Legal Opinions

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DEFENCE FORCES
WHETHER CROWN MAY DISCHARGE SOLDIER AT ANY TIME : WHETHER LIABLE FOR PAY FOR UNEXPIRED TERM OF ENGAGEMENT
Alfred Deakin
22 June 1903

The Ministerfor Defence: When the 5th Australian Commonwealth Horse were enlisted in April 1902, it was stated in General and District Orders that- The term of engagement is for one year, or, if the ...

142
142
CUSTOMS
WHETHER COLLECTOR MAY REQUIRE SECURITY FOR VALUE OF GOODS SEIZED BEFORE RELEASE : MEANING OF VALUE OF GOODS SEIZED
R. R. Garran
02 July 1903
CUSTOMS ACT 1901, s. 206

The Comptroller-General of Customs: By Customs Order 209 instructions have been given that when security is taken for goods delivered by the Customs, the amount of security is to be the value at the...

143
143
FREEDOM OF INTERSTATE TRADE
WHETHER STATE MAY PROHIBIT IMPORTATION OF GOODS
Alfred Deakin
16 July 1903
CONSTITUTION, s. 92 : CUSTOMS ACT 1901, s. 55 : THE CUSTOMS CONSOLIDATION ACT 1892 (W.A.), s. 32

The Minister for Trade and Customs: Section 32 of the West Australian Customs Consolidation Act 1892 prohibits the importation of (inter alia) 'Any article or goods, being a manufactured or natural pr...

144
144
NAVIGATION AND SHIPPING
WHETHER REGISTRATION DOCUMENTS SUBJECT TO STATE STAMP DUTY MERCHANT
Alfred Deakin
20 July 1903
SHIPPING ACT 1894 (IMP.), ss. 24,31, 32, 37, 721

The Minister for Trade and Customs: The State Collector, South Australia, has asked the Comptroller-General whether papers in connection with registration of shipping are subject to stamp duty. Sir G...

145
145
PUBLIC SERVANT
WHETHER COMMONWEALTH LIABLE FOR DEFALCATION BY ITS OFFICER WHILST CARRYING OUT STATE FUNCTIONS
Alfred Deakin
23 July 1903

The Treasurer: It appears that the officers of the Postmaster-General's Department in New South Wales still carry on the work of the State Government Savings Bank in the country districts, as they u...

146
146
CUSTOMS DUTY
WHETHER SHIP'S MAST-HEAD LAMP EXEMPT AS SHIPS' STORES
Alfred Deakin
31 July 1903
CUSTOMS ACT 1901, ss. 127,128,129,192 : CUSTOMS TARIFF 1902

The Minister for Trade and Customs In April 1903 Messrs Currie and Company of Melbourne tendered an export entry for one mast-head light, as 'ships' stores', ex bond. The warehousekeeper declined...

147
147
NAVIGATION AND SHIPPING
WHETHER COMMONWEALTH HAS POWER TO APPOINT SURVEYORS OF SHIPS : WHETHER STATES CONTINUE TO HAVE SUCH POWER
Alfred Deakin
07 August 1903
INTERPRETATION ACT 1889 (IMP.), s. 18 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 727

The Minister for Trade and Customs: Section 727 of the Merchant Shipping Act 1894 provides that the Governor of a British possession may appoint and remove surveyors of ships within the limits of the...

148
148
FREEDOM OF INTERSTATE TRADE
WHETHER STATE MAY IMPOSE WHARFAGE CHARGES ON INTERSTATE GOODS WHILE EXEMPTING DOMESTIC PRODUCE
Alfred Deakin
17 August 1903
CONSTITUTION, s. 92

The Ministerfor Trade and Customs: Mr Hartnoll, M.P. has written to the Minister for Trade and Customs a letter from which the following is an extract: Let me instance the fact that while the...

149
149
CUSTOMS
AUTHORITY TO PRESCRIBE RATES OF OVERTIME PAYABLE TO CUSTOMS OFFICERS
Alfred Deakin
26 August 1903
CUSTOMS ACT 1901, SS. 29, 270 : COMMONWEALTH PUBLIC SERVICE ACT 1902

The Auditor-General: The Auditor-General asks to be advised on the following questions: Are not officers in the Customs Department subject to the provisions of regulation 63 under the Public Servi...

150
150
CUSTOMS
WHETHER COMPTROLLER-GENERAL MAY RETURN FORFEITED GOODS TO OWNER, WITH OR WITHOUT CONDITIONS
Alfred Deakin
26 August 1903
CUSTOMS ACT 1901, ss. 208, 262, 264, 265

The Comptroller-General of Customs: The Comptroller-General asks for advice on the following questions: Does section 208 of the Customs Act empower the Comptroller-General to deal with goods which...

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