate on Cancellation of pension See also Forfeiture : Suspension. Character, claimant must have good . . Charitable institution, evidence by member of, as to circumstances of claimant . . magistrate may recommend admission of claimant to . , no payment to successful claimant while inmate of . . Charitable society, pension of unfit pensioner may be paid to Circumstances of claimant, evidence of or pensioner, report on Claim to adequate maintenance or compensation disqualifies for invalid pension . . Claimant, definition of issue of pension certificate to, if determination favorable may adduce fresh evidence notification to, of time and place for hearing of claim . . 18(2) 827 22(d) 827 5 823 2 822 19 827 3 822 1 822 4 822 16 (1) (c). 826, 21 (1) {b) 827 20 827 15(1) 825 15(2) 825 49 (d) 836 16(1) (a). 825, 21 (1) (a) 827 54 837 32(1) 831 37(1) 832 16 (1) (c), 825, 21 (1) (6) 827 25 828 5a 823 13 825 5a 823 45 835 45 835 29 830 16 (1) (c), 825, 21 (1) (6) 827 4 822 31(2) 831 47 835 44 835 26 (a) 829 50, 51 836. 837 51(3) 837 37 (1), 52 832, 837 17(c) 826 30 (3) 830 31(2) 831 47 835 44 835 30 (3) 830 28 (2) 830 22 (e) 827 4 822 33 (3) 832 32 (2) 831 29 (2) 830 Index to Acts. 1263 Section. Page. Invalid and Old-age Pensions Act 1908-1909— continued. Claimant, notification to, of adverse determination of claim 33(4) 832 of invalid pension to be examined by medical practitioner 23 (2) 828 successful, no payment to, while inmate of charitable. &c., institution . . 47 835 unfit to be intrusted with pension may be sent to charit- able institution . . 31 (2), 44 831, 835 CommisBioner, appointment of 5 823 declaration by, before entering on duties 13 825 definition of 4 822 delegation of powers of, to Assistant Commissioner 5a 823 investigation of claim by, at direction of Minister 32(1) 831 may alter boundaries of districts 10(2) 824 may cancel, suspend, or reduce any pension 37 (1), 832, 38 (2) 833 may request magistrate to rehear any claim and may thereafter amend certificate 34 832 may require pensioner to file statement of income and accumulated property . . 38(1) 833 powers of, as to summoning witnesses, &c. 7 824 to direct medical examination of claimants of in- valid pensions . . ' 23 (2) 828 to divide States into districts . . 10(1) 824 Computation of income 26 829 Conditions entitling to invalid pension 20-22 827 old-age pension 15-18 825-826 Court, additional powers of, in case of conviction for certain offences ' 50 836 Declaration as to correctness of pension claim 27 (4) (5) 829 by officer before entering on duties 13 825 Deduction from pension on account of property 24 (2) 828 when both husband and wife are pensioners 24(2) 828 Delegation of powers by Commissioner 6a 823 Minister 14 825 Departure from Australia without intention to return forfeits pension 46(1) 835 Deputy Commissioner, appointment of 6 824 declaration by, before entering on duties 13 825 definition of . . 4(1) 822 investigation of claim by, at direction of Minister . . 32(1) 831 may authorize continuation of pension for subsequent year on Registrar's report 38 (2) 833 authorize, by warrant, pension of aged, infirm, or improvident pen- sioner to be paid to some other person 43(1) 834 cancel, suspend, or reduce pension . . 37(1), 832, 38 (2), 52 833, 837 direct forfeiture of instalments where pensioner misspends, &c., pension 44 835 forfeit one or more instalments of pensioner convicted of drunken- ness or offence 51 (1) 837 issue duplicate pension certificate . . 36 832 issue pension certificates to holders of certificates under State Acts . . 35 832 order pension of imfit pensioner to be paid to charitable society, &c. 44 835 request magistrate to rehear any claim, and may thereafter amend certificate 34 832 require pensioner to file statement of income and accumulated property 38(1) 833 I'jfl4 Invalid and Old Index to Acts. ■age Pensions continued. Act 1908 1909 Deputy Commissionor. iiuvy revoke warrant for payment of pen sion to some other person suspend jieiision where jiensioner unfit to ho intni.stt'd witli jiension waive forfeiture of instahncnt in cer tain cases powers of, as to summoning witnesses, &c to direct medical examination of claimants of invalid pensions to cancel certificate of pensioner convicted of certain offences to determine pension claim, except in cer tain cases to indorse certificate when pension cancelled suspended, or reduced to recommend claims before persons under sixty-five years of age can receive old age pensions . . to take steps for admission of claimants to charitable institutions Desertion of husband, wife, or children disqualifies from receiving pension . . Determination of pension claim if adverse, to be notified to claimant Discontinuance of pension Disqualifications in case of invalid pensions . . old-age pensions . . Districts, boundaries of, need not be specifically defined Commissioner may alter boundaries of Commissioner to divide each State into excise of powers in, where placed under control of Deputy Commissioner of another State Registrars for Documents, production of, Commissioner or Deputy Commis sioner may require Documents, production of. Magistrate may require Drimken, &c., habits, cancellation, reduction, or suspension of pension on account of Drunkenness, forfeiture of instalments on conviction for Duplicate pension certificate, issue of . . Equity and good conscience. Magistrate to act according to Evidence as to circumstances of claimant claimant may adduce fresh . . documents signed by Minister, &c., to be received as of claimant to be corroborated except as to age on oath, Commissioner or Deputy may receive on oath. Magistrate may receive penalty for refusing to give rules of. Magistrate not bound by . . that pajnnent duly made . . Examination by medical practitioner, claimant of invalid pension to undergo False statement in declaration, penalty for making False statement or representation, penalty for aiding or abetting by penalty for obtaining pension certificate or affecting rate of pension by Forfeiture of instalments, Court may direct, in certain cases Deputy Commissioner may order if not applied for . . Section. Page. 43 (3) 834 44 836 40 (3) (4) 7 834 824 23 (2) 828 51 (2) 837 33 (2) 832 37(2) 833 15(3) 31(2) 826 831 17(d) 826 33 (2) (3) 832 33(4) 832 38 (2) 833 21 (1), 22 827 16(1), 17 825, 826 10(3) 824 10(2) 824 10(1) 824 6 824 11 824 7(c) 824 38a 833 52 837 51 (1) 837 36 832 30(4) 830 28 (2), 830, 30(3) 830 32 (2) 831 56 838 31 (1) 831 7(&) 824 38a 833 9 824 30(4) 830 48(c) 836 23 (2) 828 27(4) 829 49 (d) 836 4:9 {a) 836 50 [b] 836 44,51 835, 837 40 (2) 833 Index to Acts. 1265 Invalid and Old-age Pensions Act 1908-1909— continued. Forfeiture of instalments waiver of, in certain cases . . where pensioner convicted of certain offences See also Cancellation : Suspension. Forfeiture of pension by departure from Australia without inten tion to return to be waived on pensioner returning to Australia while pensioner in prison See also Cancellation : Suspension. Fraudulent device, obtaining payment of instalment by Friendly society, benefits from, are not income Home, amount of property exempt from deduction to be increased when property includes Hospital, definition of on discharge from, payment of pension resumed suspension of pension if pensioner becomes inmate of Incapacity, permanent, qualifies for pension . . must have accrued in Australia to entitle to invalid pension . . . . . . . . Income, claimant must not have deprived himself oi, in order to obtain pension computation of definition of of claimant of invalid pension not to exceed limit pre scribed for old-age pensions of pensioner plus pension not to exceed £52 per annum statement of, to be made by pensioner when required Instalment of pension. See Pension, instalment of. Invalid pension. See Pension, invalid. Invalid state of liealth must not have been self-induced Investigation of pension claim by Magistrate . . Registrar Judicial notice of certain official signatures Justice of the Peace, pension of unfit pensioner may be paid to . . Lending, wilfully, pension certificate to any other person Magistrate, definition of . . investigation by, of pension claim . . may dispense with claimant's attendance in certain cases dispense with corroborative evidence of claim- ant's age investigate claim in open Court postpone investigation of claim recommend admission of claimant to charitable institution recommend allowance or rejection of claim recommend cancellation, &c., of pension on account of drunken, &c., habits rehear claim at request of Commissioner or Deputy not bound by rules of evidence, but to act according to equity and good conscience . . powers of, as to summoning witnesses, &c. . . powers of, on rehearing . . recommendation by, as to claim . . special, appointment of . . to indorse recommendation on claim Marriage of woman with disqualified person does not disqualify her Medical practitioner, claimant of invalid pension to be examined by Section. Pago. 40 51 46(1) 833 837 835 46 (2) 835 46(3) 835 49 (c) 836 4 822 24 (2) (6) 828 4 822 45 835 45 835 15 (1), 20 825, 827 22(c) 827 17 (/), 826, 22(g) 827 26 829 4 822 22(/) 827 24(1) 828 38(1) 833 22(d) 827 30 830 28 830 56 838 44 835 49 (e) 836 4 822 30 830 29(2) 830 31 (1) 831 30 (2) 830 31 (1) (3) 831 31 (2) 831 31 831 52(1) 837 34 832 30(4) 830 38a 833 34 832 31 831 13a 825 33(1) 832 16 (2). 826, 21(2) 827 23 (2) 828 I •.'<)(■> Index to Acts. Invalid and Old-age Pensions Act 1908 1909- continued. Minister, appenl by claimnnt to . . . . . • ftpjionl to, from decision of Deputy Commissioner can celliii^, suspending, or reducing pension definition of delegation of powers by . . . . may cancel, suspend, or reduce any pension . . may r of reliction, pension of unfit pensioner may be paid to Naturalized subjects, if not naturalized on or before 30th June, 1910, not eligible for old-age pensions unless naturalized for three ye;,rs New Zealand, aboriginal natives of, not qualified to receive pensions Xoticetoclaimantof time and place for hearing of claim .. Oath, evidence on. Commissioner or Deputy may receive evidence on. Magistrate may receive Registrar may administer Obtaining, by personation or fraud, payment of any instalment of pension . , . . by unlawful means payment of forfeited or suspended instalment pension certificate or affecting rate of pension by false statement, &c. . . Office at which pension payable may be changed to be named in certificate Officer making payment, proof of applicant's identity to making payment to record and obtain receipt . . non-liability of, after receipt has been obtained from payee of pension Pacific Islands, aboriginal natives of, not qualified to receive pensions Parliament, annual statement of pensions to be laid before Payment of pension. See Pension, payment of. Penalty, additional, may be imposed by Court in certain circum- stances . . for disobedience of summons to appear as a witness failure to furnish report as to circumstances of claimant, &c. . . false statement in declaration or pension claim false statement, personation, or fraud furnishing untrue report as to circumstances of claimant, &c. lending certificate to another person refusal of witness to be sworn, produce documents, or answer questions Pension, absolutely inalienable amount of ascertainment of, for subsequent years cancellation, suspension, or reduction of certificate, cancellation of. See Cancellation. duplicate of, may be issued on loss of original . . issue of, to persons entitled to pensions under State Acts may be amended after rehearing production of, may be accepted as evidence of right to payment proved to have been wrongfully obtained. Court may cancel Section. 32(1) 37(1) 4 14 37(1) 32(1) 54 53 44 16(1) 16(1) (c), 21 (1)(6) 29 (2) 7(6) 38a 11 49 (c) ! 49 (6) P&ge. 831 832 822 825 832 831 837 837 835 825 825, 827 830 824 833 824 836 836 49 (o) 39(5) 39(4) 48(a) 48(6) 836 833 833 836 836 48(c) 836 16 (1) (c), 21 (1) (6) 54 825, 827 837 50 8, 38a (2) 836 824, 833 28(2) 27(4) 49 830 829 836 28(2) 49 (e) 830 836 9, 38a (3) 41 24(1) 38 37 (1), 38 (2), 52 824, 833 834 828 833 832, 833, 837 36 832 35 34 832 832 48(a) 836 50 (a) 836 Index to Acts. 1267 Invalid and Old-age Pensions Act 1908-1909— Section. Page. continued. Pension certificate, to be delivered up to Registrar on cancellation 51 (3) 837 to be indorsed when pension cancelled, sus- pended, or reduced 37 (2) 833 to be issued to claimant if determination favorable 33(3) 832 to be produced when payment applied for . . 40(1) 833 to bear notification of section 42 ( 1 ) of Act . . 42 (2) 834 wilfuUy lending, to any other person 49 (e) 836 claim, form of 27(3) 829 how to be made 27 (1) (2) 829 investigation of 28-30 830 may be withdrawn 27 (6) 830 recommendation of Magistrate to be indorsed on . . 33(1) 832 reference of, to Magistrate 29 830 rehearing of 34 832 to be declared to 27(4) 829 to be determined by Deputy Commissioner except in certain cases 33 (2) 832 date from which payable where claimant inmate of bene- volent asylum 47 835 deduction from, on account of the possession of property . . 24(2) 828 deduction from, when both husband and wife are pensioners 24(2) 828 definition of 4 822 discontinuance of . . 38 (2) 833 forfeited by pensioner's departure from Australia with- out intention to return 46(1) 835 forfeiture of, by pensioner's departure from Australia may be waived on his return . . 46(2) 835 forfeiture of, on cancellation of certificate 51(3) 837 granted subject to provisions of Act and subsequent Acts . . 42(1) 834 instalment of, forfeited, if not applied for within time allowed 40(2) 833 method of ascertaining amount of 39 (2) (3) 833 payable fortnightly at office named in cer- tificate or at place directed by Deputy Commissioner 39 (1) (4) 833 to be applied for within 21 days after due date 40(1) 833 invalid, amount of, regard to be paid to circumstances of claimant in determining 23(1) 828 claimant of, to be examined by medical prac- titioner . . 23 (2) 828 Commissioner or Deputy to direct medical exami- nation of claimants of 23 (2) 828 conditions necessary for receiving 22 827 persons disqualified from receiving 21 827 persons qualified to receive . . 20 827 may be paid to person named in warrant issued by deputy Commissioner 43(2) 834 no payment on account of, to claimant while inmate of charitable institution . . . . . . ' 47 835 of aged, infirm, or improvident pensioner may be paid to some other person 43(1) 834 of pensioner who becomes inmate of asylum or hospital, suspension of . . 45 835 of mifit pensioner, payment of, to other person, for benefit of pensioner 44 835 old-age, conditions necessary for receiving 17 826 persons disqualified from receiving 16 825 persons qualified to receive . . 15 825 payable fortnightly . . 39(1) 833 12()S Index to Acts. Invalid and Old-age Pensions Act 1908 1909- continued. Poiisioii, payment of, out of moneys appropriated by Parliament ])rocodiirc as to resumed on discharge of pensioner from asylum or hospital pensioner while in jirison forfeits, but on discharge may apply for its restoration . . rate of, to bo set out in determination of Commissioner or De])uty . . . . . . under State Act, issue of pension certificate to person entitled to variation of rate of . . Pensioner, aged, infirm, or improvident, pension of, may be paid to some other person convicted of certain offences, cancellation of certificate of convicted of drunkenness, &c., forfeiture of instalments of .. definition of departing from Australia, without intention to return forfeits pension entitled to resumption of payment of pension on dis charge from asylum or hospital . . misspending or unfit to be intrusted with pension, &c payment to charitable society, &c., of pension of . not applying for instalment of pension within time allowed forfeits it not entitled to compensation if pension affected by Act or any other Act . . payment of portion of pension to, on discharge from institution returning to Australia after forfeiture of pension may have forfeiture waived . . to file statement of income and accumulated property when so required to make personal application for instalments while in prison forfeits pension, but on discharge may apply for its restoration who becomes inmate of asylum or hospital, suspension of pension of . . Permanent incapacity. See Incapacity. Personal application to be made by pensioner for instalments Personation, obtaining payment of instalment of pension by Police Force, evidence of members of, as to circumstances of claimant Prison, pensioner forfeits pension while in, but on discharge may apply for its restoration . . Production of documents, Commissioner or Deputy Commissioner may require Magistrate may require Property, accumulated, assessment of value of net capital value of, not to exceed £310. net capital value of, in case of husband and wife claimant must not have deprived himself of, in order to ^ obtain pension . . Qualifications for invalid pensions old-age pensions Rates of pensions . . Receipt of payee of pension to be evidence that payment duly made Reduction of pension Section. 53 48 45 46(3) 33 (3) 35 38 (2) 43(1) 51(2) 51 (1) 4 46(1) 45 44 40 (2) 42(1) 45, 47 46(2) 38(1) 40(1) 46(3) 45 40(1) 49 (c) 30 (3) 46(3) 7(c) 38a 25 17 (e), 22(/) 25 {d) 17(/), 22(?) 20-22 15-18 24 48(c) 37 (1), 52 Page. 837 836 835 835 832 832 833 834 837 837 822 835 835 835 833 834 835 835 833 833 835 835 833 836 830 835 824 833 828 826, 827 828 826, 827 827 825-826 828 836 832, 837 Index to Acts. J261J Invalid and Old-age Pensions Act 1908-1909— contmued. Refusal, previous, of pension certificate disqualifies in certain cases Registrar, appointment of . . definition of duties of may administer oaths exempt any pensioner from filing annual state- ment of income require persons to supply information as to circumstances of claimant or pensioner or his relatives summon pensioner before Magistrate on account of drunken, &c., habits waive forfeiture of instalment in certain cases not to waive forfeiture twice consecutively except in case of pensioner's iUness to forward cancelled certificate to Deputy Commissioner investigate claim notify claimant of time and place for hearing of claim notify Deputy Commissioner of departure of pensioner notify Deputy Commissioner of return of pensioner . . refer claim to Magistrate on completion of investi- gation report on claims whose rejection is recommended by Magistrate . . transmit claim, indorsed by Magistrate, to Deputy Commissioner Regulations, power to make Rehearing of pension claim . . Relatives, definition of invalid pension not payable where claimant adequately maintained by Residence, continuous, not deemed to be interrupted by occasional absence continuous, not deemed interrupted by residence in a Territory or in a British Possession which becomes a Territory in Australia, conditions as to must be continuous for 5 years in case of invalid pen- sion 20 years in case of okl-age pen- sion Special Magistrates, appointment of . . See also Magistrate. State Acts, persons entitled to pensions under, issue of pension certificates to . . Suspension of pension Territory, residence in, not deemed to interrupt continuous resi- dence in Australia Time within which instalment of pension mxist be applied for Valuation by local authority may be accepted as value of claimant's property Waiver of forfeiture of instalment in certain cases of instalment, restriction on of pension on return of pensioner to Aus- tralia Warrant, issue of, by Deputy Commissioner for payment of pension of aged, infirm, or improvident pensioner to some other person issued by Deputy Commissioner may be revoked C.11128 —VOL. II. R Section. (9) 826 11 824 4 822 12 824 11 824 38(1) 28 (2) 52(1) 40(3) 837 834 40 (4) 51 (3) 28(1) 834 837 830 29(2) 830 46(1) 46(2) 835 835 29(1) 830 33 (5) 832 33 (2) 55 34 4 832 837 832 822 22(A) 827 18(1) 826 18 (lA) 17, 22 826 826, 827 22 (b) 827 17(6) 13a 826 825 35 37, 44, 45, 52 832 832, 835 837 18 (lA) 40(1) 826 833 25(c) 40 (3) (4) 40(4) 828 834 834 46(2) 43(1) 43(3) Page. 833 830 835 834 834 1270 Index to Acts. Invalid and Old-age Pensions Act 1908 1909- continued. Withdrawal of pension claim Witness, Commissioner or Deputy Commissioner may summon.. Magistrate may summon jienalty for failure to apjicar on summons penalty for refusing to bo sworn, produce documents, or answer questions Woman marrying disqualified person not thereby disqualified Women, reduction of qualifying age in case of Judiciary Act 1903-1910. Absent defendant. See Defendant. Accused persons. See Criminal Jurisdiction. Actions. See Suits. Acts of Parliament, questions respecting validity of, may be referred to High Court Aliens, appeals to High Court from judgments affecting status of persons under laws relating to Appeal, definition of by leave or special leave from State Court by special leave from State Court exercising Federal juris- diction . . cases in which appeal lies in criminal cases. See Criminal jurisdiction, duty of Court appealed from to execute judgment of High Court jurisdiction of High Court to hear and determine, to be exercised by Full Court leave of Court appealed from not necessary leave required to appeal from interlocutory judgments . . no appeal from determination of High Court upon consti- tutional question referred to it no appeal from order for costs except by leave powers of High Court on special leave to appeal to High Court, applications for . . to Privy Council, application for certificate to enable, on questions involving limits inter se of constitutional powers of Commonwealth and States See also Appellate jurisdiction. Appearance. See Parties. Appellate jurisdiction of High Court — Appeals from Justices exercising original jurisdiction of High Court Appeals from Supreme Courts of States, whether exercising Federal jurisdiction or not Appeals from State Courts from which an appeal lay to Queen in Council at establishment of Commonwealth Appeals from State Courts exercising Federal jurisdic- tion powers of Court in exercise of . . to be exercised by Full Court See also Appeal. Application for certificate that matter is one which ought to be determined by the Privy Council for leave or special leave to appeal from judgments of State Courts . . in Chambers in Chambers, reference of, to Court Association interested in constitutional question referred to High Court may be allowed to appear Section. 27 (6) 7(a) 38a 8, 38a (2) 9, 38a (3) 10 (2), 21(2) 15(2) 35 2 35 39 (c) 34, 35, 39 37 20, 21 728 35 731 35 731 93 747 27 729 36, 37 734 21 728 22 34 35 35 39 36, 37 20, 21 22 21 16 16 91 Page. 830 824 833 824, 833 824. 833 826, 827 825 747 731 725 731 735 731, 735 734 728 731 731 731 735 734 728 728 728 727 727 747 Ind&x to Acts. 1271 Judiciary Act 1903-1910 — continued. Attachment not to issue against property or revenues of Common- wealth or State and sequestration, effect of removal of cause on Attorney-General of the Commonwealth — may bring suits on behalf of Commonwealth, or appoint person to do so may move for removal of cause to High Court may prosecute for indictable offences against laws of Common- wealth may decline to proceed Avith prosecution for indictable offence against laws of Commonwealth may issue warrant directing discharge of person committed for trial for indictable offence against laws of Commonwealth process against Commonwealth may be served on . . Attorney-General of a State — may appear at hearing of constitutional questions referred by Governor- General may bring suits on behalf of State, or appoint person to do so may move for removal of cause to High Court process against State may be served on . . BaU of accused persons, application of State laws to convicted person may be admitted to, when question of law reserved convicted person may be admitted to, on arrest after reversal of order arresting judgment Bankruptcy, appeal to High Court from judgments affecting status of persons under laws relating to . . Barrister arguing constitutional question referred to High Coiirt, payment of, by Commonwealth right of, to practise in Federal Courts right of parties to appear by Rules of Court may be made providing for admission of, in Federal Courts striking off Register of Practitioners of name of Case reserved for Full Court See also Criminal jurisdiction. Cause, applications relating to the conduct of, may be heard in Chambers definition of . . further hearing of, at another place High Court may remit to lower Court for execution of judg ment on appeal removal of, into High Court. See Removal of causes. Cause of action, matters in controversy between parties regarding, to be completely and finally determined as far as possible Chambers, appeal from Justice exercising original jurisdiction in. case stated in, for opinion of Full Court exercise of jurisdiction of High Court in . . jurisdiction in, of Judges of State Supreme Courts in matters pending in High Court . . jurisdiction to award costs in matters in, may be referred to Court question reserved in, for opinion of Full Court Chief Justice, appointment of definition of . . opinion of, prevails where Court equally divided performance of powers and duties of, in his absence or inability salary and travelling expenses of See also Justices of the High Court. Claims against the Commonwealth. See Suits against the Common wealth. Claims against the Commonwealth Act 1902, repeal of Claims against a State. See Suits against a State. Section. 65 44 (6) 61 40 69(1) 71 71 63 90 62 40 63 68 72 76 (3) 35 92 49 78 86 iga) 49 18 16 2 13 37 32 34 18 16 17 26 16 18 4 2 23 7(1) 47, 48 726 738, 739 1272 Index to Acts. Judiciary Act 1903 1910 — continued. Common law, appliention of, iti Courts exercising Federal juris- diction . . Commonwi-alth and Statos, questions involving limits inter se of constitutional powers of. See Constitutional powers. Commonwealth, Crown Solicitor of, rights and privileges of execution not to issue against property or revenues of judgment against, how satisfied judgment in favour of, how enforced . . mandamus against officer of . . prohibition against officer of . . suits against. See Suits against the Common- wealth, suits by. See Suits by the Commonwealth. Constitution, matters arising under or involving interpretation of — original jurisdiction of High Court in removal to High Court of Constitutional powers of Commonwealth and States, questions involving limits inter se of — application for certificate to enable appeal to Privy Council on exclusive jurisdiction of High Court as to removal to High Court of causes in which questions arise Constitutional questions, reference of, by Governor-General to High Court jurisdiction of High Court to hear and determine constitution of Court to hear and deter- mine right of State Attorneys- General to be represented representation of other persons claiming to be interested Court may request counsel to argue as to any interest determination of Court to be final rules of Court, po^^'er to make, in relation to Contempt of Court, power of High Court to punish Conviction not to be set aside for improper admission of certain evidence Costs, jurisdiction of High Court to award no appeal from order as to, except by leave power to make Rules of Court for taxation of . . Courts exercising Federal jurisdiction — appeal from, to High Court application of common law in . . ... application of State laws in mandamus or prohibition to Court of summary jurisdiction, exercise of Federal jurisdiction by . . Criminal jurisdiction — apphcation of State laws in relation to . . investiture of State Courts mth Federal jurisdiction in relation to . . magistrates who may exercise Federal jurisdiction in relation to indictable offences, how prosecuted appointment of counsel to defend, where accused without adequate means venue where offence begun in one State and completed in another discharge of accused where Attorney- General declines to proceed appeal by way of question of law reserved powers of Court on hearing of appeal eflEect of order of Court on appeal Section. 80 50 65 66 67 33, 38 33, 38 69 (3) 71 743 72-74 743 73 743 74 744 Page. 745 739 741 741 741 731, 735 731, 735 30 40 730 736 22 38a 40a 728 735 737 88 747 88 747 89 747 90 747 91 747 92 93 747 747 94 24 747 729 75 26 27 86(e) 744 729 729 746 20 80 79 33 39 728 745 745 731 735 68 741 39, 68 68 (3) 69 735, 741 742 742 742 743 Index to Acts. 1273 Section. Page. Judiciary Act 1903-1910 — continued. Crijaiinal jurisdiction — continued. conviction not to be set aside on ground of improper admission of certain evidence 75 744 appeal by way of case stated from order arresting judgment 76(1) 744 powers of Court on hearing of appeal from order arresting judgment 76 (2) 744 no other appeal to High Court in indictable offences against laws of Commonwealth except by special leave or in case of error 77 744 Criminal proceedings included in term " cause " 2 725 CrowTi Solicitor for the Commonwealth — right of, to practise in Federal Courts and Courts exercising Federal jurisdiction . . 50 739 rights and privileges of, in States 50 739 Decree, included in term " judgment " 2 725 Defence, additional matters in, may be raised in causes removed to High Court 46 738 of accused persons, counsel may be appointed for, in certain cases 69 (3) 742 Defendant, absence of one, does not prevent cause proceeding agamst others 28 729 absent, not prejudiced by judgment unless he has been served \\'ith process and submits to jurisdiction . . 28 729 definition of 2 725 may raise additional matters in defence on removal of cause to High Court 46 738 outside jurisdiction, may be proceeded against after notice 29 730 Deputy Marshals. See Marshal. District Registrars of High Court, appointment of 51 (2) 739 powers and duties of 52 739 District Registries of High Court, establishment of 11 (2) (3) 726 District Registrars at 51 (2) 739 Deputy Marshals at . . 54 740 creation of new offices in 51 (3) 739 copies of register of practi- tioners to be kept at 49(3) 739 Divorce, appeal to High Court from judgments affecting status of persons under laws relating to 35 731 Evidence, application of State laws relating to, in Courts exercising Federal jurisdiction 79 745 conviction not to be set aside on ground of improper admission of certain 75 744 Exclusive jurisdiction of High Court — matters arising directly under any treaty 38(a) 735 suits between States 38 (6) 735 suits by the Commonwealth against a State 38 (c) 735 suits by a State against the Commonwealth 38 {d) 735 mandamus or prohibition against Commonwealth officer or Federal Court 38 (e) 735 matters involving questions as to limits intei- se of constitutional powers of Commonwealth and States 38a 735 matters involving questions as to limits inter se of constitutional powers of two or more States . . 38a 735 other matters of Federal jurisdiction, except so far as State Courts are invested \\dth Federal jurisdiction 39 735 Execution of judgment on* appeal, remittal of cause for 37 734 of judgment in favour of Commonwealth or State 67 741 not to issue against jjroperty or revenues of Common- wealth or State 65 741 Federal Courts, mandamus or prohibition against 33, 38 731.735 barristers and solicitors, right of, to practise in . . 49 739 barristers and solicitors, power to make rules of Court for admission of, to . . 86 (ga) 746 Index to Ads. Judiciary Act 1903-1910 — continued. Fodenil jiiii.Mdi.tioii, niipciil to Hif^h Court from Courts exercising, to l)e heard by Full Court appeal to High Court from State Courts exer- cising application of common law in Courts exercis- ing . . application of State laws in Courts exercising High Court may command performance of duties by Courts invested with . . High Court may require Court to abstain from exercise of investiture of State Courts with of State Supreme Courts in Chamber matters pending in High Court Fees, Court, power to make rules of Court prescribing . . . Practitioners. See Practitioners. Forfeitures, venue in suits to recover where seizure on high seas where seizure in State or part of Commonwealth Forms in High Court, power to make Rules of Court prescribing Full Court of High Court- appellate jurisdiction to be exercised by . . applications for leave or special leave to appeal to High Court from State Court to be heard by case may be reserved for constitution of, generally constitution of, in case of appeal from Supreme Court of a State sitting as a Full Court constitution of, in case of application for certificate to enable appeal to Privy Council constitution of, in case of reference by Governor-General of constitutional questions decision of, in case Court divided Justice, absent, opinion of, may be read by another Justice Justices present at hearing need not all be present to deliver judgment powers of, on hearing of questions reserved in criminal cases question of law may be reserved for Good behaviour, security for, under Commonwealth law Habeas corpus, jurisdiction of High Court as to Hearing, continuance of, at place different from that where com- menced . . High Court, appellate jurisdiction of. See Appellate jurisdiction of High Court, application of State laws to trials by, of indictable offences appointment of Justices of Chambers, exercise of jurisdiction of, in Chief .lustice of. See Chief Justice, constitution of . . contempts of, power of, to punish costs, jurisdiction of, to award exclusive jurisdiction of. See Exclusive jurisdiction of High Court. Full Court of. See Full Court of High Court, injunction may be granted by, against a State and its officers jurisdiction of. See — Appellate jurisdiction of High Court : Exclusive jurisdiction of High Court : Original jurisdiction of High Court. Justices of. See Justices of the High Court. Marshal of. See Marshal. 20 35, 39 80 79 33 33 39, 68 (2) 17 86(/) 82 84 84 86 (rf) 20 21 18 19 21(2) 22 89 23 14 14 73, 76 18, 72-76 81 33 13 41 4 16 4 24 26 60 728 731, 735 745 745 731 731 735, 742 727 746 745 746 746 746 728 728 728 728 728 728 747 729 727 727 743, 746 728.743- 744 745 731 727 737 725 727 725 729 729 740 Index to Acts. 1275 Judiciary Act 1903-1910 — continued. High Court may continue hearing at place different from that where commenced . . may pronounce judgment at place different from that \\here case heard may determine cause as between parties before it, in absence of defendant not served may proceed to exercise jurisdiction after notice to - defendant who is out of the Commonwealth original jurisdiction of. See Original jurisdiction of High Court. power of, to make Rules of Court powers of, general, in exercise of appellate jurisdiction powers of, general, in exercise of original jurisdiction princiiDal seat of process, judgments, &c., of, to run throughout Com- monwealth question of law may be reserved for consideration of reference of constitutional questions to Registrars of. See Principal Registrar : District Registrars. Registries of. See Principal Registry : District Registries, remitter of matter from, to State Court for trial removal of causes from State Court to. See Removal of Causes from State Courts into High Court, sittings of. See Sittings of High Court, to be a Superior Court of Record Indictable offences against the laws of the Commonwealth — appeal from conviction for appeal from order arresting judgment appeal in case of error or by special leave application of State laws to trial, &c., of . . appUcation of State laws to trial, &c., of, in High Court Attorney- General may present indictment for Attorney-General may decline to proceed with prosecution for counsel for defence of accused person not having adequate means discharge of accused where prosecution for, not proceeded with Federal jurisdiction of State Courts as to how prosecuted venue in certain cases of See also Crimmal jurisdiction. Indictment. See Indictable offences : Attorney-General. Injunction may be granted by High Court against a State and its officers effect of removal of cause on Insolvency, appeal to High Court from judgments affecting status of persons under laws relating to Interlocutory judgment of State Court, appeal by leave to High Court from . . orders, effect of removal of cause on Inter-State Commission, exercise of jurisdiction of High Court on appeal from Investiture of State Courts with Federal jurisdiction Judge of State Supreme Court, exercise by, in Chambers, of juris- diction in matters pending in High Court power of, to state case or reserve question for Full Court of High Court Judgment agamst Commonwealth or State, how satisfied appealed from, High Court may affirm, reverse or modify definition of delivery of, at place different from that where cause or matter heard Section. 13 13 28 29 86, 94 36, 37 31-33 10 25 18, 72, 76 45 72-74 76 77 68 41 69(1) 71 69 (3) 71 39, 68 (2) 69(1) 70 60 44 (d) 35 35 44 20 39, 68 (2) 17(2) 18 65, 66 37 2 13 Page. 727 727 729 730 746, 747 734 730-731 726 729 728, 743, 744 747 738 725 743-744 744 745 741 737 742 743 742 743 735, 742 742 743 740 738 731 731 738 728 735. 742 728 728 741 735 725 727 1276 Index to Acts. Section. Page. Judiciary Act 1903-1910 — continued. Judgment, duty of Court appealed from to execute judgment of High Court . . 37 734 in favour of Commonwo.ildi or State, how enforced . . 67 741 not to prejudice defendant who has not been served with process, and does not appear ... 28 729 of High Court to iiave effect and may be executed throughout Commonwealth 25 729 of State Courts, appellate jurisdiction of High ( 'ourt w ith respect to 35, 39 731.735 Juriadiction. See Appellate jurisdiction : Criminal jurisdiction : Exclusive jurisdiction : Federal jurisdiction : Original jurisdiction : Summary jurisdiction. Justices of the High Court — appeal from Justice exercising original jurisdiction 20, 34 728, 731 appointment of 4 725 disabilities of .. 8 726 duties of Chief Justice, performance of, in his absence or inability 7 726 jurisdiction of, to a\\ard costs 26 729 number of 4 725 number of, to exercise jurisdiction of High Court . . 15 727 oath or affirmation to be taken by 9 726 opmion of one Justice may be read by another 14 727 opinion of senior Justice prevails where Court equally divided and Chief Justice absent 23 729 po^^■er of. to state case or reserve question for Full Court 18 728 qualifications of 5 725 salaries and travelling expenses of 47, 48 738. 739 seniority of . . 6 726 Laws, State, application of, to trial, &c., of offences against laws of the Commonwealth 68 741 application of, to trial on indictment in High Court 41 737 relating to procedure, evidence, &c., application of. in Courts exercising Federal jurisdiction 79 745 Limits inter se of constitutional pow ers of Common \\ealth and States, questions involving. See Constitutional powers. Magistrates authorized to exercise Federal jurisdiction of Court of summary jurisdiction, or with respect to indictable ofJences . . 39(d),68(3) 735, 742 Mandamus against Commonwealth officers and Federal Courts, ex- clusive jurisdiction of High Court as to . . 38 735 jurisdiction of High Coiu't as to . . 33 731 Marriage, appeal to High Court from judgments affecting status of persons under laws relating to 35 . 731 Marshal, appointment and duties of . . 53 739 appointment and duties of Deputy- Marshals . . 54 740 appointment of officers to assist Marshal and Deputy- Marshals 55 740 power to make Rules of Court regulating the duties of Marshal, &c. . . 86 (c) 746 Matter, definition of 2 725 See also Cause. Multiplicity of legal proceedings. High Court to exercise powers so as to avoid 32 730 New trial, appeal includes application for . . ' 2 725 jurisdiction of High Court to hear and determine applica- tions for, to be exercised by Full Court 20 728 jurisdiction of High Court to order, on appeal '36 734 Notice to defendant outside jurisdiction, power of High Court to proceed after 29 730 Offences. See Criminal jurisdiction. Offenders agamst laws of Commonwealth, application of State laws to procedure against 68 741 Index to Acts. 1277 Judiciary Act 1903-1910 — continued. Officer, Commonwealth, jurisdiction of High Court as to nianda mus against Officers at Principal and District Registries to assist the Marshal and his Deputies of High Court, power to make Rules of Court regulating duties of Offices in High Court, creation of creation of new Order of High Court to have effect and may be executed through out Commonwealth effect of I'emoval of cause on . . included in term " judgment " Original jurisdiction of High Court — appeals from Justices exercising . . in constitutional questions referred by Governor-General in matters in which conferred by the Constitution . . in matters arising under the Constitution or involving its interpretation in mandamus, prohibition, ouster of office, and habeas corpu powers of High Court in exercise of Ouster of office, jurisdiction of High Court as to Parties, absence of, when not served, not to prevent cause being proceeded wdth against other defendants Court on hearing to determine as far as possible all matters in controv«rsy between may appear personally or by barrister or solicitor not served with process and not appearing voluntarily, not prejudiced by judgment out of jurisdiction, cause may proceed against, where served with notice rights of, in suits by and against Commonwealth and States Peace and good behaviour, security for, under Commonwealth law Penalties, venue in suits to recover Person interested in constitutional question referred to High Court may be allowed to appear Plaintiff, definition of Police Magistrate, power of, to exercise Federal jurisdiction in rela- tion to summary proceedings, and preliminary proceedings for indictable offences Practice of High Court, power to make Rules of Court regulating Practitioners, power to make Rules of Court regulating charges of, and providing for taxation of bills of costs of . . register of See also Barrister : Solicitor. Principal Registrar of High Court — appointment of powers and duties of . . Register of Practitioners to be kept by . . Principal Registry of High Court — establishment of creation of new offices in Register of Practitioners to be kept at . . Principal seat of High Court Privy Council, applications for certificates to enable appeal to, in questions involving limits inter se of constitutional powers of Commonwealth and States ... . . Procedure, application of State laws relating to, in Courts exercising Federal jurisdiction power to make Rules of Court regulating Proceedings in lower Court, effect of removal of cause on Process, effect of removal of cause on not to issue against property or revenues of Commonwealth or State Section. 33, 38 51 55 86 (c) 51 51 (3) 25 44 (d) 2 34 88 30 30 33 31, 32 33 28 32 78 28 29 64 81 82 90 2 39 (d), 68 (3) 86 (b) 86 (e) 49 51 (1) 52 49 (2) 11 (1) 51 (3) 49(3) 10 22 79 86 (b) {h) 44 (d) 44 65 731, 735 739 740 746 739 739 729 738 725 73] 747 730 730 731 730 731 729 730 745 729 730 741 745 745 747 725 735, 742 746 746 739 739 739 739 726 739 739 726 728' 745 746 738 738 741 1278 Index to Acts. Judiciary Act id03A9iO— continued. Process, of Hi^jli Court to run throughout Commonwealth .. powers of High Court us to, in exercise of its original jurisdirtion service of, on Coininon\\ealth or State Prohibition against Commonwealth officers and Federal Courts, exclusive jurisdiction of High Court as to jurisdiction of High Court as to . . Property, appeal to High Court from State Court where judgment involves, to value of £300 applications relating to custody, management, preserva- tion, or sale of, or disposition of purchase-money of, may be heard in Chambers custody of, when taken or obtained under revenue laws . . of Commonwealth or State, execution, &c., not to issue against orders for custody or preservation of, effect of removal of cause on Prosecution. See Criminal jurisdiction. Question of law may be reserved for consideration of a Full Court . . Register of Practitioners Registrar, District. See District Registrars of High Court. Principal. See Principal Registrar of High Court. Registries, District, of High Court. See District Registries of High Court. Registry, Principal, of High Court. See Principal Registry of High Court. Relief, complete, to be granted, as far as possible, in causes in High Court Remitter of matter from High Court to State Court for trial Removal of causes from State Courts into High Court — application for order for effect of removal on proceedings in lower Court new defences may be raised in High Court proceedings in removed cause to be transmitted to High Court proceedings in High Court after removal . . remittal back or dismissal of cause if improperly removed . . removal Adhere cause arises under the Constitution or involves its interpretation removal where question arises as to limits inter se of constitu- tional powers of Commonwealth and States sworn copy of records of lower Court may be used in High Court ^\Tit for return of records in the cause Repeal of Claims against the Commonwealth Act 1902 Revenue laws, custody of property taken or obtained under venue in suits to recover taxes under Review, appeal includes application to Rules of Court, power to make to be laid before Parliament . . may be annulled by Governor- General on address from either House . . Salaries of Chief Justice and other Justices of the High Court . . Seat, principal, of High Court Security, effect of removal of cause on of the peace and for good behaviour under Commonwealth law Seizures, venue in case of . . . . Seniority of Justices of the High Court Sentence included in the term " judgment " . . Sequestration, effect of removal of cause on . . Service of process on Commonwealth or State, how effected Sittings of High Court, places of power to sit at different places to pronounce judgment or for further hearing 25 31 63 38 33 35 16 85 65 44 18, 72, 76 49 729 730 741 735 731 731 727 746 741 738 728, 743, 744 739 32 45 40 44 46 40 41 42 40 40a 43(&) 43(a) 3 85 83 2 86, 94 87 87 47, 48 10 44 81 84 6 2 44 63 12 13 730 738 736 738 738 736 737 737 736 737 737 737 725 746 745 725 746, 747 746 746 738,739 726 738 745 746 726 725 738 741 727 727 Index to Acts. 1279 Judiciary Act 1903-1910 — continued. Sittings of High Court, power to make Rules of Court regulating . . Solicitor, Crown. See Cro\vn Solicitor for the Commonwealth. right of, to practise in Federal Courts right of parties to appear by High Court may direct name of, to be struck off Register of Practitioners power to make Rules of Court providing for admission of, in Federal Courts Special Magistrate, power of, to exercise Federal jurisdiction in relation to summary proceedings, and preliminary pro- ceedings for indictable offences State, representation of, at hearing of constitutional question referred to High Court suits against and by. See Suits against a State : Suits by a State. States, Commonwealth and, questions involving limits inter st of constitutional powers of. See Constitutional powers. State Courts — appellate jurisdiction of High Court with respect to judgments of .. duty of, to execute judgments of High Court on appeal excluded from jurisdiction in certain matters investiture of, ^^-ith Federal jurisdiction remitter back to, where cause improperly removed from remitter of matter to, from High Court, for trial . . removal of causes from. See Removal of causes. State laws. See Laws, State. Stipendiary Magistrate, power of, to exercise Federal jurisdiction in relation to summary proceedings and preliminary proceedings for indictable offences Suit, definition of . . See also Cause : Suits against the Commonwealth : Suits by the Commonwealth : Suits against a State : Suits by a State. Suits against the Commonwealth — by a State, exclusive jurisdiction of High Court in by a person, may be brought ua High Court or in Supreme Court of State by a State, may be brought in High Court service of process on Commonwealth or State in . . rights of parties iu execution, &c., not to issue against property or revenues of Commonwealth in . . judgment against Commonwealth in, how satisfied Suits by the Commonwealth — against a State, exclusive jurisdiction of High Court in may be brought in name of Attorney- General of Commonwealth or his appointee Bervice of process on Commonwealth or State in . . rights of parties in execution, &c., not to issue against property or revenues of Commonwealth in . . judgment in favour of Commonwealth in, how enforced Suits against a State — by the Commonwealth, exclusive jurisdiction of High Court in by a person, may be brought in Supreme Court of State, or in certain cases in High Court by another State, may be brought in High Court . . High Court may grant injunction against State or its officers in service of process on Commonwealth or State in . . Section. Page. 86 (a) 49 78 49 86 {ga) 39 (d), 68 (3) 90 -^35 39 ;.; 37 "38, 38a 39, 68 (2) 42 45 39 (i), 68 (3) 2 38 746 739 745 739 746 735, 742 747 56 57 63 64 740 740 741 741 65 65, 66 741 741 38 735 61 63 64 740 741 741 65 67 741 741 38 735 58 59 60 63 740 740 740 741 731.735 734 735 735. 742 737 738 735, 742 725 735 12H0 Index to Acts. Section. Judiciary Act 1903 1910— continued. SuitH ftL'HinsI a Stuto — onitinved. rights of jmrtieB in oxei-uli«)ii. Ac, not to issue against property or revenues of State in jiidninent nuainst .St.ito ill. how nalisfied .. Suits bv H State — BK'i>in«t. the Comnionwoalth, oxclu.sive jurisdiction of High t'ourt against Coniinonwealth may be brought in High Court ngain.^t another State may be brought in Higli Court niav bo brought in name of Attorney-General of State or his appointee . . . . • • • • _ ecrvice of process on Commonwealth or State in . . rights of parties in execution. &c., not to issue against property or revenues of State in judgment in favour of State in, how enforced Summary jurisdiction. Federal jurisdiction of Courts of . . Magistrates ^\ho may exercise Federal juris- diction of Courts of . . State laws relating to, application of Summary procedure. See Summary jurisdiction. Supreme Court of a State — appeal from, when exercising Federal jurisdiction, to be heard by Full Court appellate jurisdiction of High Court with respect to judgments of .. .. .... applications for leave or special leave to appeal to High Court from, to be heard by Full Court duty of, to execute judgment of High Court on appeal duty of, when quest ions involving limits inter se of constitutional powers of Common\:ealth and States arise excluded from jurisdiction in certain cases investiture of, with Federal jurisdiction investiture of, with Federal jurisdiction in Chamber matters pending in High Court pow ers of, on hearing of questions reserved in Federal criminal cases for Full Court of questions may be reserved in Federal criminal cases for Full Court of suits by a person against the Commonw ealth may be brought in suits bj^ a person against a State may be brought in See also State Courts. Taxes, venue in suits to recover Territories, District Registries may be established in . . Rules of Court may be made prescribing extent to which Act is to be applicable to Courts of Travelling expenses of Chief Justice and other Justices of the High Court Treaty, matters arising directly under, exclusive jurisdiction of High Court in Undertaking, effect of removal of cause on . . Venue in case of certain offences in proceedings on seizures made on the high seas in proceedings on seizures made within any State or part of the Commonwealth . . in suits to recover penalties and forfeitures in suits to recover taxes Witnesses, application of State laws relating to competency of, in Courts exercising Federal jurisdiction Writ of certiorari, power of High Court to issue Writs of mandamus, prohibition, ouster of office, and habeas corpus, powers of High Court to direct issue of . . Page. 64 741 65 65, 66 741 741 38 57 59 735 740 740 62 63 64 741 741 741 65 67 39, 68 741 741 735, 741 39 {d), 68 (3) 68 735, 742 741 20 728 35, 39 731, 735 21 37 728 734 40a 38, 38a 39 737 735 735 17 727 72-76 743-744 72, 76 56 58 743, 744 740 740 83 11 (3) 745 726 86 (sr) 746 47 738 38 44 70 84 735 738 743 746 84 82 83 746 745 745 79 43 745 737 33 731 Index to Acts. 1281 Jury Exemption Act 1905. Exemption of the following from liability to serve as jurors : — • The Governor-General. The Members of the Federal Executive Council. The Justices of the High Court and other Courts created by the Parliament. The Senators, and the Members of the House of Repre- sentatives. The Members of the Inter-State Commission. The Officers of the Public Service of the Commonwealth. The Members of the Permanent Naval and Military Forces of the Commonwealth. Kalgoorlie to Port Augusta Railway Act 1911 Act, short title of . . Books of reference need not be deposited Buildings incidental to Railway, erection of . . By-laws, power to make to be deemed regulations within meaning of Acts Inter pretation Act 1904 Consolidated Revenue Fund, receipts from Railway to form part of Construction, cost of, how payable Crown lands necessary for Railway, conveyance of, by States Engines used in construction and working of Railway . . Fares to be charged on Railway Fencing of Railway not compulsory Gauge of Railway defined . . . . Land, acquisition of, for purposes of Railway " Minister, the," definition of Moneys received to be paid into Consolidated Revenue Fund Officers, appointment of . . Parliament, fares and rates fixed to be laid before Powers, special, of Minister m South Australia . . Western Australia Railway, connexion of, with State railways construction of, authorized cost of construction of, how payable definition of engines used in construction and working of fares and rates on gauge of incidental buildings and works for may be used before being declared open for traffic need not be fenced officers of, appointment of provision for matters incidental to construction and working of receipts from, to form part of ConsoUdated Revenue Fund rolling-stock of State railways may be permitted on . route of . . Rolling-stock of Commonwealth, arrangement with States for running, upon State railways State railways may be permitted on the Railway Route of Railway defined . . South Australia, grantmg by, of Crown lands necessary for Railway powers, special, of Minister in " . . State railways, rolling-stock of, may be permitted on the Railway States, arrangement with, for connexion of Railway with State railways Western Australia, consent by, to construction of Railway granting by, of Crown lands necessary for Railway powers, special, of Minister in 1 18 9 12 12 17 20 3(2) 7 15 6 5 3 (2), 19 2 17 16 15(2) 10 11 14 3 20 2 7 15 5 9 13 6 16 17 8 4 14 8 4 3(2) 10 14 3(1) 3(2) 11 762 946 948 947 948 948 948 949 947 947 948 947 947 947, 949 946 948 948 948 947 947 948 946 949 946 947 948 947 947 948 947 948 947 948 947 947 948 947 947 947 947 947 948 946 947 947 1L^8'.' Index to Acts. Kalgoorlie to Port Augusta Railway Survey Act 1907. Appropriation of moneys for survey of rnuto .. .. .. Power to miiko survey of route fur railway from Kalgoorlie to Port Augusta Land Tax Act 1910. Act, incorporation witli, of Lajid Tax Assessment Act 1910 short title of . . Land tax, imposition of rate of, w here owner not an absentee rate of, where owner is an absentee year for which, to be levied Land Tax Assessment Act 1910-1911. Absentee, any joint owner who is an, to be separately assessed as such beneficiary who is an, to be assessed as such company not deemed to be definition of joint owner in respect of joint assessment, not deemed shareholder who is an, to be separately assessed as such taxable value in case of trustee not deemed to be . . Access by Commissioner to land, buildings, documents, &c. Acquisition of land by Commonwealth in cases of under-valuation Act, administration of Parts of short title of Additional tax in case of default in payment Commissioner may remit Administrator, liability of agent who is an of deceased taxpayer liable in certain cases Agent, definition of liability of Agreements to evade tax void Aiding and abetting offences Annuity, land charged with, deduction in certain cases of Appeal, costs of . . pendency of, not to afifect assessment powers of Court on hearing of to Court against Commissioner's assessment to High Court from order of Supreme or other Court Assessment, alterations in and additions to alterations in, in certain cases in case of default or unsatisfactory return notice of, to be given to taxpayer production of, conclusive evidence in certain cases to be made from returns, valuations, or other infer mation validity of, not affected by non-compliance with Act omission to give notice . Associations, certain, exemptions in cases of . . Assurance societies, not liable to assessment or taxation except in certain cases Beneficiary who is an absentee to be separately assessed as such Board for release of taxpayers from liability in cases of hardship Building societies, certain lands of, exempt from taxation Burden of proof in under-valuation of land Section. Page. 2 1 3 (1) (2) 5 38(5) 33(2) 39(4) 3 38(5) 39(4) 11 33(2) 64 48 4 2 1 50 50 62 (c) 53 3 62 63 73 34 46(2) 45 46 44(1) ,3) 46(4) 20 21 19 24 23 18 22 24(2) 13 (J7) 41 33(2) 66 13(d) 69(2) 945 945 763 763 763 763 763 763 777 775 779 765 777 779 768 775 787 781 767 765 765 782 782 786 783 765 786 787 789 775 781 780 780 780 781 771 771 771 772 772 770 771 772 769 779 775 788 769 789 Index to Acts. 1283 Land Tax Assessment Act 1910-1911— continued. Burial grounds, public, lands used as sites for, exempt from taxation Buyer of land, when deemed owner Cemeteries, public, lands used as sites for, exempt from taxation Charge on land, land tax to be a first registration of, by State officers Charitable institution, certain lands of, exempt from taxation . . Clergy, certain lands used for residence of, exempt from taxation Clubs, certain, exemptions in cases of Commissioner, application by, to High Court in cases of under- valuation , . appointment of delegations by deputies of, appointment and duties of may cause valuations of land to be made may exempt seller from liability in certain cases. , may make alterations in or additions to assessments may make assessment in case of default, &c. may require i^ersons to give evidence and produce documents may remit additional tax may require persons to furnish returns .j. may use State valuations suspension or removal of tenure of office and salary of . . The, definition of to furnish annual report on working of Act to furnish annu;il report of cases in which additional tftx remitted to give taxpayer notice of his assessment to have access to land, buildings, documents, &c. . . to have general administration of Act . . to make assessments .. Commonwealth, acquisition by, in case of under- valuation Companies having substantially the same shareholders land owned by, deemed to be owned by shareholders . . Company, definition of . . failing to appoint public officer, penalty upon included in term person . . to appoint a public officer Contracts to evade tax void Copies of returns or assessments to be evidence County Court, appeal to, against Commissioner's assessment Courts, certain, excluded from jurisdiction to entertain appeal against assessments . . Crown lessees exempt from assessment or taxation purchaser from, on conditions deemed owner in certain case^ Deductions to prevent double taxation, amount of, how computed cases of Definitions Delegations by Commissioner to deputies Deputy Commissioner, appointment and duties of delegations !iy Commissioner to Disposition of land not effective where possession retained District Court, appeal to, against Commissioner's assessment Documents, production of, to be evidence Educational institutions, certain lands of, exempt from taxation Equitable owner, liability of 13 (^) 37 13 (^) 56(1) 56(2) 13 (e),13 (g) 13(?) 13(g) 48 4 8 7 17(1) 37(1) 20, 21 19 65 50 15(2) 17(2) 6 5 3 9 50 24 64 4 18 48 40 39 3 61(c) 3 61 63 23 44(1) & (3) i 44 (3) 29 26 '.3, 43a ,'2, 35, 37 (3), 38 (4), 3i) (2) 3 'A 7 8 42 44 23 13 (e), 13 (y) 35 780 774 773 780 774, 77(; 111, 111, 779 765 768 768 768 779 780 772 769, 769 776 rj84 Index to Acts. Land Tax Assessment Act 1910 1911— continued. Evasion of tax, contracts for, void . • wilful, I)eiialty for. . Evidence, ncjjlcctini^ to attend and xivo obtiuning of, by ComniiBsioner of assessments or returns . . Executor, liability of agent who is an of deceased taxpayer liable in certain cases Exemptions from taxation . . limitation of . . Fire brigade stations, lands used as sites for, exempt from taxation Forfeiture of land, action where Court has imposed in Ciise ot willul ovMsion . . undervalued with intent to defraud Freehold, ownior of. See Owner of freehold estate. Friendly societies, lands of, exempt from taxation Gardens, public, lands used as sites for, exempt from taxation . High Court, aii[>e:d to, against Commissioner's assessment appeal to, from order of Supreme or other Court declaration by, that Commonwealth is entitled to acquire land undervalued stating case for opinion of, on question of law Improved value, definition of . . Improvements, value of, definition of Inferior Court not to have jurisdiction unless Judge authorized by Governor -General Institutes, lands used as sites for, exempt from taxation Joint owners, definition of liability of . . Land, acquisition of, by Commonwealth, in case of under- valuation forfeiture of. See Forfeiture of land. Land Tax, absentee. See Absentee. additional, in case of default. additional, remission of, in certain cases contracts to evade, void . . contributions from taxpayers jointly liable for date of determination of owiiersliip for purposes of . definition of . . levied on unimproved value liability to pay, may be released in cases of hardship paid on behalf of another, recovery of, by payer payable by ownier on taxable value payment of, by executors or administrators of deceased taxpaj'er who has escaped payment payment of, by other persons where taxpayer makes default payment of deficiency of . . rates of recovery of refund of excess of to be a first charge on land when payable . . Lands Acquisition Ac' 1906, application of, to land acquired by Commonwealth on account of under- valuation . , Lease from Crown exempt from assessment or taxation perpetual without revaluation not exempt from assessment or taxation unimproved value of, meaning of with right of purchase not exempt from assessment or taxation . . Leasehold, owners of. See Lessee. Lessee, covenant by, to pay tax, effect of from Crown exempt from assessment or taxation 63 70 68(6) 65 23 62(c) 53 13,41 14 13 (sr) 71 70 69 13(c) 13(?) 44 46(4) 48 46(3) 3 3 44(3) 13(?) 3 38 48 60 50 63 58 12 3 10 66 57 11 (1) 53 55 59 10(2) 51-59 60 56 49 48 (/) 29 29 28 (3) 29 30 29 Page. 787 789 788 787 772 786 783 7()9. 779 770 769 789 789 789 769 7<)9 780 781 781 781 765 766 780 769 766 777 781 782 782 787 785 768 765 768 788 784 768 783 784 785 768 783-785 785 784 782 781 774 774 773 774 774 774 Index to Acts. 1285 Land Tax Assessment Act 1910-1911— Section. Page. continued. Lessee of land leased after commencement oi Act, liability of 27 773 of land leased before commencement of Act, liability of 28 773 payment of land tax by, in certain cases 55 (a) 784 Lessors of land leased before commencement of Act 28 773 Libraries. See Public Libraries. Limitations, statute of, not to affect proceedings for recovery of tax 54 783 Local authorities, lands of, exempt from taxation 13(a) 769 Married women, liability of, in respect of separate estate 36 776 Mortgage, deduction not allowed in respect of 31 774 definition of . . 3 765 Mortgagee not liable to land tax, except in certain cases 32 774 Mortgagor deemed primary taxpayer in certain cases . . 32 774 liable as if owner of unencumbered estate . . 31 774 Municipal authorities, lands of, exempt from taxation 13 (a) 769 Museums, lands use .1 as sites for, exempt from taxation 13 (?) 769 Mutual Life Assurance Societies not liable to assessment or taxation ex 'cpt in certain cases 41 779 Oaths, Commissioner may administer 65 (2) 787 Obstructing officers, penalty for 67 788 Occupier, payment of land tax by, in certain cases 55 (a) 784 Offences, aiding and abetting 73 789 Offences indictable — undervaluing, and with intent to defraud 69 789 wilfully evading taxation 70 789 Offences, other — company failing to appoint public officer 61 (c) 785 failing to furnish returns 68 (a) 788 making false returns or answers 68 (c) 788 neglecting to give evidence, 7 .557 534 557 .540 536 534 535 536 535 536 538 538 538 543 545 548 550 534 549 547 552. 554 560 .553 540 551, 552 535 551 .536, 546 549 550 563 557 541 539 539 538 539 561 536 537 537 552, 553 841 841 841 Index to Acts. 1323 Post and Telegraph Act 1901-1910. Act, administration of. vested in Postmaster- General commencement of short title of . . Acts, State, cease to apply . . Actions for recovery of postage, evidence in . . evidence that article is in course of being sent by post against officers protection against . . See also Proceedings, legal Addresses to Governor- General or State Governor sent free of charge Aiders and abettors Appeal against removal of newspaper from register, &c. as to destruction of obscene letters, &c. Appropriation of fees, penalties, &c. . . Arbitration, differences between Postmaster-General and local authorities difference as to compensation on resumption of private telegraph lines differences between Postmaster-General and electric authorities State law to apply to . . Arrest of certain offenders . . Articles, what deemed letters postal. See Postal article. Authority, electric. See Telegraph line — protection. Ballot-papers, postage need not be prepaid Baptisms, returns of, postage need not be prepaid Betting, postal articles and money orders in connexion ^nth Births, returns of, postage need not be prepaid Blasphemous matter in postal articles. See Postal article. telegram, transmission may be refused Breach of duty, penalty Breaking or damaging telegraph posts, &c. British mails, arrangements for Construct, definition of Contractors not entitled to protection as officers Contracts, mail white labour condition telegraph lines, construction M'ages in, regulations Crown, not liable to actions in relation to postal articles, telegrams money orders, or postal notes . . Customs Act, definition of . . duty, articles liable to, how dealt with Dangerous articles, penalty for sending by post Dead letters. See Pq^tal article — unclaimed. Deaths, returns of, postage need not be prepaid Deceased persons, articles addressed to, how dealt with Declaration as to missing letters, &c., containing valuables by officers as to their duties by officers nominated to open letters by master of vessel as to mails Delivery of postal articles. See Postal article. Department, control by Postmaster-General control of postal and telegraphic services by definition of . . official correspondence carried free power to take possession of property of Deputy Postmaster-General in each State may depute officer to appear for him legal proceedings Destruction of certain articles. See Postal article — destruction. records Dies, forging, &c. 27 25 57, 58 25 96 108 133 14 3 157 (2) 15 16 82(1) 97 (5) 158, 159 3 41 107- 25 56 39 9 49 68 5 4 3 32 (2) 137 7 153 64 99 852 852 860 852 869 876 881 849 846 887 850 850 866 869 888 846 856 875 852 860 855 849 858 862 848 848 846 854 881 848 887 861 872 ia:.'4 Index to Acts. Post and Telegraph Act ldOl-1910— continued. Documents, destruction of records Dutiable enclosure Elections, duties of postmasters under State Acts postage need not be prepaid on electoral papers voting by post, regulations may be made as to Electric authority, definition of See also Telegraph line — protection. Electric line, definition of . . lines or works. See Telegraph line — protection. Electricity, definition of Enclosures contrary to Act forfeited . . Envelopes, imitations of official Evidence . . Examination of newspapers and packets See also Postal article. Explosives, penalty for sending by post Facilities, additional postal, &c., contributions towards expense of Father may be ordered to pay for injury caused by his son to posts, wires, &c. Fees, penalties, &c., appropriation of Filthy substances, penalty for sending by post Foreign mails, arrangements for postal articles. See Postal article. Forging dies for stamps, &c. Fortune telling, postal articles and money orders in connexion with Fraudulent business, articles and money orders in connexion with Gambling, postal articles and money orders in connexion with . . Gazette, proof of regulations . . General Post Office, definition of Governor- General, petitions and addresses to, sent free of charge Governor of State, petitions and addresses to, sent free of charge Hotels, letters, &c., unclaimed at . . penalty for not returning Immoral business, postal articles and money orders in connexion \^dth Indecent or obscene articles not transmitted and may be destroyed See also Postal article, business, postal articles and money orders in connexion with matter, definition of newspapers. See Newspaper, prints, &c., penalty for sending by post telegram, transmission may be refused Injurious substances, penalty for sending by post putting into post offices, letter boxes, &c. Insolvent, postal articles addressed to, delivered to assignee if ordered Legal proceedings. See Proceedings, legal. Letter, conveyance for reward othermse than by post, prohibited definition of delivered, if necessary, prior to delivery of packets, &c< only to addressee, except in certain cases in packets, &c. missing, containing valuables, procedure opening of. See Postal article, registration. See Registration of postal articles, returned to sender if so indorsed sender cannot obtain return except in certain cases unclaimed. See Postal article — unclaimed. See also Mails : Postage : Postal article. Letter boxes or pillars, committing nuisance against .. 64 41 26 27 97 (p) 3 861 856 852 852 869 846 846 3 846 40 (6) 856 51, 52 858, 859 102 874 62, 63, 97, 861, 869 98, 103 (2) 871, 875 42 856 107 875 19 851 133 881 65 862 107 875 14 849 99 872 57, 58 860 57, 58 860 57, 58 860 97 869 3 846 24 852 24 852 47 857 47(2) 857 57, 58 860 43, 44 856, 857 57, 58 860 3 846 107 875 96 869 107, 121 875, 878 121 878 55 859 98 871 11 849 61 861 54 859 105 875 39 855 46(2) 857 64 859 121 878 Index to Acts. 1326 Section. Page. Post and Telegraph Act 1901-1910 — continued. Letter boxes or pillars, erection of 37 855 falsely using term " letter box " 117 877 placarding, &c. 139 882 putting injurious substances in . . 121 878 tampering with 120 878 Letter cards. See Postal article. Libellous matter on postal article. See Postal article. Licences to sell stamps, regulations . . 97 (?) 869 unlicensed sale of stamps 122 879 Lists, telephone, penalty for publishing unauthorized . . 117a 878 Lodging-houses, letters, &c., unclaimed at 47 8.->7 Lotteries, postal articles and money orders in connexion \\ ith . . 57, 58 860 Mail, definition of . . 3 846 Mails, British, arrangements for 14 849 contracts 15 850 white labour in 16 850 driver or guard loitering or drunk 110 876 foreign, arragements for 14 849 fraudulently opening . . 116 877 obstructing conveyance or delivery of . . 118 878 railways to carry 17 850 payment for carriage of 18 850 " Royal Mail," falsely using term 117 877 ships. See Sliips. tampering with 115 877 A\ilfully delaying or detaining, penalty . . 109 876 Marriages, returns of, postage need not be prepaid , . 25 852 Master of a vessel, definition of 3 846 See also Ships. Money, postage paid by, in certain cases 33, 34 854 order, actions relating to, protection against 159 888 commission or poundage on 75 864 appropriation of 65 862 deemed valuable security 78 865 definition of . . 3 846 fraudulently issuing 123 879 sending messages as to 126 879 issue and payment of — in British and foreign countries 74(1) 864 in connexion mth gambling, indecent business. &c., prohibited in certain cases 58 860 within the Commonwealth 74(2) 864 maximum amount of . . 75 864 refund of amount 77 864 regulations 97(4) 869 stamp duty not payable on 79 865 Moulds for stamp or postal-note paper, unlawfully making or having 100 873 Negligence, penalty 109 876 Newspaper, definition of . . 28(1) 853 enclosures in, contrary to Act, forfeited 52 859 examination of 42 (1) 856 fraudulently sending 106 875 indecent, destruction of . . ?9 (4^ 44 854, 85 removal from register 29(1 853 transmission may be refused 29 (3), 44 853. 85 irregularly posted, deemed packet . . 29 (6) 854 opening. See Postal article — opening. registering when posting. See Registration of postal articles. registration of . . 29 853 removal of, from register . . 29(1) 853 appeal against 29 (5) 854 restoration of, to register . . 29(5) 854 sender cannot obtain return, except in certain cases 54 859 132G Index to Acts. Post and Telegraph Act 1901-1910 — continued. Newspaper, supjilemcnt, definition of . . unclaimed, regulations See .also Postal article. Newspaper box, putting injurious substance in, or committing nuisance against . . tampering with Obscene. See Indecent. Offences, admitted, certain, dealt with by Postmaster-General aiding and abetting not indictable, punishable on summary conviction See also Proceedings, legal. Offensive substances, penalty for sending by post, &c. . . telegram, transmission may be refused Officer, deflnition of actions against protection to officers . . declaration as to duties in regard to opened letters may be deputed to appear for Deputy Postmaster- General in legal proceedings obstruction of personation of power to remove disorderly persons from office regulations resisting Official correspondence of Department carried free envelopes or paper, imitations of Opening postal articles. See Postal article. Packets, defined, &c., by order delivered to addressee only, except in certain cases examination of false statement as to contents indecent, transmission may be refused and contents de stroyed . . letters, &c., m missing, containing valuables, procedure opening of. See Postal article — opening, posted in contravention of Act registration of. See Registration of postal articles, returned to sender if so indorsed sender cannot obtain return except in certain cases unclaimed. See Postal article — unclaimed. See also Postal article. Parcels, defined, &c., by order false statements as to contents letters, &c., in indecent, transmission may be refused and parcel destroyed regulations See also Postal article. Penalties, appropriation of . . regulations may prescribe . . Petitions to Governor- General or State Governor carried free of charge Pillar-box, " post office " includes See also Letter-boxes. Pillars, letter. See Letter-boxes or pUlars. Pneumatic communication under streets Port, definition of . . Postage, actions for recovery of, evidence in , British, arrangements as to . . deficient . . definition of electoral matter, prepayment not necessary foreign, arrangements as to . . 28 (2) 97 (;•) 121 120 156 136 151 121 96 3 157 158, 159 9 49 153 119 134 119 (2) 97 (a) 138 32 (2) 112 12 54 42 105 44 105 39 40, 51 46 (2) 54 12 105 105 44 97 {d) 65 97(f) 24 3 89 3 62, 63 14 23 3 27 14 Page. 8.53 869 878 878 887 881 886 878 869 846 887 888 849 858 887 878 881 878 869 882 854 876 849 859 856 875 857 875 855 856, 858 857 859 849 875 875 857 869 862 869 852 846 868 846 861 849 852 846 852 849 Index to Acts. 1327 Post and Telegraph Act 1901-1910 — continued Postage, foreign letters delivered free except \\ hen otherwise pro vided free articles, petitions and addresses to Governor-Genera or State Governor prepaid telegram sent by post ofificial correspondence of Department opened postal articles payment by State Governor or other person instead sender, regidations prepayment by stamps except in certain cases money where stamps not available money in case of large quantities returned article, if not prepaid, sender to pay returns of births, &o., prepayment not necessary sailors' and soldiers' letters . . ship letters, &c. stamps. See Stamp — postage. Postal article, actions relating to, protection against address, without, or with illegible betting, articles in connexion w'iih blasphemous matter on destruction of article appeal as to transmission refused penalty . . British, arrangements as to dead letters. See Postal article — unclaimed, deceased persons, addressed to, how dealt ■\\'ith defaced stamps on definition of . . delaying delivery, what sufficient of letters before packets, &c., if necessary delaying to WTong person to addressee only, except in certain cases destruction of certain . . forbidden except as provided disputes as to whether article to be sent as new paper or packet settled by Postmaster-General dutiable enclosures enclosures contrary to Act examination of newspapers and packets . . foreign, arrangements as to delivered free, except when otherwise pro vided fortune- telling, articles in connexion with fraudulent business, articles in connexion with fraudulently obtaining fraudulently sending free articles. See Postage. gambling, articles in connexion M'ith inconvenient form, transmission may be refused indecent or immoral business, articles in connexion with matter on . . destruction of article appeal as to transmission refused . . penalty prints, &c. injurious to mails, transmission may be refused substances, penalty Section. Page. 20 24 32 (2) 32 (2) 50, 53 97(g) 32 33 34 50, 53 25 21 23 158 41 57, 58 40 (d) 43 43 44 107 (c) 14 56 40 (a) 3 109 60 61 109 113 54 43, 44, 50, 51, 52 54 42 (2) 41 40 (b) 42 14 20 57, 58 57 112 104 57,58 59 57, 58 40 (d) 43 43 44 107 (c) 107 (6) 59 107 (a), 121 851 852 854 8.14 858, 859 869 854 854 854 8.-)8. 859 852 851 852 888 856 860 856 856 856 857 875 849 860 856 846 876 861 861 876 876 859 856-7-8 858, 859 859 856 856 856 849 851 860 860 876 875 860 860 8G0 8.56 856 856 857 875 875 800 875, 878 1328 Index to Acts. Section. Post and Telegraph Act 1901-1910 — continued Postal .irtiile, insolvent's, delivered to assignee, if ordered letters. See Letter, libellous matter on destruction of article . . appeal as to transmission refused . . penalt}^ loss of, penalty for negligent lotteries, articles in connexion with mails. See MaDs. missing, if containing valuables, procedure newspapers. See Newspaper, offensive substances opening, pow er of how opened . . fraudulently . . opened, disposal of, in certain cases returned to sender in certain cases postage on opened articles valuables in, how dealt Mith newspapers, how dealt with overweight, transmission may be refused packets. See Packets, parcels. See Parcels. posted in contravention of Act, what deemed how dealt mth destruction of, in certain cases returned to sender in certain cases forfeiture of tents . . re- addressing . . refused by addressee, how dealt \.ith registration of. See Registratioii of postal articles, regulations return to sender not allowed except in certain cases secreting, &c. . . ships. See Ships, stamps. See Stamp, stealing, &c. . . sweeps, &c., articles in connexion with . . unclaimed, returned from other countries sent to General Post OfiSce returned to sender if so indorsed at hotels, &c. opening of. See Postal article — openin: penalty for not returning unlawful games, articles in connexion w ith Postal facilities, additional, contributions for expense of Postal note, actions relating to, protection against commission or poundage . . commission or poundage, appropriation of currency deemed valuable security, and, if unissued, publ: moneys definition of . . fraudulently issuing issue and payment of, arrangements as to^ in British and foreign countries within the Commonwealth maximum amount of . . ]iaper or moulds for, unlawfully making or having 55 40 id) 43 43 44 107 (c) 109 57, 58 39 121 48 49 116 48 50 50, 53 51 52 59 40 41, 48 51, 52 51, 52 51, 62 22 41 97 (a) (c) (e) {i) (g) 64 111, 114(5) 114 57, 68 45 46 46(2) 47 47(2) 57, 58 19 159 75 65 76 78 3 123 74(2) 74(2) 76 100, 101 Page. 859 856 8.56 856 857 875 876 860 855 878 858 858 877 858 858 858, 859 858 859 860 856 856, 858 858, 859 858, 859 858, 869 861 866 869 859 876, 877 877 860 857 857 857 857^ 857 860 851 888 864 862 864 865 846 879 864 864 864 873, 874 Index to Acts. 1:529 Section. Page. Post and Telegraph Act 1901-1910 — continued. - Postal note, regulations 97 (i) 869 re-issuing 135 881 stamp duty not paj'able on 79 S65 Postcards, reply, stamp not required for reply half of . . 32(1) 854 See also Postal article. Postmaster, definition of . . 3 846 elections, duties under State Acts 26 852 regulations 97(a) 869 stamps to be kept and sold by . . 31 854 Postmaster-General, actions against . . 157 887 protection from 158, 159 888 administration of Act and control of Depart- ment by 5 848 definition of 3 846 delegation of powers 8 849 Deputy. See Deputy Postmaster-General. disputes as to whether article to be sent as newspaper or packet, power to settle 42(2) 856 exclusive privilege of erecting telegraph lines. and transmitting telegrams 80 865 how described in informations 152 (2) 887 offences, if admitted, may be dealt M'ith by, in certain cases . . 156 8b7 officer may be deputed to represent, in Court 153 887 secretary to 6 848 telegraph lines vested in . . 94 868 Post Office, committing nuisance in or against 121 878 definition of . . 3 846 disorderly conduct in . . 119 878 falsely using term on building, &c. 117 877 injurious substances, &c., putting in 121 878 obstructing business in . . 119 878 placarding, &c. . . 139 882 possession taken of, by person on behalf of the Department . . 137 881 regulations 97 (a) 869 stamp as evidence 62 (6) (c) 861 Prescribed, definition- of 3 846 Private letter-boxes and bags, regulations 97(/) 869 telegraph or telephone line. See Telegraph line. Proceedings, legal, offences not indictable punishable on summary conviction 151 886 property may be laid in Postmaster- General . . 152 886 officer may be deputed to appear for Post- master-General or Deputy Postmaster- General 153 887 See also Actions. Railways to carry mails 17 850 payment for 18 850 telegraph lines. See Telegraph lines. Re-addressing postal articles 22 851 Records, &c., destruction of 64 861 Registration of postal articles 38 855 acknowledgment of receipt of registered article 38 (2) 855 postmaster may register if valuable enclosure sus- pected 38 (3) 855 regulations 5>7(e) 869 unregistered letter, &c., containing valuables, pro- cedure if missing 39 855 See also Newspaper. Regulations, definition of . . 3 846 power to make 97 869 extent of 97 869 " Royal Mail," falsely using terra 117 877 I'SdO Index to Acts. Section. Page. Post and Telegraph Act 1901-1910 — continued. Sailora on naval service, jwstage on li-tters 21 851 Secretary to Postmaster-General () H48 Sontler of article, wlio deemed 62 861 See also Postal article. Ships, arrival, notice of approach to be given . . 73 864 declaration by master as to mails 68 862 delivery of mails on arrival 67 862 penalty for neglect 67 (2) 862 departure to be notified 71 863 postponement to be notified . . 71(2) 863 refund of payment for mails 72 864 lockers for mails to be provided 66 862 mails to be taken by 69 863 payment for carriage 70 863 refund if departure postponed 72 864 regulations 97 (b) 869 postage on letters received from 23 852 Soldiers' letters, postage on . . 21 851 Stamp, official, imitation of . . 102 874 postage, affixing 35 855 ap]iropriation of moneys from sale of . . 65 862 definition of 3 846 forging dies and stamps 99 872 licence for sale of, regulations 97 (!7) 869 making and selling . . 30 854 moulds for making paper, unlawfully using or having 100 873 obliterated, on letter 40 (a) 856 fraudulent use of 103(1) 874 evidence 103 (2) 875 obliterating, regulations prescribing mode of 97 (h) 869 paper, unlawfully making or having 100, 101 873,' 874 payment of postage to be by, except in certain cases 32 854 perforation of 36 855 postmasters to keep and sell . . 31 854 removal, fraudulent, of stamps or marks 103 (1) 874 sale of . . . . . . . . . . 30 854 unlicensed sale of . . 122 879 See also Postage. State Acts, cease to apply . . 2 846 powers conferred on postmasters as to elections 26 852 Supplement to newspaper, definition of 28 (2) 853 Sweeps, postal articles and money orders in connexion with 57, 58 860 Telegram, actions as to, protection against 158 888 definition of 3 846 destruction of records 64 861 falsely sending, signing, or delivering 125 879 forging, &c. 124 879 fraudulently opening 116 877 posted, is postal article 3 846 sent free of postage 32 (2) 854 refusal to transmit if blasphemous, indecent, &c. 96 869 regulations 97(a) 869 secrecy, violation of 127 879 stealing, &c. 114 877 transmission, order of 95 869 right of Postmaster-General 80 865 unclaimed at hotels, &c. . . 47 857 See also Telegraph line. Telegraph, definition of 3 846 line, buildings, wires may be affixed to 86 867 charges, recovery of . . 93 868 unauthorized 129 880 Index to Acts. 133] Post and Telegraph Act 190i-idl0— continued. Telegraph line, coiuix-iisation fur damages •;.•;. ■^^^'^^ * resumption of private Ime construction or repair of, payment for use of wharf, &c. contracts definition of ■ ■ • • V n ' \ erection, exclusive privilege of Postmaster-Orcneral unauthorized fences and gates injuries to, or obstruction of . . attempted arrest of offender to posts, &c., through negligence lands, power to enter, &c. works, &c., on • • • • •. • local authority to pay for removal m certam cases . . • • • • . : ■ . obstruction of. See Telegraph hne— m]uries. private crossing roads, &c. resumption for default with consent of Parliament . . protection from injurious affection by electric line or works — alteration of telegraph lines in conse- quence of works, provisions as to . . differences settled by arbitration expenses to be paid in case of destruc- tion or injury of line, &c. injurious affection of lines forbidden . . definition of liability not affected by action of Post- master-General . . notice of work to be given . . notices, provisions as to • • • • obstruction to repair of telegraph line, &c. penalty for injury, &c. regulations • • • • . •; responsibility of electric authority limi- ted restriction on use of works . . unlawful use. &c., of works . . railway lands, Department's Imes on, powers m re- gard to right of Government railway "authorities to erect lines, &c. . . right of owner of railway or tram- way to erect lines, &c. regulations . . rent and charges, recovery of . . rights as to, of Postmaster-General rolids, height of lines crossing lines under subject to Act and regulations trees obstructing may be removed or lopped unauthorized erection or use of charges vested in Postmaster-General . . Telegraph office, definition of obstructing bushiess m placarding, &c. regulations Page. 90 92 868 868 13 819 82 866 3 846 80 865 128 880 88 867 130 880 131 880 132 881 133 881 84 866 85 866 85(2) 866 80, 81 865, 866 83 866 91 868 92 . 868 144 883 154, 155 887 145 884 140 882 141 882 149 886 143 882 150 886 146 885 145 884 97 (0) 869 142 882 147 885 148 885 94(1) 80 (a) 868 865 80 (6) 865 97 (m) (n) 869 {0) 93 868 80 865 85 866 89 868 82 (2) 866 87 867 128 880 129 880 94 868 3 846 119 878 139 882 97(«) 869 1332 Index to Acts. Section. Page. Post and Telegraph Act 1901-1910— continued. Telegraph office, taken possesHion of, on Ix'lialf of Dopart- inont . . . . . . 137 881 oflicers, regulations . . *. . . . 97(a) 869 poles, placaniini;, &c. 139 882 Telegraphic includes teleplionic 3 846 Telephone lino, jmvate . . 80, 81 865, 866 private, resumption for default 91 868 with consent of Parliament . . 92 868 lists, penalty for publishing unauthorized 117a 878 regulations 97 (m) (71) (o) 869 See also Telegraph line. Telephonic included in " telegraphic " 3 846 Toll, officers, &c., free from 13 849 compensation to be paid in certain cases 13 849 Tramways to carry mails 17 850 payment for carriage 18 850 Unclaimed letters, &c. See Postal article. Unlawful game, postal articles and money orders in connexion with . . 57, 58 860 Unregistered letter. See Registration of postal articles. Valuables. See Registration. Vessel, definition of 3 846 master of, definition of 3 846 See also Ships. Voting by post. See Elections. Wages in contracts, regulations 97(5) 869 Wharf, payment for use of . . 13 849 White labour in mail contracts 16 850 Works, definition of 3 846 Post and Telegraph Rates Act 1902-1911. Act, short title of . . 1 890 commencement of 2 890 incorporation of 3 890 Books, rates for. See Postal articles. Braille and Moon postal articles, exemption from rates 8 890 Catalogues, rates for. See Postal articles. Commercial papers, rates for. See Postal articles. Government correspondence subject to ordinary rates . . 5 890 Hansard, rates for. See Postal articles. Letters, rates for. See Postal articles. Letter-cards, rates for. See Postal articles. Magazines, rates for. See Postal articles. Meteorological telegrams may be exempted from rates 5 890 Newspapers, rates for 6(1) 890 Post-cards, rates for. See Postal articles. Postal articles, other than newspapers and telegrams, rates for .. 6(2) 890 Printed papers, rates for. See Postal articles. Rate, definition of . . 4 890 Rates, newspapers . . 6(1) 890 other postal articles than newspapers and telegrams 6(2) 890 telegrams within Commonwealth 7 890 limits for town and suburban . . 9 890 porterage 9 890 Regulations, exemption of meteorological telegrams 5 890 Braille and Moon postal articles 8 890 limits for town and suburban rates 9 890 porterage charges for telegrams . . 9 890 Telegrams, rates for transmission within Commonwealth 7 890 Index to Acts. 1333 Public Service Act (Commonwealth) 1902-1911. Abolition of office, power of Absence, lep.ve of. See Leave of absence. of officer, provision as to performance of duties unauthorized, deduction from salary Act, application docs not extend to certain officers, &c. breach of, an offence breaches and evasions of, to be reported by Commissio?ier . . commencement parts regulations as to times for doing things requii-ed by short title Action not to be brought against Commissioner or inspector Address, unknown, of officer, provision as to service of notices, &c. Administrative division. See Division. Age. See Appointments. Allowances, regulations as to other than prescribed Appeals by officers in certain cases Appointments, age of appointees, clerical division general division message boys regulations . . State officers candidates for, to be natural- born or naturalized subjects (unless exempted), and pass examination clerical division of officers in general division to clerical division . . declined by leave of Commissioner gazettal of . . life assurance. See Life asaura.nce. probation, new appointments to be on . . may be dispensed with in special cases may be dispensed with in case of State officers . . may be dispensed with in case of retired officers re-appointed regulations restriction on, where officers in excess retired officers re-appointed special, without examination, probation, or life assurance . . State officers eligible for See also Promotions. Appropriation, salary not to exceed . . application of money where vacancy occurs Assurance. See Life assurance. Attendance of officers, regulations Auditor- General, Act does not apply to Board of appeal, constitution and functions of Board of inquiry, for charges against administrative officer, appointed by Commissioner for charges against officers (except administra- tive) constitution of board counsel for officers charged documents, copy of, to be supplied to officer charged evidence before expenses of officer where charge not proved . . incapacity or unfitness of officer inspectors, charges against, investigated by board appointed by Governor-General private hearing of cases if board so directs . . C.11128. -VOL. II. T Section. 41 Page. 911 .59 917 08 (.3) 919 3 898 40 (I) 913 11 902 1 897 4 898 80 (o) 923 1 897 r, (5) 899 77 921 SO(g) 923 78(3) 922 50 915 32 (1) 908 32 (2) 908 32 (2) 908 80 (I) 923 33 908 26 906 21 905 23(4) 906 45(1) 912 76 921 30(1) 907 31 907 33 908 34 (1) 909 80 (p) 923 8(4) 901 34 909 31 907 33 908 78(1) 922 78(2) 922 80 (i) 923 3 898 50 915 47(1) 914 46(4) 913 46(4) 913 48(1) 915 49 915 48(2) 915 49 915 65 918 47(2) 914 49 915 :v.\4 Index to Acts. Section. Public Service Act (Commonwealth) 1902 1911— continued. J?Oivrd of inquiry, rcjjort to chief officer ri'Hulations witnesses, power to summon and swear See also Offonees. Breach of Act or regulations an offence Charges against officers. See Board of inquiry : Offences. Chief officer, absence of, chief clerk may be appointed to perform duties definition of . . duties of permanent head may exercise powers of . . Classification of officers, report by inspectors . . recommendation by Commissioner dealt with by Governor- General if not approved fresh re- commendation made reasons for not approv- ing to be laid before Parliament record of, to be kept . . gazetted and laid before Parliament yearly alteration of, if duties materially changed regulations . . Clerical division. See Division. Commissioner, absence without leave vacates office actions not to be brought against appointment of changes proposed by, in staff and working of departments classification of officers recommended by costs not payable in respect of proceedings before deputy in case of illness, &c. duties incapacity, permanent, vacates office insolvency, vacates office inspectors' duties may be assigned by powers may be exercised by paid employment outside official duties vacates office re-arrangement of work, &c., in departments removal from office report on public service, &c Parliament . . report on matters required Governor-General resignation restoration to office rights of, if appointed from public service of the Commonwealth or a State salary suspension term of office vacation of office witnesses, power to summon and swear Commonwealth and State officers — State officer not disqualified from executing duties of Com- monwealth office arrangements for State officer executing duties of Common- wealth office . . arrangements as to duties performed by Commonwealth officer for a State Page. , for presentation to to be dealt with by 46 (4) 80 (e) 10 46(1) 13(3) 2 (b), 13 (1) 13(2) 13(4) 8(1) 8 (2), 9(1) 8(2) 8 (3), 9(1) (3), 9(1) 9(1) 9(3) 41 80(a) 7(c) 5(5) 5 • (2), 9 5(5) 5(4) 5 7 (c) 7(6) 5(1) 5(7) 7(a) 8(2) 6 11 5 (1) 7 (d) 6(3) 5 (3) 5(6) 6 5 (_2) 7 10 35 36 37 913 923 902 913 903 897, 902 903 903 900 900, 901 900 901 901 901 901 911 923 900 899 898 900 900, 901 899 899 898 900 900 898 899 900 900 899 902 898 900 899 899 899 899 899 900 902 909 909 909 Index to Acts. 1335 Section. Page. Public Service Act (Commonwealth) 1902-1911— continued. Commonwealth and State officers — continued. arriuiifomeuts for perfonuance by Commonwealth of work for a State 38 910 arrangements as to respective shares in pensions, &c. 39 910 Commonwealth officer not to hold State office without permission 79 922 Company, officers may be shareholders in 79 (2) 922 Compensation, provision as to when retired officer re-appointed . . 34(2) 909 See also Pensions. Corporation, public, officer not to hold office under 79 922 Costs not payable in respect of proceeding before Commissioner or inspector . . 5(5) 899 Counsel before boards of inquiry 48(1) 915 Defence Forces. Act does not apply to 3 898 Department, definition of . . 2 (c) ,S97 inspection of, by inspector 8(1) 900 changes in staff or work on report by inspector 8 900 Dependants, payment of salary to, on death of officer . . 71 920 Dismissal, removal of commissioner or inspector 6 899 officer of administrative division 47 914 officer other than of administrative division . . 46 913 in case of fraudulent, &c., insolvency 66 (2) 918 Disobedience, an offence 46 (1) 913 Division, Administrative 15 904 definition of 16(1) 904 salaries to be as provided in Appropriation Act 17 904 State officers may be appointed to 33 908 Clerical . . 15 904 appointments to . . 21 (1) 905 appointments to, of officers in general division 23(4) 906 classes and sub-divisions 19 904 definition of 16(3) 904 report by permanent head . . 21 (4) 905 salaries as assigned in Third Schedule 19 904 salaries in case of new appointments . . 21 905 salary of officers 21 years of age 21 (3) 905 General . . 15 904 appointment of officers of, to clerical divi- sion 23 (4) 906 definition of 16 (4) 904 salaries to be as prescribed 18 904 salary of officers 21 years of age with three years' service 25 906 Professional 15 904 definition of . . 16(2) 904 salaries to be as prescribed 18 904 examinations. See Examination. transfer or promotion from one division to another 41 {d) 911 transfer to general division of incapable officer in pro- fessional or clerical division 24 906 See also Appointments : Promotions : Salaries. Drunkenness an offence 46 (1) 913 Evidence, power of commissioner, inspector, or board of inquiry, to summon and swear witnesses 10 902 Examination, entrance examinations for the several divisions . . 28 907 for appointment of officers from general to clerical division 23 (4), 41 906. 911 for telegraph messengers to be held annually 32a (3) 908 general division, entrance examination to be elemen- tary 28(1) 907 may be dispensed with in special cases . . 31 907 in the case of State officers 33 908 1336 Index to Acts. Public Service Act (Commonwealth) 1902-1911— continued. Kxiunination, may be dispensed with in the case of retired officers reappointed in case of professional men seeking promotion or transfer notice of professional division, for promotion to higher class public examining body, examination by, may be accepted in certain cases regulations State officers may be exempted from provisions as to to be passed by candidates for appointment transfer to another department from general to clerical division university examination may be accepted in certain cases Examiners, Act does not apply to, if not officers appointment of, for entrance examinations examination on promotion or transfer regulations as to payment Excess officers. See Officer. Exemptions from operation of Act Expenses of transfer, travelling, or in case of severe climatic con ditions, &c., regulations officer charged where charge not proved . . Extra services, regulations . . Fidelity guarantees, regulations Fines, deduction from salary infliction of . . notification and recording of, regulations Forfeiture of office on conviction of certain offences Furlough . . Oazette, list of officers notices to officers to be published in . . notification of appointments, promotions, transfers, retire- ments, removals, vacancies. Orders in Council, and proclamations General division. See Division. Grading. See Classification. Gratuity. See Compensation. Guarantees for fidelity of officers Holidays, public Honorary officers, Act does not apply to House of Representatives. See Parliament. Illness, leave of absence Improper conduct an offence Incapacity of officer, board of inquiry as to and transfer or retire ment of officer officer of professional or clerical division may be transferred to general division provision as to performance of duties Incompetency, an offence Increases of salary. See Salaries. Insolvency of officer, provisions as to Inspectors, absence without leave vacates office actions not to be brought against appointment charges against, investigated by board of inquiry costs not payable in respect of proceedings before deputies, in case of illness, &c. Section. 34(1) 43(4) 29 43 43(3) 27, 80 (c) 33 26(1) 43 41 43(3) 3 27 43(2) 80 (j) 80(g) 49 80 (/) 80 (k) 67 46 (3) (5), 66(1) 80 (m) 66(1) 71 9(3) 77(1) 76 80 (ifc) 72 3 68 (1), 69 46(1) 65 24 69 46(1) 66 (2) 7 (c) 5(5) 5 47(2) 5 (5) 5 (4) Page. 009 912 907 911 912 906, 923 908 906 911 911 912 898 906 912 923 898 923 915 923 923 919 913,914, 918 923 918 920 901 921 921 923 920 898 919 913 918 906 917 913 918 900 899 899 914 899 899 Index to Acts. 133: Section. Page. Public Service Act (Commonwealth) 1902-1911— continued. Inspectors, duties and powers 8 (I) 900 assigned by Commissioner . . 5 (1) 898 may be exercised by Commissioner . . 5 (7) 899 fined, &c., on recommendation of Commissioner by Governor-General 6 (6) 900 incapacity, permanent, vacates office 7(c) 900 insolvency, vacates office 7 (6) 900 inspection of departments 8 900 paid employment outside duties vacates office 7 (a) 900 removal from office 6 899 resignation 7 {d) 900 restoration to office 6 (3) 899 rights of, if appointed from public service of Common- wealth or a State 5 (3) 899 salary . . 5 (6) 899 suspension of, by Governor-General 6 899 commissioner 6 (5) 900 removed if charges not proved 47(4) 915 term of office 5(2) 899 transfer to an office 6(4) 900 vacation of office 7 900 witnesses, power to summon and swear 10 902 Inter-State Commission, Act does not apply to members of 3 898 Intoxicating liquor, excessive use of, an oiJence 46(1) 913 Justice of High Court, Act does not apply to . . 3 898 Leave of absence, annual 68 919 deprivation of, as penalty 46 (5) 914 extended, after 20 years' service 71 920 Minister may grant, if not granted by chief officer 68 (2) 919 parliamentary officers 68(4) 919 sick leave, &c. 68 (1), 69 919 special cases 68(4) 919 without pay. period not counted as service 70 919 Life assurance, application of certain provisions does not extend to transferred State officers or temporary employes 51 . 916 arrears of premiums to be notified by company and amount deducted from salary 56 916 may be dispensed yAih. in special cases . . 31 907 in case of retired officers re-appointed . . 34(1) 909 inability to assure does not disqualify for appoint- ment, but deductions may be made from salary and invested 57 916 officers must be assured on confirmation of appoint- ment 52 916 policy must be continued and amount increased as prescribed 53 916 protection against assignment and creditors 54 916 indorsement on policy 55 916 regulations . . 80 (n) 923 transferred officers, provision as to continuing assurances, &c. 58 917 List of officers, publication of 9(3) 901 Living allo^^^ances, regulations as to, in certain cases 80 (!7) 923 Marriage of female officer, regulations as to dispensing with services 80 (d) 923 Married women not to be employed except on certificate of com- missioner 80 (d) 923 Message boys, age of 32 (2) 908 Messengers, telegraph. See Telegraph Messengers. Minimum salary. See Salaries. Municipal office not to be held by officer without permission 79 922 1338 hid ex to Acts. Public Service Act (Commonwealth) 1902-1911 conli?iued. Xatiiial horn or naturalized subject, officer appointed must be cxeuiptioa from provision officer not naturalized to ob * tain naturalization Negligence an offence New office, creation of Oath, power to administer .. Offences, address unkno\\n of officer, service of notices, &c. administrative division — suspension of officer removed if charge not proved board of inquiry to investigate charges . . punishment ^\•here charges found proved . . counsel to represent officers, right of explanation by officer inspectors — charges against, mvestigated by board of inquiry appointed by Governor-General punishment where charges found proved . . punishment of minor offences by chief officer. . after temporary suspension, by reprimand caution, or fine after further suspension and investigation by board of inquiry regulations as to notifying and recording punishments suspension of officer suspension not necessary in certain cases suspension, removal of what are . . See also Boards of inquiry. Office, abolition of . . alteration of classification of . . new, creation of Officer, absence of, performance of duties during Act does not apply to certain officers . . address unkno\Mi, service of notices, &c. appeal, right of appointments. See Appointments, attendance, regulations British subject, officer ajipointed must be, unless exempted officer, not being, to obtain naturaliza tion classification of alteration of, where duties changed convicted of certain offences forfeits office death of, payment of salary to dependents on . . definition of emplo^-ment outside official duties not to be engaged ■\Aithout permission examination by inspectors excess officers, transfer of . . retirement of extra services, regulations fidelity guarantees, regulations gazettal of appomtments, &c. list of officers incapable, board of inquiry on performance of duties during incapacity retirement or transfer of officer insolvent, provisions as to offences. See Offences. Section. 26(1) 26 (2) 03 46(1) 41 10 77(3) 47 (1) 47 (4) 47(1) 47(3) 48(1) 46 (2) (3) 47 (2) 6 (6) 46(2) 46 (3) 46 (4) (5) 80 (wi) 46 (2) (3) (4) (6) 46 (2) 46 (3) (6) 46(1) 41 41 41 59 3 77 50 80 (i) 26 63 8. 9 41 66(1) 71 2(c) 79 8 8 (4) (5) 8(6) 80 (j) 80 (k) 76 9(3) 65 59 65 66 (2) Page. 906 906 018 913 911 902 922 914 915 914 915 915 013 914 900 913 913 013, 014 023 013 013. 914 013 913. 014 913 911 Oil 911 917 898 921 915 923 906 918 900. 001 Oil 918 020 897 922 000 001 001 023 923 921 001 018 017 018 018 Index to Ads. 1339 Public Service Act (Commonwealth) 1902-1911 — continued. Officer, parliamentary. See Parliament. payments to (except for salary and prescribed allowances), to be authorized by Governor-General pensions. See Pensions, promotions. See Promotions, record of . . removal. See Removal. retired, may be re-appointed on certain conditions retirement of. See Retirement, salaries. See Salaries, transfer of. See Transfer of officers, transferred from State service — classification for certain purposes deemed that fixed by commissioner life assurance or superannuation fund payments, provi- sion as to continuance of record of service, &c. rights preserved rights to promotion or ti'ansfer preserved . . service in State reckoned as service in Common- \\ealth See also Commonwealth and State officers. Orders in Council, gazettal of Parliament, officers of the, appointments, promotions, regulations commissioner's powers exercisable by President and Speaker departments constituted leave of absence . . permanent head or chief officer, exercise of powers of Payments to officers, salary not to exceed appropriation application of money where vacancy occurs to be authorized by Governor-General (if not for salaries or prescribed allowances) Penalties, deduction from salaries regulations Pensions, arrangements may be made as to, in case of officer per forming services for Commonwealth and State rights of transferred officers preserved Permanent head, definition of duties of . . may assign po\\ers and duties to chief officer may appoint chief clerk to perform duties in chief officer's absence . . may exercise powers of chief officer . . Prescribed, definition of President of Senate, commissioner's powers exercisable by, as re gards Senate officers, &c. Private A\ork not to be engaged in without permission . . Probation. See Appointments. Proclamation, gazettal of . . Professional division. See Division. Promotions, declmed by leave of commissioner from one division to another to higher office, procedure gazettal of vacancy, how filled regard to be had to efficiency and seniority transferred State officers' rights preserved clerical division, from one subdivision to another in 4th and higher classes . . from one class to another 78 (3) 9 34 8(5) 58 9(2) 60 62 61 76 14(1) 14(2) 14(3) 68 (4) 14(2) 78(1) 78(2) 78 (3) 67 80(/) 39 60 2(a), 12 (i; 12(2) 13(2) Page. 922 901 909 001 917 901 917 918 918 921 903 903 903 919 903 922 922 922 919 923 910 917 897. 902 902 903 13(3) 903 13(4) 903 2 (/) 897 14 903 79 922 76 921 45(1) 912 41 911 44 912 76 921 42 911 42 911 62 918 22 905 23 905 134U Index to Acts. Public Service Act (Commonwealth) 1902-1911— continued. Promotions, rierical division, promotion from one subdivision to another may be made whetlaer vacancy exists or not . . service in subdivisions may be dis- pensed with in certain cases of promotions to higher class professional division, examination for restriction on, where officers in excess Punishments, regulations as to notifying and recording See also Offences. Quarters, provision as to rent and salary Record of officers . . Reduction of number of officers in a department officer to lower class, as punishment officer of administrative division to a lower division as punishment . . Regulations, po\\ ers to make publication of . . to be laid before Parliament Removal of officer from one position to another in any part of th Common^^■ealth Removals of officers, gazettal of Rent for quarters, provision as to . . Reports by commissioner on public service for presentation to Par liament . . on matters to be dealt with by Governor General . . Resignation, comjiulsory, by offending officer . . Retired officers may be re-appointed on certain conditions Retirement of officers in excess between ages of 60 and 65 at age of 65 . . officers continued in service after age of 65 incapable officers . . . . • gazettal of transferred State officers, rights preserved. Retiring allowances. See Pensions. . . Retirement, officer with 20 years' service not taking furlough may be granted six months' pay on Salaries, absence v^ithout leave, deduction from officer's salary administrative division, to be as provided in Appropria tion Act . . appropriation, not to be exceeded where vacancy occurs . . clerical division, to be as assigned in Third Schedule fines to be deducted from fixing at certain rate, but so as not to diminish salary of present occupant of office general division, to be as prescribed . . increases in clerical division life assurance premiums in arrear may be deducted minimum, officers of clerical division 21 years of age officers of general division with three years service and being 21 years of age new appointments to clerical division payments other than for salary or prescribed allowances professional division, to be as prescribed regulations, professional and general divisions rent for quarters, provision as to deduction of retired officers re-appointed, restriction as to ■women not in clerical division, regulations Section. 23 (2) 22 (3) 43 8 (4) 80 (m) 64 46 (5), 66 (2) 47(3) 27, 80 80 80 45(2) 76 64 11 5 (1) 46 (5) 34 8 (6) 73 74 75 65 76 60 71 68 (3) 17 78(1) 78 (2) 19 67 20 18, 80 (a) 21 56 21 (2) 25 21 78 (3) 18, 80 (a) 80 (a) 64 34(1) 80 {d) Page. 905 005 911 901 923 918 901 900 914, 918 915 906, 923 923 923 912 921 918 902 898 914 909 901 921 921 921 918 921 917 920 919 904 922 922 904 919 904 904, 923 905 916 905 906 905 922 904, 923 923 918 909 923 Index to Acts. 1341 Section. Page. Public Service Act (Commonwealth) 1902-1911— continued. Senate. See Parliament. Service, period of leave of absence without pay not counted ae . . 70 919 See also Officer transferred from State service. Service of notices on officers 77 921 Sick leave 68 (1), 69 919 Speaker of House of Representatives, commissioner's powers exer- cisable by, as regards House of Representatives' officers, &c. 14 903 State, definition of 2 {d) 897 holidays, observance of 72(3) 920 officers, eligibility for appointment 33 908 may be exempted from examination, probation, &c. 33 908 retired, eligible for appointment on certain condi- tions 34 909 transferred. See Officer transferred from State service. See also Commonwealth and State officers. Superannuation fund, continuance of contributions to, by trans- ferred officers 58 917 Suspension of officer. See Offences. Telegraph messengers, employment of 32a 908 Temporary employment, census, provision as to 40 (6) 910 dispensing with temporary employe at any time 40 (5) 910 Government Printing-office, provision as to 40 (6) 910 holidays to be same as those allowed to permanent employes 40(1) 910 period of . . 40(2) 910 may be extended . . 40 (4) 910 extension to complete work . . 40 (6) 910 re-employment, restriction on 40(3) 910 regulations 80 (/t) 923 return ae to 40(7) 911 selection of persons from prescribed re- gister 40 (1) 910 wages, rate to be same as that paid to permanent employes 40(1) 910 Times of doing things required by the Act, regulations as to 80 (0) 923 Transfer of officers from one division to another 41 911 to professional division, regulations as to 80 (6) 923 to clerical division of officer in general division 23 (4), 41 906, 911 "~ to general division of incapable officer in pro- fessional or clerical division 24 906 to another department, examination for 43 911 excess officers 8 (4) 901 incapable or unfit officer . . 65 918 gazettal of 76 921 regulations, transfer from certain localities . . 80 (sr) 923 expenses of transfer 80 (<7) 923 Transferred officers. See Officer transferred from State service. Travelling allowances, regulations 80 ((7) 923 Vacancies, gazettal of 76 921 in clerical division may be filled under certain conditions by officers of general division 23(4) 906 regulations 80 (p) 923 See also Promotions. Wages. See Salaries. Witnesses, power to summon and swear 10 902 Women, married, to be employed only on certificate of commis- sioner . . 80 (d) 923 regulations, salaries, if not in clerical division . . 80 (d) 923 dispensing with services on marriage 80 (d) 923 1342 Index to Acts. Section. Purchase Telephone Lines Acquisition Act 1911. Acquisition of piircliase telephone lines Alt. short title of .. Compensation, settlement of amount of Poslmastcr-CJeneral may acquire purchase telephone line.s Purehaee telephone lines, acquisition of, by Postmaster-General Quarantine Act 1908. Act, administration of commencement of not to aflect jast operation of State Quarantine Acts not to be taken as appropriating moneys parts of power to exempt ships of war, vessels, persons, &c., from scope of quarantine in relation to short title of . . Aiding and abetting offences Animals, appointment of quarantine stations for compensation for, if destroyed and not diseased destruction of diseased disease in relation to, definition of . . examination of, on board vessel examination, &c., of, when declared subject to quaran tine exempt from Act, power to expenses of quarantine of . . forfeiture of, where unlawfully imported or dealt \nth imported, articles in connexion with delivery of, without quarantine inspection of landing of, to be at declared port only ordering of, into quarantine permit necessary for landing of quarantine control of interference with, when subject to quarantine ordering of, into quarantine ports for landing of power to prohibit importation of power to prohibit removal of, in Commonwealth quarantine of seizure and disposal of, when forfeited seizure and conveyance of, to quarantine unlawful importation of . . Arrangements with State Governments in relation to cpiarantine Arrest of persons subject to quarantine Articles used in connexion with imported animals and plants Assaulting officer in performance of his duty . . Australian vessel, definition of Authorized per.son, arrest by, of person subject to cjuarantine definition of Bribe, giving or offering of. to officer acceptance of, by officer By authority, definition of . . Cleansing of vessel in quarantine Collusive agreement M'ith officer Compensation for animal destroyed it not diseased to ship-owner for cost of provisions or medicines passengers not liable to pay . . Constable, arrest by, of persons subject to quarantine . . Contagious diseases. See Infectious and contagious diseases. Cultures, prohibition of introduction of, containing disease germ &c. , . . . 2 6 7 3 14 4 1 85 13 (c) 57 (2) 57 (1) 5 70 55 14 64 68 51,52,68 53 (2) 53(1) 50 53 (3) 52 51 76 53 (3), 55 13(&) 13(/) 13 (gr) 56 68 69 67 11 31 51. 52, 68 81 {d) 5 31 5 81 82 5 43 81, 82 57 59 31 IS id) Pago. 893 893 893 893 893 930 928 930 930 928 931 928 928 944 930 939 939 928 941 939 931 940 941 938, 941 938 938 938 938 938 938 942 938, 939 930 930 930 939 941 941 940 930 934 938, 941 943 928 934 928 943 943 928 937 943 939 939 934 930 Index to Acts. 1343 Quarantine Act 1908 — continued. Cultures, unlaw ful importation of Desertion by officer from duty Destruction of diseased animals diseased plants infected goods unlawful, of goods by officer Disease agents, power to prohibit introduction of unlawful importation of Disease, contagious. See Infectious and contagious diseases, definition of, in relation to animals . . plants Disease germs, power to prohibit introduction of germs, unlawful importation of Disease, infectious. See Infectious and contagious diseases. Disease, outbreak of, on vessel, action by master on Disease, quarantinable, definition of . . See also Quarantinable disease. Disinfecting apparatus, vessels may be required to carry Disinfection of vessel in quarantine . . Evidence of want of knowledge Examination. See Inspection. Exemption from Act, power of, iia case of ships of war, vessels, persons, &c. Expenses of quarantine — animals. See Animals. passengers not liable for cost of provisions and medicines supplied person in quarantine not a passenger or member of crew of vessel plants. See Plants. provisions and medicine, supply of recovery of remuneration of medical officer vessel, expenses charged on vessel, towing and pilotage of False answers to questions . . False statements, wilful, by master or medical officer of vessel First ports of entiy, appointment of . . oversea vessels to enter at Food. See Provisions. Forfeiture of plants, animals, and goods unlawfully imported or dealt \\'ith Forgery of documents under Act Fraudulently lending certificate or document . . Free passage for person removed from vessels for quarantine Fumigation of vessels Goods, appointment of quarantine stations for conveyance of, to quarantine station . . definition of destruction of, if they cannot be effectively disinfected detention of, on vessel when subject to quarantine disinfection of exempt from Act, power to . . forfeiture of, when unlawfully imported or dealt with infected or a source of infection, quarantine of inspection of, by quarantine officer interference with, in contravention of Act landing. &c., of, under section relating to quarantme surveillance performance of quarantine by period for which, subject to quarantine possession of, when unla^rfully removed from vessel Section. 67 80 57 58 48 49 13 (a) 67 13 (d) 67 22 5 15 43 44 (3), 67(2) 14 59 (3) 62 59, 62 66 63 65 60 28, 72, 73 83 13 (a) 20, 78 68 79 79 41 (2), 16 13(c) 36 61 48(2) 29 34 (4), 48 14 68 35 70 76 34 47 19 44 Page. 940 943 939 939 937 938 9.30 940 928 928 930 940 933 928 932 937 937, 941 931 939 940 939, 940 940 940 940 940 934, 941, 942 943 930 933, 942 941 943 943 936. 940 932 930 936 928 938 934 935, 937 931 941 935 941 942 935 937 932 937 1344 Index to Acts. Section. Quarantine Act 1908 — continued. Goods, rocoivin^, wlien unla«fully removed from vessel removiil of, in ("oinnionwealth may be prohibited removal of, from vckscI in quarantine . . seizure and disposal of, when forfeited. . seizure and conveyance of, to quarantine unlawful dealing or interference with . . unlawful destruction of or damage to, by officer unlawful im[)ortation of when subject to quarantine . . Health, questions relating to Health report of oversea ship arriving Improperly influencing officer Infected places, proclamation of Infectious and contagious diseases, power to prohibit articles likely to introduce Infectious diseases, questions touching existence of Insects, fumigation of vessel for destruction of noxious, pow er to prohibit introduction of unlaw ful importation of Inspection of imported animals of imported plants of animals and plants subject to quarantine. . expenses of, of animals and plants of persons on board vessels of animals and goods on board vessels of vessels and vessels' papers Intimidation of officer in performance of his duty Justice of the Peace, order by, for return of persons to vessel or quarantine station . . Mails, detention of, on vessels subject to quarantine Maliciously ordering vessel, &c., into quarantine Master of vessel — definition of . . to cause disinfecting apparatus to be carried on vessel in certain cases to cause vessel to be fumigated for destruction of rats, mice, and insects . . not to suffer oversea vessel arriving to enter port other than first port of entry to hoist quarantine signal on vessel subject to quarantine to notify outbreak of certain diseases on vessel to hoist quarantine signal on outbreak of disease on vessel to bring vessel to and faciliate boarding by quarantine officer not to bring vessel subject to quarantine within quarantine line of port to make out and deliver health report of oversea vessel arriving to answer questions as to health, &c., in case of oversea vessel arriving not to quit or suffer persons to quit vessel subject to quaran- tine not to suffer goods or mails to be removed from vessel subject to quarantine to cause vessel from proclaimed place to be moored or berthed as directed . . certificate of pratique to be given to to cause vessel, &c., to be conveyed to quarantine station as directed . . . . . . to deliver up ship's papers on arrival at quarantine station . . not to move vessel in quarantine except in accordance with Act and regulations , . to cause vessel in quarantine to be cleansed and disinfected as directed to produce ship's papers to quarantine officer for inspection 44 13 (ff) 29, 44 68 69 61 49 67 18(2) 28, 72, 73 27 81 12 13(e) 28 16 13 (d) 67 53 54 55 64 70-72 70 70 81 31 29 84 5 15 16 20 21 22 22 25 26 27 28 29 29 32 33 36 38 40 43 70 Page. 937 930 934, 937 941 941 938 938 940 932 934, 941, 942 933 943 930 930 934 932 930 940 938 939 939 940 941 941 941 943 934 934 944 928 932 932 933 933 933 933 933 933 933 934 934 934 934 935 936 936 936 937 941 Index to Acts. 1345 persons Quarantine Act 1908 — continued. Master of vessel — continued. to provide quarantine officer with food and aleeping accom modation to muster passengers and persons on board vessel for inspection and facilitate inspection to answer questions as to sickness, &c., on board vessel not to enter port other than first port of entry if quarantin able disease exists on vessel ^^^lful false statements by, to officer wilful misleading by, of officer Medical officer, appointment of, to take charge of quarantine . . Medical officer of vessel — definition of . . to sign health report to answer questions as to health, &c. wilful false statements by, to officer wilful misleading by, of officer Medicines, supply of, for persons in quarantine passengers not liable for cost of Mice, fumigation of vessel for destruction of . . regulations relating to destruction, &c., of Microbes and cultures, power to prohibit introduction of unlawful importation of Minister, administration of Act by delegation of powers by Misleading quarantine officer Molesting officer m performance of his duty Muster of persons on board vessel for inspection Notices, quarantine, affixing of Notification of diseases Noxious insects, power to prohibit introduction of unlawful importation of Obstructing officer in performance of his duty Offences, aiding and abetting time for proceedings for, in courts of summary jurisdiction Officer, appointment of assaulting, in performance of his duty bribery of . . collusive agreement by or with definition of desertion of, from duty improperly influencing unlawfully destroying or damaging goods unlawfully permittmg persons, &c., out of quarantine Order ordering vessel, &c., into quarantine — quarantine officer may issue service of . . . . . . . . . » effect of See also Animals : Plants. Oversea vessel, definition of first ports of entry for health report of on arrival to enter a first port of entry pratique to, grant of . . questions as to health, &c., in relation to See also Master of vessel : Medical officer of vessel : Vessel. Package, definition of Papers, ship's, to be delivered up when vessel arrives at quarantine station to be produced to quarantine officer Parts of animals and plants — power to prohibit importation or removal of unlawful importation of . . 71 Page. 941 72 941 73 942 78 942 83 943 83 943 63 940 5 928 27 933 28, 73 934, 942 83 943 83 943 59, 62 939, 940 69 (3) 939 16 932 87 (/) (s-) 944 13 (d) 930 67 940 8 930 10 930 83 943 81 943 72 941 74 942 22, 87 (e) 933, 944 13 (d) 930 67 940 81 943 85 944 86 944 9 930 81 943 81, 82 943 81, 82 943 5 928 80 943 81 943 49 938 80 943 35(1) (2) 935 35 (3) 935 35(4) 936 5 928 13 (a) 930 27 933 20, 78 933. 942 33 935 28 934 5 928 38 936 70 941 13 (/) (g) 930 67 940 134<) Index to Acts. Quarantine Act 1908 — continued. Parts of uniiiiils aiul plants — r8 Index to Acts. Secret Commissions Act 1905. Account, false, giving, receiving, or nsing witli intont to deceive principal Acquittal. Sec Conviction. Act, application of Agency, definition of Agent, accepting secret commission definition of giving secret commission to . . giving false document to, with intent to deceive principal receiving false document, given with intent to deceive principal . . recovery of secret commission from secret purchase from, or sale to himself using false document with intent to deceive princi^ial Aiders and abettors Australia, procuring offence outside, in relation to affairs of prin- cipal inside Conviction or acquittal of offence not to bar proceedings for recovery of secret commission . . Corporation, penaltj' for gift or receipt of secret commission by . . penalty for giving or receiving false account, &c., with intent to deceive prmcipal penalty for secret purchase from or sale to itself on behalf of a principal . . Custom of trade, evidence that secret commission is, not admis- sible in proceedings under Act Discovery. See Evidence. Documents, giving, receiving, or using false, with intent to deceive principal Evidence, criminating answer or discovery, no person excused from criminating answer, &c., not admissible in evidence in criminal proceeding against person making not admissible that secret commission is custom of trade Information, other than indictment, to be upon oath . . Offences, conviction or acquittal of, not to bar proceedings for re- covery of secret commissions m relation to secret commissions persons privy to . . persons privy to commission outside Australia Principal, agent buying or selling to himself without consent of . . definition of false documents, use of, with intent to deceive recovery of secret commissions by . . Proceedings, criminal, when answer of defendant not to be admis- sible as evidence in . . civil or criminal, evidence that secret commission is custom of trade not to be admissible in Question, person not excused from ans\\ering in certain cases Receipt, false, giving, receiving, or using ^\ith intent to deceive principal Secret commission, acceptance of, by agent . . gift of, to agent . . offences in relation to recovery of, from agent Witness. See Evidence. Senate Elections Act 1903. Act, application of, to elections to fill periodical and casual vacancies incorporation \\ith Commonwealth Electoral Act 1902 short title of . . Seel inn. Pag.-. 5 10;JG 2 3 4 3 4 5 10 Jo 1035 1036 1035 1036 1036 5 7 6 5 10 1036 1037 1037 1036 1037 10 1037 7 4 1037 1036 5 1036 G 1037 9 1037 5 8 10,]6 1037 8 9 11 1037 1037 1037 7 4, 5, 6 10 10 6 3 5 7 1037 1036, 1037 1037 1037 1037 1035 io:6 1037 8 1037 9 8 1037 10J7 5 4 4 4, 5, 6 n 1036 1036 1036 1036, 1037 1037 4 2 1 379 378 378 Index to Acts. 1 359 Senate Elections 1903 — continued. Section. Page. Candidates, number of. required to be elected elected to fill periodical vacancies elected to fill casual vacancies declaration of names of those elected indorsement on \\rit of names of those elected Casting vote, to decide which candidates elected to fill periodical vacancies Casual vacancies, candidates elected to fill definition of casual vacancy election to fill periodical and casual vacanciesr to be conducted as one election indorsement on writ to certify candidates elected to fill .. Court of Disputed Returns, powers of Disputed elections, powers of Courts of Disputed Returns in case of Elections, application of Act to candidates elected to fill periodical vacancies casual vacancies . . po\\'ers of Court of Disputed Returns casting vote at . . declaration of result disputed, powers of Court of Disputed Returns as to election to fill periodical and casual vacancies to be con- ducted as one . . indorsement on writ certifying what candidates elected nomination, form of number of candidates to be elected at Indorsement on MTit certifying candidates elected to fill periodical and casual vacancies . . Nomination, form of Periodical vacancies, candidates elected to fill . . definition of periodical vacancy elections to fill periodical and casual vacancies to be conducted as one indorsement on writ to certify what candi- dates elected to fill Vacancies. See Casual vacancies : Periodical vacancies. Writ, form of indorsement on, certifying names of candidates elected Service and Execution of Process 1901-1905. Acts Acts of Federal Council, repeal of certain Appearance, time for address for service to be stated by default of, to writ of summons . . to summons for offence, proceedings Attachment, writ of, may bj"- leave be executed in any part Commonwealth Certificate of judgment. See JJ&gment. Costs, security by plaintiff for Courts, definition of jurisdiction not increased by Part I. . . of record, definition of Decree, service of, in any part of Commonwealth proof of service Defendant, definition of Execution not to issue unless affidavit of liability filed control over, of court registering judgment . . issue of, to be notified to court making judgment Federal Council, repeal of certain Acts of Judgment, definition of of 6 9(1) 9 (3) 10 (a) 10(6) 9 (2) 9 (3) 3 10(6) II 11 4 9 (1) 9 (3) 11 9 (2) 10 {a) 11 5 10(6) 8 6 10(6) 8 9 (1) 3 10(6) 10(6) . I 9 11 15(3) 19 10 3 (c) 13 3 (d) 14 17 3 (?) 23 24 26 2 3 {h) 379 379 379 379 379 :>79 379 378 ;i79 379 ?<79 379 379 379 379 379 379 379 o79 379 379 379 379 379 379 379 378 379 379 379 379 748 750 750 751 753 756 751 748 75'^ 748 753 754 748 758 758 758 748 748 1360 Index to Acts. Service and Execution of Process Acts Section. Page. 1901-1 905 —continued. Judgment, enfortement of, in another State — certificate of . . 20 757 effect of, where writ of summons served on defen- dant 12 752 execution not to issue unless affidavit of liability Kled .. .. .. .. ■ 23 758 execution subject to control of court registering judgment . . 24 758 registration of certificate 21 757 effect of registration of certificate 21 (2) 757 definition of court of like jurisdiction . . 22 758 notification of proceedings to court making judg- ment 26 758 stay of proceedings . . 25 758 Jurisdiction not increased by Part I. 13 753 Maintenance order, execution in another State of warrant for appre- hension of offender 18 754 Northern Territory, time for appearance to writ of summons 8 (a) 750 Notice, service of, in any part of Commonwealth 14 753 proof of service 17 754 Offender, execution of warrant in another Stat6 18 754 Party, definition of . . 3 (e) 748 Plaintiff, definition of 3 (/) 748 Process, service of, in any part of the Commonwealth . . 14 753 proof of service 17 754 Provisional warrant. See Warrant. Regulations, power to make 28 (1) 759 publication of . . 28 (2) 760 to be laid before Parliament 28 (3) 760 Rules of court, power to make 27 759 State rules to apply in certain cases 27 (2) 759 Security for costs . . 10 751 terms on order for stay of proceedings 25 (2) 758 Service in any part of Commonwealth — of writ of summons 4 749 of writ (other than writ of summons) 14 753 of summons for offence 15 753 of subpoena or summons to witness 16 753 proof of 17 754 Stay of proceedings on certificate of judgment 25 758 Subpoena. See Witness. Suit, definition of . . 3 (a) 748 Summons for offence, service in any part of Commonwealth 15 753 default of appearance, proceedings 15(3) 753 to witness. See Witness. Warrant, execution in another State 18 754 for witness failing to attend 16 753 provisional, power of Justice of the Peace to issue 18(5) 756 provisional, discharge of person arrested under, in certain cases 18(5) 756 Western Australia, time for appearance to writ of summons 8 (a) 750 Witness, subpoena or summons may by leave of court be served in any part of Commonwealth 16 753 warrant in case of disobedience to subpoena or summons 16 753 Writ, proof of service 17 754 of attachment may by leave be executed in any part of Com- monwealth 19 756 other than of summons, service in any part of Commonwealth 14 753 Writ of summons, appearance, time for 8 750 See also Appearance. concurrent for service within State and out of State .. 7 750 Index to Acts. 1361 Section. Page. Service and Execution of Process Acts 1901-1905 — continued. Writ of summons, definition of default of appearance, proceedings . . indorsements on, for service outside State of issue not properly indorsed, ineffective for service . . security for costs . . service of, in any part of Commonwealth Shale Oils Bounties Act 1910. Aiding or abetting offences . . Appropriation for bounties . . Bounties, conditions, &c., of grant of, on shale oil and paraffin wax obtaining, when not payable obtaining, by means of misleadmg statements period during which payable quality of goods for rates of . . return, annual, of wages to be paid by claimants for . . yearly amounts of False documents or statements, presentment of, to officer Offences, aiding and abetting penalties for Return of bounties paid, &c., to be laid before Parliament Regulations, power to make Wages, application of Excise Procedure Act 1907 in relation to bounties may be withheld if rates of, paid by claimants not fair and reasonable 3(6) • 748 11 751 6 749 6 750 10 751 4 749 SOUTH AFRICAN PREFERENCE. (South African Preference). See Customs Tariff Spirits Act 1906. Act, commencement of incorporation with, of certain parts of the Customs Act 1901 Articles of food or drink — definition of . . examination of, officer may make forfeiture of, if containing methylated spirits methylated spirits not to be used in manufacture of sale of, prohibited if containing methylated spirits samples of, officer may take seizure of, if containing methylated spirits when deemed to contain methylated spirits Australian blended brandy. See Brandy, Australian blended. Australian blended whisky. See Whisky, Australian blended. Australian, pure, standard brandy. See Brandy, pure Australian standard. Australian standard malt whisky. See Whisky, Australian stan- dard malt. Australian standard rum. See Rum, Australian standard. Brandy not to be delivered until certified to be distilled wholly from grape wine Brandy, Australian blended — definition of . . 8 2 3-5 2-3 7 7 3 5 3 9 6 4 7 8 7 9 10 6(3) 2 4 3 22 17 14. 15 16 22 25 18 155 154 154 154 155 155 154 154 154 155 155 154 155 155 155 155 156 155 155 10 3 462 463 462 468 467 466, 467 467 468 468 467 466 462 13«2 Index to Acts. Spirits Act 1906 — continued, BiMiidv, Austniliiin blended — continved. cortitii'fito that Kiiirits are ninrkinp of spirits certified to he penalty for improperly describing or representing spirits to he . . Brandy, pure Australian standard — definition of . . certificate that spirits are marking of s])irits certified to be ]ienalty for improperly describing or representing spirits to be ... . Ctistoms Act 1901, incorporation of parts of, with Act . . repeal of ])ortions of Distillation Act 1901, amendment of, as to fortification of Australian \vme. Entr}', powers of, of officer . . of officer acting under writ of assistance Essences, examination of, officer may make forfeiture of, if containing methylated spirits methylated spirits not to be used in manufacture of sale of, prohibited, if containing methylated spirits samples of, officer may take seizure of, if containing methylated spirits when deemed to contain methylated spirits . . Examination of articles of food, &c., officer may make Falsely applying prescribed stamp, seal, or label, penalty for Foi'feiture and seizure of illicit methylated spirits, &c. . . Forging prescribed stamp, seal, or label, penalty for Illicit methylated spirits, defuiition of forfeiture of penalty for selling or having in posses sion certain spirits not to be deemed to be Industrial spirits, uses of . . standard for Licences to make or sell methylated spirits Manufactures, spirits for special Medicines, definition of examination of, officer may make . . forfeiture of, if containing methylated spirits methylated spirits not to be used in manufacture of sale of, prohi})ited, if containing methylated spirits samples of, officer may take seizure of, if containing methylated spirits . . when deemed to contain methylated spirits . . Methylated, definition of . . Methylated spirits, classes and uses of definition of forfeiture of illicit forfeiture of certain articles containing licences to make or sell made before commencement of Act manner of methylating penalty for selling illicit penalty for possession of illicit penalty for sale of, in excess of prescribed quan tity . . penalty for possession of, in excess of prescribed quantity spirits containing methylated substances deemed to be . . unlawful use of or dealing with Methylating substance, definition of . . Mineralized spirits, standard for and uses of . . Section. (1) (2) 3 (1) (2) 9 4 5 6 22 24 22 17 14, 15 16 22 25 18 22 8 17, 25 8 3 17 16 19 14 (2) 14(3) 20 14 3 22 17 14, 15 16 22 25 18 3 14 3 17 17 20 19 14 16 16 21 21 18 15 3 14 Page. 465 465 465 462 465 465 465 464 464 464 468 468 468 467 466, 467 467 468 468 467 468 465 467, 468 465 462 467 467 467 466 466 467 466 462 468 467 466, 467 467 468 468 467 462 466 462 467 467 467 467 466 467 467 467 467 467 467 462 466 Index to Acts. 1363 Section. Page. Spirits Act 1906 — continued. Officers, powers of, entry of 22 4 68 examination and taking of samples 22 468 seizure by 25 468 under writ of assistance 24 468 Pure Australian standard brandy. See Brandy, pure Australian standard. Regulations, power to make 26 468 Rum, Australian standard — definition of . . 3 462 certificate that spirits are 7(1) 465 marking of spirits, &c., certified to be 7(2) 465 penalty for improperly describing as, or representing spirits to be 9 465 Sale of illicit methylated spirits 16 467 certain articles containing methylated spirits 16 467 methylated spirits, licences for 20 467 in excess of prescribed quantities 21 467 samples, refusal of . . 23 468 Samples, officer may take 22 468 penalty for refusing to supply 23 468 Scents, definition of 3 462 examination of, officer may make 22 468 forfeiture of, if containing methylated spirits 17 467 methylated spirits not to be used in manufacture of 14, 15 466, 467 sale of, prohibited if containing methylated spirits 16 467 samples of. officer may take . . 22 468 seizure of, if containing methylated spirits 25 468 when deemed to contain methylated spirits 18 467 Scientific investigation, spirits for purposes of 14 466 Spirits, maturing of certain before delivery for human consump- tion 11, 12 466 methylated. See methylated spirits. unfit for human consumption . . 13 466 Tinctures, examination of, officer may make . . 22 468 forfeiture of, if containmg methylated spirits 17 467 methylated spirits not to be used in manufacture of . . 14, 15 466, 467 sale of, prohibited if containing methylated spirits 16 467 samples of, officer may take 22 46 S seizure of, if forfeited 25 468 when deemed to contain methylated spirits . . 18 467 Whisky, Australian blended — definition of . . 3 462 certificate that spirits are 7 (1) 465 marking of spirits, certified to be 7 (2) 465 penalty for improperly describing or representing spirits to be : 9 465 Whisky, Australian standard malt — definition of . . 3 462 certificate that spirits are 7 (1) 465 marking of spirits certified to be 7(2) 465 penalt}' for improperly describing or representing spirits to be 9 465 Writ of assistance, powers of officer under 24 468 State Laws and Records Recognition Act 1901. Acts of State Parliament, judicial notice of . . 3 990 Acts of state of a State, proof of 7 9:>2 Affidavits, &c., filed in courts, proof of 17 994 Books and documents of a public nature, admissibility and proof of 10 932 By-laws, admissibility of certified copies of . . 8 992 1304 Index to Acta. State Laws and Records Recognition Act 1901— continued. By-laws, under Stnfo Acts, proof of . . Certified copies of books and documents of a public nature public documents, by-laws, and entries in public registers and books, admissibility and proof of Commission, proof of Common law. Act in addition to and not in derogation of Company, proof of incorporation registered documents re Court, definition of Courts within the Commonwealth, definition of Decrees, judgments, rules, orders, and judicial proceedings, proof of .. Documents, public . . Documents of a public nature, proof of Entry in public register or book, admissibility of certified copy of Examined copies of or extracts from books and documents of a public nature Extract from document registered in office for registration of com panics Faith and credit to be given to public Acts, records, and judicial proceedings Government Gazette of a State, production evidence of . . notification of acts of Governor or Minister in Government Printer of a State, proof that paper was printed by Governor of a State, definition of proof of acts of judicial notice of signature and seal proof of order, &c., of . . Incorporation of company, proof of . . Judgments, decrees, rules, orders, proof of Judicial notice. Acts of State Parliament seal of a State signatures and seals of certain State officials proceedings, proof of faith and credit to be given to Legal documents filed in courts, proof of Minister of Crown, proof of acts of . . Order of Governor or Minister, proof of Orders, proof of . . Papers printed by Government Printer purporting to be printed by authority of a State Govern ment Parliamentary proceedings and papers, proof of Pleadings, &c., filed in courts, proof of Proclamation, proof of Public acts, faith and credit to be given to . . documents, admissibility and proof of nature, documents of a, admissibility and proof of records, faith and credit to be given to Records of public documents and proceedings, admissibility and proof of Regulations, proof of under State Acts, proof of Rules, proof of Seal of a State, judicial notice of Signatures and seals of certain State officials, judicial notice of State law. Act in addition to and not in derogation of . . Votes and proceedings of State Parliaments, proof of . . includes papers, &c. Section. 16 10 8 6 19 16(1) 16(2) 2 2 17 8, 9 10 10 16(2) 18 12 14 13 2 14 5 6 16(1) 17 3 4 5 17 18 17 14 6 17 13 13 11 17 6, 7 18 8, 9 10 18 8 6 15 17 4 5 19 11 (1) 11 (2) Page. 993 992 992 991 994 993 993 990 990 994 992 992 992 992 993 994 993 993 993 990 993 991 991 993 994 990 991 991 994 994 994 993 991 994 993 993 992 994 991, 992 994 992 992 994 992 991 993 994 991 991 994 992 993 Index to Acts. 1365 Statutory Declarations Act 1911. Act, short title of . . Commissioners for Affidavits, definition of may take statutory declarations . . CommisBioners for Declarations, appointment of definition of . . may take statutory declarations may take declarations under other Acts . . Declaration, statutory. See Statutory declaration. Declarations under Acts, &c., may be made before Commissioners for Declarations False statement, penalty for wilfully making, in a statutory declara- tion Justices of the Peace may take statutory declarations . . Police Magistrates may take statutory declarations Special Magistrates may take statutory declarations Statutory declaration, authority to make and use before whom made extent of authority to use form of reference in Acts, &c., to Statutory regulation, definition of . . Stipendiary Magistrates may take statutory declarations Sugar Bounty Act 1905-1910. Aboriginals, employment of, not to prejudice claim for bounty . . Average sugar-giving contents of sugar-cane or beet Bounty, employment of aboriginals not to prejudice claim for . . grant of, to growers of white-grown sugar-cane or beet grower claiming, to certify as to rate of wages paid Minister may withhold, if standard rate of wages not paid not payable in certain cases payable under Sugar Bounty Act 1903, payable to grower if white labour only employed after commencement of this Act rate of, on beet rate of, on sugar-cane time when allowed Coloured labour, definition of exemption in case of unavoidable employment of subsequent employment of, when disqualification for bounty Consolidated Revenue Fund, appropriation of, for bounty on white- grown sugar-cane or beet Grower of sugar-cane or beet. See Bounty. Half-caste, Minister may, in certain cases, permit employment of, without prejudice to claim for bounty . . Lessee deemed employed on plantation Minister, bounty may be withheld by, if standard rate of wage not paid permission by, to employ half- caste, without prejudice to claim for bounty powers of, to exempt from disqualification in case of unavoidable employment of coloured labour Occupier deemed employed on plantation Rates of boimty Regulations White-grown cane or beet, definition of White plantation, definition of C. 11128.— VOL. n. Tj 3ettlon. Page. 820 820 821 821 820 821 821 821 8 821 5 821 5 821 5 821 3 820 5 821 (3) 820 5 821 4 820 2 820 6 821 10 159 7 158 10 159 3 157 9 158 9 158 5 158 11 159 6 158 6 158 8 158 2 157 6 158 6 158 3 157 12 159 4 157 9 158 12 159 5 158 4 157 6 158 13 159 2 157 2 157 1366 Index to Acts. Seotlon. Surplus Revenue Act 1908 i"). Act, Bhort title of . . comrncntement of Appropriations not to lapse when made for purposes of trust accounts . . • . • • ' ' » -' * Constitution, provision made by sec. 93 of, to ceasejOnTcommence- mentof Act.. Trust accounts — appropriations for purposes of, not to lapse Treasurer may Jiay moneys appropriated for, to credit of Surplus Revenue Act 1909. Provision for debiting certain expenditure during financial year 1909- 1910 Repeal of Surplus Revenue Act 1908 if the Constitution Alteration (Finance) 1909 becomes law . . Surplus Revenue Act 1910. Amendments to Surplus Revenue Act 1908 Braddon clause, cesser of . . Commonwealth, payments by, to States of surplus revenue Customs revenue, cesser of provisions of Braddon clause in relation to People, ascertainment of numbers of, of States States, payments to, by Commonwealth, of surplus revenue Surplus revenue, payments of, to States Western Australia, special payment by CommonM'ealth to TARIFF. See Customs Tariff: Excise Tariff. Telegraph Act 1909. Emergency, definition of . . Obstructing, &c., officers, penalty for Regulations, power to make Submarine cables, definition of power to assume control of, in time of emergency Wireless telegraph, definition of power to assume control of, in time of emergency Wireless telegraphy, defmition of Wireless telephone, power to assume control of, in time of emergency TELEPHONES. See Purchase Telephone Lines Acquisition. Trade Marks Act 1905. Abandonment of appeal. See Appeal. application. See Application, opposition. See Opposition. Acceptance of application. See Application. Act, administration of application of Part VIII. of, m relation to the Commonwealth Trade Mark commencement of 5(o) 5(6) 2, 3 4 2 3(3) 4 2 3 2 3 2 3 10 78 2 Page. 4S3 483 484 483 484 484 484, 485 485 2 485 3 485 4-6 486 3 485 7 486 4, 6 486 4,6 486 5 486 894 894 895 894 894 894 894 894 894 568 581 565 (a) As amended by the Surplus Revenue Act 1910. Index to Acts. 1367 Trade Marks Act 1905 — continued. _ Act, includes reguLations made thereunder not to be construed as to rendering certain acts lawful right to registration of trade mark in use at commencement of Action for infringement. See Infringement. Addition to trade mark by leave of Court Additional matter to essential particulars of trade mark disclaimer to exclusive use of Address for service application to state notice of opposition to state Administration of State Trade Marks Acts — transfer of, to Commonwealth effect of transfer of Advertisement of acceptance of application alteration in registered trade mark Agents, Registrar may recognise Agricultural industry, worker's trade marks not to apply to primary products of . . Aiding and abetting offences Alteration of certificate of registration Register by Registrar registered trade mark by leave of Court . . Amendment of certificate of registration of Register powers of Registrar as to Appeal, abandonment of, on failure to comply with order for security for costs from Registrar to Law Officer, before hearing . . Court direct, before hearing . . Law Officer, after hearing Court direct, after hearing . . from Law Officer to Court, before hearing after hearing from Registrar, in case of removal of trade mark from Register security for costs in case of . . Application for registration — abandonment of, where not completed in time abandonment of, where counter-statement not lodged acceptance of . . advertisement of appeal. See Appeal, examination of hearing of making of opposition to. See Opposition, time for completion of . . See also Registration of trade marks Application of a trade mark, what deemed to be an what deemed to be false Apportionment of trade marks, where goodwill passes to more than one successor Arrangements for protection of trade marks, international intercolonial Assignment of registered trade marks — allowable only in connexion with good-will allowable only by permission of Minister in case of standardi- zation mark allowable only as a whole in case of associated trade mark in case of dissolution of partnership not allowable in case of worker's trade mark notification of, to Registrar particulars of, to be entered in Register . . registration of Section. Page. 4 565 76 581 9 567 70 578 17 569 32 (2) 572 107 587 32(2) 572 39 574 14 568 14 568 36 573 70 578 110 587 77 581 89 583 68 578 68 578 70 578 68 578 68 578 102 586 46 575 34 573 34 573 43 574 45 575 34 573 44 574 55 576 46 575 37 573 41 (2) 574 33, 34, 36 573 36 573 33 573 42 574 32, 33 572, 573 37 573 92 584 92(4) 585 59 577 115 588 116 589 58 577 22 570 60 577 59 577 75(3) 580 62 577 61 577 69 1 578 1368 Index to Acts. Trade Marks Act 1905 — continued. Associated trade marks, assignment and transmission of certain marks may be registered as series of marks to be registered as user of Association of persons, included in terra person of workers may register worker's trade mark not authorized by Act to do things previously unlaw- ful . . undertaking examination of goods, trade mark of Certificate of Registrar, primd facie evidence . . registration of trade mark, issue of cancellation or amend- ment of validity of registration of a trade mark, grant of, by Court Certified copies, admissibility in evidence of . . of entries in Register, supply of Classes of goods, may be prescribed . . may be struck out from registration of a trade mark trade mark must be registered for particular goods or Colour, trade mark may be limited to particular not limited as to, to be deemed registered for all colours Combination: of persons, not authorized by Act to do things pre- viously unlawful Common law, application of Common to the trade, certain matter deemed to be disclaimer where trade mark contains matter registration of trade mark containing matter, confers no exclusive right to that matter State may be excepted from registration if trade mark common to the trade therein Commonwealth authority undertaking examination of goods, trade mark of Commonwealth Trade Mark, The — application of Part VIII. relating to authority of Minister necessary to authorize use of . . efpect of registration of infringement of Minister deemed proprietor of . . Minister may sue to protect penalty for importing goods to which applied registration of . . removal of, from Register unauthorized application of Copies of Register, making or tendering in evidence, wTitings falsely purporting to be See also Certified copies. Corporate body included in term person Correction of Register — alteration of names and addresses cancelling of registrations correction of errors entering disclaimers or memoranda striking out goods or classes of goods See also Rectification of the Register. Costs, Court may order on failure to lodge counter-statement or abandonment of application recovery of certain Registrar and Law OflScer may order Section. Page. 60 577 29 571 3 565 30 572 4 565 75 580 75 580 22 570 111 587 47 576 68 (2) 578 100 586 66 578 65 677 23 570 68 578 23 670 21 570 21 570 76 581 5 566 24(2) 571 24(1) 570 8 (5), 9 (6) 567, 568 8 (5), 9 (6) 567, 568 22 570 78 581 82 582 80 582 80 (2), 83 582 80(1) 682 80 (3) 582 84 582 79 581 85 583 81 582 67 578 4 565 68 578 68 578 68 578 68 578 68 578 95 685 41(2) 674 99 686 96 686 Index to Acts. 1369 Trade Marks Act 1905 — continued. Costs, security for, by opponent not residing in Australia CouDter-statement in answer to opposition See also Opposition. Court, appeal to, direct from Registrar, before hearing after hearing . . from Law Officer definition of incidental powers of . . rectification of Register by. See Rectification of the Register. Dairying industry, worker's trade mark not to apply to primary products of . . Death of party, continuance of proceedings in case of . . Deputy Registrar, appointment of Disability, declaration by person under Disclaimer, entry of, in Register of added matter of matter common to the trade of non-distinctive matter of parts not separately registered Discretionary powers, exercise of, by Registrar Disposing of dies, &c., for forging registered trade mark Distinctive, effect of user in rendering mark . . effect of colour in rendering mark . . disclaimer of matter in trade mark not Duration of registration of a trade mark Entry, false, in Register, penalty for making . . Equities, enforcement of . . Errors, correction of, by Registrar Essential particulars, additional matter to not necessary in trade marks registered under State Act not necessary in trade marks in use at com- mencement of Act registrable trade mark must contain what are Evidence, certificate of Registrar is prima facie certified copies admissible in of get up in action for infriagemen' . . Register is prima facie, of particulars entered there- in Register is conclusive (in absence of fraud) after five years . . tendering in, writing falsely purporting to be copy of Register Examination of goods, trade mark of authority undertaking Expiry of registration, notice of See also Renewal of registration. Extension of time, Registrar may allow Extracts (certified) from Register, admissible in evidence False representations to Registrar, penalty for making Falsely applying registered trade mark to goods applying worker's trade mark to goods representing that a trade mark applied to goods is regis- tered Falsification of Register, penalty for . . Fees to be paid in advance . . Firm included in the term person Forgery of registered trade mark, penalty for penalty for making dies, &c., for what deemed Goods, selling, &c., to which forgery of registered trade mark is applied . . . . . . . . . . . . Section. 46 41 35 46 34, 44 4 95 77 109 11 (3) 108 68 32 24 24 24 103 86 20 21 24 48 67 49(3) 68 17 8(3) 9(4) 15 16 111 66 53 60 51 67 22 55 105 66 101 86, 92 (4) 74 112 67 . 104 4 86 86 91 87 Page. 576 574 573 575 573, 574 565 585 581 587 568 687 578 572 570 570 570 586 583 570 570 570 575 578 575 578 569 567 567 569 569 587 578 676 575 675 578 570 676 686 578 686 583, 685 579 587 578 586 665 583 583 584 583 1370 Index to Acts. Trade Marks Act 1905 — continued. Goods, BoUing, &c., to which registered trade mark is falsely ap- plied striking out of, from registration of a trade mark See also Importation of goods. Goodwill, apportionment of registered trade marks where, passes to more than one successor assignment of registered trade mark allowable only in connexion with Hearing, appeal from Registrar at, to Law Officer from Registrar at, direct to Court from Law Officer to Court of application and opposition Horticultural industry, worker's trade mark not to apply to primary products of . . Identical trade marks may be registered if registered under State Act may be registered if in use at commence- ment of Act may be registered in case of honest con- current user or special circumstances may not be registered unless by order of Court rival claims to, may be referred to Court . . Illegal design not to be used or registered as a trade mark Immoral design not to be used or registered as a trade mark Importation of goods, where worker's trade mark is falsely applied where Commonwealth Trade Mark is ap- plied where forgery of registered trade mark is applied where registered trade mark is falsely ap- plied Indictment, description of registered trade mark in Industrial law, application of the Commonwealth Trade Mark in relation to an what deemed an Infant, declaration by an . . Infringement of trade mark — action for, not allowable unless registered . . certificate of validity of registration in case of action for evidence of get up, &c., in action for what deemed to be Inspection of Register Intercolonial arrangements for protection of trade marks International arrangements for protection of trade marks Labour, fair conditions of, application of Commonwealth Trade Mark in relation to . . Law Officer, appeal to, from refusal, &c., to accept application . . appeal to, from decision of Registrar at hearing definition of . . powers of Living persons, names or representations of, only allowed in trade marks by consent Lunatic, declaration by Memorandum relating to a trade mark, entry of, in Register Name, entry of, in Register, does not affect right of owner of same name of living person, only allowed in trade mark by consent Notice of opposition. See Opposition. to registered proprietor of expiry of registration Opposition, abandonment of, on non-compliance with order for security for costs address for service to be stated in notice of appeal. See Appeal. Section. 87 59 58 577 43 574 45 575 44 574 42 574 77 581 8(4) 567 9(5) 567 28 571 25 571 27 571 114 588 114 588 74 579 Page. 84 88, 90 88, 90 93 78 78 (3) 108 52 100 53 53 64 116 115 78 34 43 4 96 19 (c), 26 108 68 49(2) 19 (c), 26 55 46 39 583 578 577 582 583 583 585 581 581 587 576 586 576 576 577 589 588 581 573 574 565 585 569, 571 587 578 575 569, 571 576 575 574 Index to Acts. l:{71 Section. Page. Trade Marks Act 1905 — continued. Opposition, counter-statement in answer to notice of . . 41 574 duplicate of notice of, to be sent to applicant 40 574 duplicate of counter-statement in answer to, to be sent to opponent 41 (3) 574 hearing of 42 574 lodging of notice of 38 574 security for costs in case of, where opponent does not reside in Australia 46 575 time for lodging 38 574 Party, continuance of proceedings in case of death of . . , . 109 587 Period of continuance of registration of trade mark 48 575 ' Person, includes body corporate or firm and any association of persons, bodies corporate or firms 4 565 undertaking examination of goods, trade mark of 22 570 Post, service by . . 106 587 Proceedings, continuance of, in case of death of party . . 109 587 for infringement of trade mark not to be instituted unless mark registered 52 576 Prohibition of importation — goods bearing Commonwealth Trade Mark 84 582 goods bearing forged trade mark 90 583 goods to which registered trade mark is falsely applied 90 583 goods to ^^■hich registered trade mark is applied with- out authority 90 583 Rectification of the Register — application to Court for 71 579 notice of application for, to be given to Registrar . . . . 71 579 po^\■ers of Court as to . . 71 579 Registrar may apply to Court for 71 579 Registrar to carry out orders for . . 73 579 See also Correction of Register. Register of Trade Marks — alterations of, by Registrar 68 578 certified copies of entries in 65, 66 577, 578 correction of. See Correction of Register, entry in, of particulars of registered trade marks . . 61 577 entry in, of disclaimers or memoranda relating to trade marks 68 578 entry in, of notifications of assignments and transmissions 61, 62 577 false entry in, penalty for making 67 578 inspection of . . 64 577 rectification of. See Rectification of the Register. removal of trade mark from, for non-payment of renewal fee. &c. 55 576 removal of trade mark from, for non-user. . 72 679 removal of worker's trade mark from 75(2) 580 restoration of trade mark to, in case where removed for non- payment of renewal fee 56 576 to be kept at Trade Marks Office 61 577 trusts not to be entered in 63 577 Registered proprietor of trade mark, rights conferred on. by registration . . 49-51 575 Registrable trade mark, requisites of 15, 16 569 must not contain certain words and re- presentations 18, 19 569 Registrar, alteration and correction of Register by 68 578 appointment of . . 11 568 definition of 4 565 Deputy, appointment of . . 11 (3) 568 exercise by, of discretionary po^vers 103 586 powers of, as to summoning witnesses, &c. . . 96 585 Registration, cesser of, under State Trade Marks Acts . . 7 566 of assignments and transmissions of registered trade marks 61, 62 577 1372 Index to Acts. Section. Page, Trade Marks Act 1905 — continued. Registration, right to, where trade mark registered under State Act 8 567 Registration of trade marks — appeal on refusal, &c., of. See Appeal. application for. See Application. associated trade marks. See Associated trade marks. cancellation or amendment of certificate of 68 578 certificate of, issue of . . 47 675 issue of new 68 578 validity of 100 586 date when made 47 575 disclaimer in relation to. See Disclaimer. duration of . . 48 575 efifect of 49, 50 575 after five years 51 575 identical marks. See Identical trade marks. must be for particular goods or classes of goods 23 570 op])osition to. See Opposition. particulars of trade mark to be entered in Register 61 577 period of 48 576 ^ene^^•al of. See Renewal of registration. rights conferred by 49 575 rival claims to, reference of, to Court 27 571 Regulations, po« er to make . . . . . . ' • . 94 585 " this Act " includes 4 565 Removal of trade mark from Register — by Registrar, in case of non-payment of renewal fee 55-57 576 proceedings for, in case of non-user 72 579 Registrar to carry out orders for . . 73 579 Renewal of registration, may be obtained on application 64 576 conditions precedent to 55 676 Rights conferred by registration 49-51 575 Royal Arms, trade mark must not contain representation of 19 569 penalty for using, without authority 113 588 Scandalous design not to be used or registered as a trade mark . . 114 588 Seal of Trade Marks Office . . 13 568 Selling goods to which forgery of registered trade mark applied . . 87 683 registered trade mark falsely applied 87 583 worker's trade mark falsely applied 74 579 Series of trade marks, registration of certain trade marks as a 31 572 marks registered as, deemed to be associated marks 31 (2) 572 Service, address for 107 587 by post, of applications, &c. . . 106 587 See also Address for service. Similar marks. See Identical trade marks. Standardization mark, registration of, by permission of Minister 22 570 State authority, undertaking examination of goods, trade mark of 22- 570 State Trade Marks Acts — continuance of application of, to trade mark registered under 6(a) 566 continuance of proceedings under ■6(6) 566 continuance of rights to registration under 6(c) 566 duration of continuance of registration under 7 566 rights of registration in case of trade marks registered imder 8 567 transfer of administration of, to Commonwealth 14 568 Status of unrenewed trade mark 57 576 Sub-Offices, establishment of. See Trade Marks Office. Time, extension of 105 586 for completion of application . . 37 573 for lodging notice of opposition 38 574 for lodging counter-statement . . 41 574 for renewal of registration 55 576 for restoration of trade mark to Register 56 676 period of, during which trade mark removed from Register deemed registered . . 57 676 iVade marks, additional matter to essential particulars of 17 569 Index to Acts. 1373 Trade Marks Act 1905 — continued. Trade marks, additions or alterations to, by leave of Court application of State Trade Marks Acta to apportionment of, in case of good-will passing to several successors assignment of. See Assignment of registered trade marks, associated. See Associated trade marks, cesser of registration of, under State Trade Marks Acts colour, effect of limitation as to Commonwealth. See Commonwealth Trade Mark, description of registered, in pleadings determinable with good-will essential particulars of registrable false application of, to goods falsely representing to be registered forgery of identical. See Identical trade marks, infringement of, proceedings for, not to lie unless registered infringement of, what deemed . . in use at commencement of Act, right to registration of .. intercolonial arrangements for protection of international arrangements for protection of must be registered for particular goods or classes of goods Register of. See Register of Trade Marks, registered, definition of . . registered under State Acts, right of registration under this Act Registrar of. See Registrar, registration of. See Registration of trade marks. removal of, from Register. See Removal of trade mark from Register, requisites of registrable scandalous, &c., designs, not to be used or registered as . . standardization user, effect of, as rendering distinctive ■when deemed applied to goods . . worker's. See Worker's Trade Mark. Trade Marks Office, establishment of . . establishment of sub-office seal of . . Transmissions of trade marks — allowable only in connexion with good- will allowable only as a whole in case of associated trade marks, notifications of, to Registrar registration of . . Trusts, not to be entered in Register notice of, not receivable by Registrar . . Unregistered trade mark — proceedings not to be instituted for infringement of, if regis trable right to registration of, if in use at commencement of Act User, effect of, as rendering trade mark distinctive effect of continuous, coupled with registration for five years removal of trade mark from Register in case no bond fide what may be accepted as Viticultural industry, worker's trade mark not to apply to primary products of . . Witness, Registrar and Law Officer may summon penalty for disobedience by . . C. 11128. —VOL. II. X Section. Page. 70 6, 7 69 7 21 93 58 16-19 86-92 112 86-92 52 53 9 116 115 23 15-19 114 22 20 92 12 12 13 58 60 62 69 63 63 52 9 20 51 72 30 77 96 97, 98 578 566 577 566 570 585 577 569 583-584 587 583-584 576 576 567 589 588 570 565 567 569 588 570 570 584 568 568 568 577 577 577 578 577 577 576 567 570 575 579 572 581 585 585 1374 Index to Acts. Section. Page. Trade Marks Act 1905 — continued. Worker, individual, may register worker's trade mark 75 580 Workers, association of, may register worker's trade mark 75 680 Worker's^^Trade Mark — assignment of, not allowed 75(3) 580 association of ^^'orkers may register 75 680 false application of, to goods, penalty for 74 579 individual worker may register . . 75 580 not applicable to certain primary productions 77 681 portions of Act not to apply to . . 75(4) 680 registration of . . 75 680 removal of, from Register 75(2) 680 requisites of . . 74 679 selling goods, &c., to Avhich falsely applied 74 679 substantially identical marks not to be registered as 75(6) 581 Trust Funds Advances Act 1910. Advance from the Trust Fund to revenue 2 487 Crediting of Advance 3 487 Repayment^of Advance 4 487 Trust Fund Advances Act 1910 (No. 2). Advance from Trust Fimd to revenue 2 488 Repayment of Advance to^Trust Fund 3 488 Reserves not to be affected^by Act . . 4 488 Wireless Telegraphy Act 1905. Act, not to^apply to ships of King's Navy 3 895 Appliances. See Wireless telegraphy. Australia, definition of 2 895 Court of Summary Jurisdiction — proceedings for offences against Act may^be instituted in 9(1) 896 punishment that may be imposed by 9(2) 896 Forfeiture of appliances used in contravention of Act . . 7 896 Licences, for stations for wireless telegraphy . . 5 895 Postmaster-General, exclusive privilege of, in relation to wireless telegraphy . . 4 896 Proceedings for offences 9 896 Regulations 10 896 Search-Marrant for unlawful wireless telegraphy appliances 8 896 Ships arriving from beyond Australia, control of wireless telegraphy appliances on 6 896 Wireless telegraphy, appliances for, on over-sea ships while in Aus- tralia, subject to control of Postmaster- General 6 896 definition of 2 895 exclusive privilege of Postmaster- General '■■ i as to 4 896 forfeiture of appliances unlawfully used for 7 896 licences to establish or use stations and appliances for 6 895 penalty for unlawfully establishing or using stations, &c., for 6 896 penalty for unlawfully using, on ships 6 896 Printed for the Government of the Commonwealth op Australia by Albert J. Mullitt, Qovernmeat Printer for the State of Victoria. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. FormL9-50m-9,'60(B3610s4)444 K 24.5 v.. Australia. Laws AD3c statutes, etc. 1912 Acts of the Farlj.arr.ent K 24.5 A93c 1912 V.2 [JC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 865 651