Legal Opinions

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101
101
FREEDOM OF INTERSTATE TRADE
STATE PROHIBITION OF INTRODUCTION OF POULTRY : WHETHER COMMONWEALTH SHOULD ENFORCE WITHOUT JUSTIFICATION : POLICE POWERS OF STATES
Alfred Deakin
23 October 1902
CONSTITUTION, s. 92

The Acting Prime Minister: The Comptroller-General of Customs has received from the Department of Agriculture(1) a letter (dated 2 October 1902) in the following terms: I have the honour to inf...

102
102
CUSTOMS
CIRCUMSTANCES IN WHICH CONSOLIDATION OF SECURITIES IS PERMISSIBLE
Alfred Deakin
24 October 1902
CUSTOMS ACT 1901, ss. 42,44

The Minister for Trade and Customs: Messrs Burns Philp and Company on 14 July 1902 wrote the following letter to the Comptroller-General of Customs: Our Managing Director, Mr A.B. has just returne...

103
103
CUSTOMS
CRITERIA FOR ASSUMING CHARGE OF EXCISABLE GOODS IN TRANSIT : WHETHER SUGAR MAY BE STORED IN HULK PENDING TRANS-SHIPMENT : WHETHER HULK MA Y BE LICENSED AS LIGHTER
Alfred Deakin
29 October 1902
EXCISE ACT 1901, ss. 55, 58, 60

The Minister for Trade and Customs: The Adelaide Steamship Company Limited desire to be allowed to store temporarily in a hulk at Townsville sugar brought there under bond by small coasting vessels f...

104
104
AUDITOR-GENERAL
WHETHER OBLIGED TO INQUIRE INTO CLAIMANT'S ENTITLEMENT TO PAYMENT
Alfred Deakin
03 November 1902
Audit ACT 1901, s. 41

The Auditor General: The Auditor-General asks to be advised upon the following question: Is it consistent with the due discharge of the duties of the Auditor-General of the Commonwealth to accep...

105
105
CUSTOMS DUTY
WHETHER PROVISION FOR REFUND OF DUTY DEPOSITED IN CASE OF DISPUTE CONSTITUTES SPECIAL APPROPRIATION
Alfred Deakin
03 November 1902
AUDIT ACT 1901, s. 60 : CUSTOMS ACT 1901, ss. 167,168

The Treasurer The question has arisen how the amounts deposited for duty with the Collectors of the several States-amounting in all to £54857.4.5- should be dealt with. The Minister for Trade...

106
106
CUSTOMS DUTY
CLASSIFICATION OF GOODS : CHIEF OR PREDOMINANT USE
Alfred Deakin
11 November 1902
CUSTOMS TARIFF 1902

The Minister for Trade and Customs: Messrs J. Spicer and Sons have imported some unglazed blue double demy paper and contend that it is free of duty as printing paper in size not less than 20 x 25. ...

107
107
EXTERNAL AFFAIRS
CHANNEL OF COMMUNICATION WITH IMPERIAL GOVERNMENT : POSITION OF CONSULS : EXECUTIVE POWER OF COMMONWEALTH
Alfred Deakin
12 November 1902
CONSTITUTION, ss. 51 (i), (xxix), 61, 64, 70, 75 : ROYAL COMMISSIONS ACT 1902

The Prime Minister: In the memorandum of 23 September 1902(1), prepared by the Attorney-General of South Australia and forwarded by the Ministers of that State to the Lieutenant-Governor, in relati...

108
108
CUSTOMS DUTY
WHETHER PA YABLE ON DISCOUNT FOR CASH
Alfred Deakin
14 November 1902
CUSTOMS ACT 1901, s. 154

The Minister for Trade and Customs: The Minister for Trade and Customs has received from Mr A.B.C., warehouseman, Brisbane, the following letter (dated 24 October 1902): I have the honour to bring u...

109
109
CUSTOMS DUTY
WHETHER REFUNDABLE WHERE CLASSIFICATION PRACTICE BASED ON PATENT MISCONCEPTION OF LAW IS ALTERED
Alfred Deakin
18 November 1902
CUSTOMS ACT 1901, ss. 163, 166 : CUSTOMS TARIFF 1902

The Minister for Trade and Customs: The Minister for Trade and Customs asks for my opinion on the following points: As to duty on drills when coatings vestings or trouserings. Assuming thes...

110
110
CUSTOMS
PROPER MODE OF WAIVING FORFEITURE OF GOODS FOLLOWING CONVICTION : REMISSION BY GOVERNOR-GENERAL : PREROGATIVE OF MERCY
Alfred Deakin
18 November 1902
CUSTOMS ACT 1901, ss. 262, 264

The Minister for Trade and Customs: The Minister for Trade and Customs asks: Customs Act-What is the proper mode of waiving a forfeiture of goods following on a conviction (see section 262)? Se...

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