Legal Opinions

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161
MEMBER OF PARLIAMENT
WHETHER COMMONWEALTH PARLIAMENT HAS POWER TO DISQUALIFY MEMBERS OF STATE PARLIAMENTS FOR ELECTION TO COMMONWEALTH PARLIAMENT
James G. Drake
24 October 1903
CONSTITUTION, ss. 16. 34, 44 : COMMONWEALTH ELECTORAL ACT 1902, s. 96

The Prime Minister: Mr Arthur Griffith, M.L.A., of New South Wales, in a letter to the Prime Minister raises the contention that section 96 of the Commonwealth Electoral Act 1902- providing that no m...

162
162
EXTRADITION
SOURCE OF POWER : CHOICE OF PROCEDURES AVAILABLE
R. R. Garran
24 October 1903
CONSTITUTION, s. 51 (xxix) : EXTRADITION ACT 1903, ss. 6, 7

The Secretary, Department of External Affairs: The Extradition Bill had already passed both Houses when Mr Irvine's(1) communication was received, and has since been assented to. The question of the...

163
163
CUSTOMS DUTY
WHETHER COMMONWEALTH MAY BY REGULATION DEFINE SHIPS' STORES LIABLE TO DUTY
James G. Drake
17 November 1903
CUSTOMS ACT 1901, s. 127 : CUSTOMS TARIFF 1902

The Minister for Trade and Customs : It appears that under section 127 of the Customs Act 1901 it has been the practice under the Federal Tariff to levy duty on all dutiable articles consumed by th...

164
164
ELECTIONS
WHETHER LATE NOMINATION VALID COMMONWEALTH
R. R. Garran
07 December 1903
ELECTORAL ACT 1902. ss. 101. 105

The Secretary, Department of Home Affairs: I have perused Mr Lewis' further telegrams of 5 December and today's date. The responsibility of declaring who is duly nominated rests with the Divisional ...

165
165
SENATE ELECTIONS
WHETHER COMMONWEALTH HAS POWER TO RESTRICT COMMONWEALTH ELECTORAL OFFICER TO CASTING VOTE
R. R. Garran
12 December 1903
CONSTITUTION, ss. 8, 41 . COMMONWEALTH ELECTORAL ACT 1902, ss. 161. 174

The Secretary, Department of Home Affairs: Mr F. L. Outtrim, the Commonwealth Electoral Officer for the State of Victoria, has written to the Chief Electoral Officer directing his attention to sect...

166
166
DEFENCE FORCES
EXTENT TO WHICH AUSTRALIAN TROOPS SERVING ABROAD ARE SUBJECT TO COMMONWEALTH OR IMPERIAL LAW
James G. Drake
18 December 1903
DEFENCE ACT 1903. ss. 55.86,87.98.106 : ARMY ACT (IMP.), ss. 122,177

The Minister for Defence: With regard to the legal position of troops raised in the Commonwealth for service abroad with the Imperial Forces, the Minister for Defence asks to be advised upon the fol...

167
167
IMMIGRATION
WHETHER FOREIGN PEARLERS UNDERTAKING VOYAGES ORIGINATING AND TERMINATING IN COMMONWEALTH ARE SUBJECT TO IMMIGRATION LAWS
James G. Drake
18 December 1903
CONSTITUTION, covering cl. 5 : IMMIGRATION RESTRICTION ACT 1901, s. 3

The Prime Minister: The Prime Minister asks to be advised on the following matter: Certain Asiatics were admitted to the Commonwealth before any Restriction Acts came into force, and they then sign...

168
168
PARLIAMENT
EXTENSION OF TIME FOR RETURN OF WRITS . WHETHER PERIOD FOR SUMMONING PARLIAMENT RUNS FROM ORIGINAL RETURN DATE OR EXTENDED DATE
James G. Drake
05 January 1904
CONSTITUTION, s. 5 : COMMONWEALTH ELECTORAL ACT 1902, ss. 86, 89, 91, 168

The Prime Minister: The Commonwealth Electoral Act 1902 gives power to extend the time named, in writs for the election of members of the House of Representatives, for the return of the writs. The...

169
169
PETITIONS
WHETHER PUBLIC SERVANT MAY PETITION GOVERNOR-GENERAL : SUBJECT'S RIGHT TO PETITION CROWN FOR REDRESS
James G. Drake
08 January 1904

The Public Service Commissioner asks for advice on the question raised in the following minute: On 17 August 1903, the Crown Solicitor furnished an opinion on this case at the instance of the Comptr...

170
170
BRITISH SUBJECT
WHETHER INCLUDES PERSON OF BRITISH DESCENT BORN IN FOREIGN COUNTRY
R. R. Garran
18 January 1904
NATURALIZATION ACT 1903, s. 3 : THE BRITISH NATIONALITY ACT 1730 (IMP.) . THE BRITISH NATIONALITY ACT 1772 (IMP.)

The Secretary, Department of External Affairs: The Secretary, Department of External Affairs, asks to be advised whether a person born in the United States of America, of British parents who marrie...

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