Legal Opinions

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MONEY ORDERS
WHETHER LIABLE TO STATE TAXATION ON ISSUE OR RECEIPT : NATURE OF POWER TO LEGISLATE WITH RESPECT TO
Alfred Deakin
21 August 1901
CONSTITUTION, ss. 51 (i), (ii), (v), (xii), (xiii), (xxxiv), 52 (ii), 92, 99, 114 : STAMP DUTIES ACT 1898 (N.S.W.)

Does this Act [Stamp Duties Act 1898 (N.S.W.)] authorise the taxation of postal money orders since the transfer of the Post Office to the Commonwealth- on issue at the rate of a penny; on the recei...

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CUSTOMS
WHETHER CONSTITUTIONAL TO PROVIDE FOR APPLICATION OF PENALTIES AND FORFEITURES TO PURPOSES OTHER THAN REVENUE
Alfred Deakin
21 August 1901
CONSTITUTION, s. 81 : AUDIT ACT 1901, s. 22 : CUSTOMS ACT 1901, s. 264

The question is whether clause 255 of the Customs Bill(1), which provides that 'all penalties and forfeitures recovered under any Customs Act shall be applied to such purposes and in such proportions ...

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ABORIGINAL NATIVES
WHETHER HALF-CASTES TO BE INCLUDED IN COUNT FOR RECKONING POPULATION
Alfred Deakin
29 August 1901
CONSTITUTION, s. 127

Section 127 of the Constitution makes a particular exception that in reckoning the numbers of the people of the Commonwealth or a State, 'aboriginal natives shall not be counted'. The rule as to the c...

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CUSTOMS
WHETHER COMMONWEALTH HAS POWER TO PREVENT REFILLING OF CIGAR BOXES : PROTECTION OF REVENUE : TRADE AND COMMERCE : TRADE MARKS
Alfred Deakin
06 September 1901
CONSTITUTION, s. 51 (i), Iii), (xviii). (xxxix)

I am asked whether Federal legislation prohibiting the refilling of cigar boxes, unless all brands and labels originally on the boxes have been effectually removed, would be ultra vires the Constituti...

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PRIVATE BILLS
WHETHER FEDERAL PARLIAMENT MAY ADOPT PRIVATE BILL PROCEDURE FOR CERTAIN CLASSES OF BILLS : POWER TO INCORPORATE : FEDERAL TERRITORIES
Alfred Deakin
09 September 1901
CONSTITUTION, ss. 51 (xiii), (xx), 122

The question of private bill procedure is one for the Federal Parliament. Whether the Parliament has power to legislate for the incorporation of companies generally is doubtful; see Quick & Garran...

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TELEGRAPHIC AND TELEPHONIC SERVICES
TELEPHONE WIRE COMING INTO CONTACT WITH ELECTRIC TROLLY WIRE : WHETHER COMMONWEALTH LIABLE FOR DAMAGE TO THIRD PARTY : INJURIOUS AFFECTION : POWER OF FEDERAL PARLIAMENT TO CONTROL STATE AUTHORITIES WITH RESPECT TO PUBLIC SAFETY
Alfred Deakin
11 September 1901
POST AND TELEGRAPH ACT 1901, Part VII

At the place where the accident occurred the trolly wire of the electric tram, the property of the Railway Commissioners of New South Wales, crosses under the overhead telephone wires of the Departmen...

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MEMBER OF PARLIAMENT
WHETHER SWEARING IN IS CONDITION PRECEDENT TO TAKING SEAT : YEARLY ALLOWANCE TO MEMBERS
Alfred Deakin
12 September 1901
CONSTITUTION, ss. 42,43, 44,48

On 12 June (Hansard, p. 947) Mr Cameron stated in the House that he had not been properly sworn in. It appears that on 9 May, before the members attended His Excellency the Governor-General to be swor...

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APPROPRIATION
WHETHER ORDINARY SERVICES OF GOVERNMENT INCLUDE NEW BUILDINGS AND ADDITIONS : SENATE'S POWER OF AMENDMENT IF INTRODUCED IN SEPARATE BILL
Alfred Deakin
26 September 1901
CONSTITUTION, ss. 53,54

The question is: Whether new buildings and additions to existing buildings should be included in the annual appropriation bill or a separate bill? Most of them will be in loan bills, but some wooden ...

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19
IMPOSITION OF UNIFORM DUTIES OF CUSTOMS
CREDITING OF EXCISE REVENUE
Alfred Deakin
26 September 1901
CONSTITUTION, ss. 89, 93

The question is: Where excise is paid, before the uniform tariff, on spirits made in Victoria, and after the uniform tariff the goods pass into New South Wales for consumption, to which State should t...

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FEDERAL JURISDICTION OF STATE COURTS
SOURCE AND NATURE : ACTIONS FOR COMPENSATION FOR LAND ACQUIRED BY COMMONWEALTH
Alfred Deakin
09 October 1901
CONSTITUTION, covering cl. 5; ss. 77, 78 / PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901, s. 59

Clause 58A of the Property Acquisition Bill(1) is to the effect that, until the establishment of the High Court, actions for compensation for land acquired by the Commonwealth, and all proceedings inc...

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