Legal Opinions

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171
TOBACCO INDUSTRY
WHETHER COMMONWEALTH HAS POWER TO ENGAGE IN MANUFACTURE : WHETHER COMMONWEALTH HAS POWER TO PROHIBIT MANUFACTURE
James G. Drake
17 March 1904
CONSTITUTION, s. 51

Senator Playford (1): You ask me 'Has the Commonwealth power to establish the manufacture of tobacco, cigars and cigarettes, close all present establishments, and prevent private persons in future m...

172
172
ELECTIONS
WHETHER SCRUTINEER MAY LAWFULLY DIVULGE WHO HAS VOTED : WHETHER DURING POLLING PRESIDING OFFICER MAY FORBID FURNISHING INFORMATION
R. R. Garran
26 March 1904
COMMONWEALTH ELECTORAL ACT 1902, ss. 174,183,184

The Secretary, Department of Home Affairs: The Secretary, Department of Home Affairs, asks whether a scrutineer who has signed the declaration required by regulation 19, and by the amendment thereto...

173
173
MEMBER OF PARLIAMENT
WHETHER CANDIDATE WHOSE ELECTION DECLARED VOID LIABLE TO REFUND PARLIAMENTARY ALLOWANCE
James G. Drake
31 March 1904
PARLIAMENTARY ALLOWANCES ACT 1902, s. 2

The Treasurer: The Auditor-General has forwarded to the Secretary to the Treasury the following observation upon the accounts of the House of Representatives: On Voucher B/69, included in this Rei...

174
174
SPEAKER OF HOUSE OF REPRESENTATIVES
WHETHER COMMONWEALTH MAY LEGALLY PAY FORMER HOLDER OF OFFICE FOR PERIOD BETWEEN DISSOLUTION AND MEETING OF NEW PARLIAMENT
James G. Drake
11 April 1904
CONSTITUTION, s. 35 : APPROPRIATION ACT 1903-4

The Auditor-General: The Auditor-General has queried reimbursement vouchers for payments to Sir F. W. Holder for salary paid to him as 'Speaker' from 24 November to 31 December 1903. He observes: ...

175
175
TRADING WITH BELLIGERENTS
WHETHER AUSTRALIA'S NEUTRALITY REQUIRES COMMONWEALTH TO INTERFERE WITH PRIVATE INDIVIDUALS
James G. Drake
11 April 1904

The Minister for Trade and Customs: The Comptroller-General of Customs has submitted the following minute to the Minister: I have instructed the Collector to allow vessels (Russian or otherwise) to...

176
176
EXTERNAL AFFAIRS
CHANNEL OF COMMUNICATION WITH IMPERIAL GOVERNMENT : RECOGNITION OF CONSULS
James G. Drake
15 April 1904
CONSTITUTION, s. 51 (xxix)

The Prime Minister: The Prime Minister asks for my views on the questions raised in the confidential Colonial Office despatch of 31 July 1903, with the file. Those questions appear to be: Whether ...

177
177
ELECTIONS
EFFECT OF PERSONATION OF ELECTOR ON RIGHT TO POSTAL VOTE
R. R. Garran
30 April 1904
CONSTITUTION, s. 41 : COMMONWEALTH ELECTORAL ACT 1902

The Secretary, Department of Home Affairs: The Secretary, Department of Home Affairs asks to be advised whether a Returning Officer is legally justified in rejecting a postal ballot-paper from a bon...

178
178
APPROPRIATION
WHETHER MONEY VOTED FOR SERVICE OF YEAR MAY BE APPLIED TO SATISFY OUTSTANDING LIABILITIES
H. B. Higgins
05 May 1904
AUDIT ACT 1901, s. 36 : APPROPRIATION ACT 1903-4 : APPROPRIATION (WORKS AND BUILDINGS) ACT 1903-4 : APPROPRIATION ACT 1901 (IMP.)

The Auditor-General: The Auditor-General asks to be advised on the following questions: Is the provision for ordinary votes under section 2 of Act No. 14 of 1903(1), and also that under section 2 ...

179
179
MEMBER OF PARLIAMENT
WHETHER CANDIDATE WHOSE ELECTION DECLARED VOID LIABLE TO REFUND PARLIAMENTARY ALLOWANCE
H. B. Higgins
20 May 1904
CONSTITUTION, s. 48 : PARLIAMENTARY ALLOWANCES ACT 1902, s. 2

The Treasurer: With reference to the late Attorney-General's opinion of 31 March 1904(1), it appears that Sir Malcolm McEacharn has instructed his solicitor (Mr J. C. Stewart) to pay the amount i...

180
180
NATURALIZATION
MEANING OF 'ABORIGINAL NATIVE'
H. B. Higgins
09 June 1904
NATURALIZATION ACT 1903, s. 5

The Minister for External Affairs: A.B.C., an Ottoman subject and a Syrian, applied for a certificate of naturalization and was informed that as he appeared to be a native of Syria he was disqualifi...

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