Legal Opinions

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151
151
FEDERAL EXECUTIVE COUNCIL
WHETHER MINUTES OF MEETINGS MAY BE SIGNED FOR GOVERNOR-GENERAL
Alfred Deakin
31 August 1903
CONSTITUTION, s. 126

The Auditor-General: By Executive Minute dated 15 December 1902, His Excellency the Governor-General approved of authority being conferred on Senator the Hon. R. E. O'Connor, Vice-President of the E...

152
152
CUSTOMS DUTY
WHETHER REFUNDABLE WHEN COLLECTED UNDER INCORRECT PRACTICE
Alfred Deakin
02 September 1903
CUSTOMS ACT 1901, ss. 163. 166. 167

The Minister for Trade and Customs: The Minister for Trade and Customs forwards the following memorandum re section 166 of the Customs Act 1901: I will be glad to be advised as to the full meaning ...

153
153
DESERTERS FROM FOREIGN SHIPS
WHETHER LIABLE TO ARREST ON APPLICATION OF CONSUL
Alfred Deakin
08 September 1903
FOREIGN SEAMEN ACT 1898 (N.S.W.) : MERCHANT SHIPPING ACT 1894 (IMP.), s. 238

The Prime Minister: A difference of opinion exists between the Consul-General for France and the Government of New South Wales with respect to the course to be followed in apprehending deserters from...

154
154
CUSTOMS
WHETHER GOVERNOR-GENERAL HAS POWER TO REVOKE PROCLAMATION PROHIBITING EXPORT OF GOODS ISSUED BY GOVERNOR OF COLONY BEFORE FEDERATION
Alfred Deakin
14 September 1903
CONSTITUTION, ss. 52 [ii), 69, 70 : CUSTOMS ACT 1901, s. 112

The Prime Minister: The Administrator of the Government of Tasmania, by proclamation dated 21 August 1900, made under the State Customs Act 1897, section 187, prohibited the exportation from Tasmani...

155
155
TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER RECEIPT BY PRIVATE COMPANY OF MESSAGES FOR TRANSMISSION BY TELEGRAPH INFRINGES EXCLUSIVE PRIVILEGE OF POSTMASTER-GENERAL
Alfred Deakin
14 September 1903
POST AND TELEGRAPH ACT 1901, ss. 3,80

The Postmaster-General: The Postmaster-General asks to be advised on the questions raised in the following memo by the Secretary, Postmaster-General's Department: The accompanying papers contain a r...

156
156
FREEDOM OF INTERSTATE TRADE
WHETHER STATE MAY IMPOSE TONNAGE DUES ON INTERSTATE VESSELS WHILE EXEMPTING VESSELS TRADING WITHIN STATE
Alfred Deakin
21 September 1903
CONSTITUTION, s. 92 : MARINE ACT 1890 (VIC.)

The Minister for Trade and Customs: The State Collector has written the following minute to the Comptroller-General: There being considerable doubt as to whether certain vessels are liable to tonnage...

157
157
ELECTIONS
WHETHER COMMONWEALTH HAS POWER BY REGULATION TO EXTEND FACILITIES FOR VOTING FOR HOUSE OF REPRESENTATIVES
Alfred Deakin
21 September 1903
COMMONWEALTH ELECTORAL ACT 1902. ss. 138.139

The Minister for Home Affairs: The Chief Electoral Officer has asked for an opinion whether additional facilities may be provided by regulation to enable electors to vote at elections for members of ...

158
158
HIGH COURT
WHETHER JUSTICE DISQUALIFIED BY RECEIPT OF OR ELIGIBILITY FOR STATE PENSION
James G. Drake
29 September 1903
CONSTITUTION, s. 84 : JUDICIARY ACT 1903, s. 8

The Prime Minister: Section 8 of the Judiciary Act provides that: A Justice of the High Court shall not be capable of accepting or holding any other office or any other place of profit within the C...

159
159
EXCISE
WHETHER STATE MAY LICENSE BREWERS : WHETHER STATE LICENSING LAWS FOR BREWERS INCONSISTENT WITH COMMONWEALTH LAWS
James G. Drake
21 October 1903
CONSTITUTION, ss.90, 109 : BEER EXCISE ACT 1901, s.8 : LIQUOR ACT 1898 (N.S.W.), s. 71

The Minister for Trade and Customs: The State Government of New South Wales is demanding payment of licence fees from brewers, in terms of the New South Wales Liquor Act 1898, although such brewers ...

160
160
DESERTERS FROM FOREIGN SHIPS
WHETHER LIABLE TO ARREST ON APPLICATION OF CONSULAR AUTHORITY FOREIGN
James G. Drake
23 October 1903
SEAMEN ACT 1898 (N.S.W.) : MERCHANT SHIPPING ACT 1894 (IMP.), s. 238

The Prime Minister: In this matter, in which an opinion was given on 8 September 1903(1), the papers are returned with an intimation that the Prime Minister desires to have my views on the addition...

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