Legal Opinions

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181
181
FEDERAL EXECUTIVE COUNCIL
NATURE OF ORDERS IN COUNCIL AND OF EXECUTIVE MINUTES
H. B. Higgins
14 June 1904
COMMONWEALTH PUBLIC SERVICE ACT 1902. ss. 41. 76

The Public Service Commissioner asks to be advised on the following matter: A question has arisen whether the approval by the Executive Council of the creation or abolition of offices (section 41)...

182
182
CUSTOMS
WHETHER LAWFUL TO PROVIDE FOR APPLICATION OF PENALTIES AND FORFEITURES TO PURPOSES OTHER THAN REVENUE WITHOUT AUTHORITY OF GOVERNOR-GENERAL
H. B. Higgins
17 June 1904
CUSTOMS ACT 1901. s. 264 : COMMONWEALTH PUBLIC SERVICE ACT 1902. s. 78

The Auditor-General: The Auditor-General asks to be advised on the following question: Is it necessary for the authority of the Governor-General to be obtained under the provisions of section 78 ...

183
183
PUBLIC SERVANT
WHETHER REGULATION PROHIBITING POLITICAL ACTIVITY APPLIES TO STATE POLITICS
H. B. Higgins
17 June 1904
ACTS INTERPRETATION ACT 1901, ss. 21,32 : COMMONWEALTH PUBLIC SERVICE ACT 1902

The Prime Minister: Regulation 41 of the Commonwealth Public Service Regulations provides as follows: Officers not to take part in Politics. 41. Officers are expressly forbidden to publicly discuss...

184
184
SENATE
WHETHER SELECT COMMITTEE HAS POWER TO COMPEL EVIDENCE BY STATUTORY DECLARATION
H. B. Higgins
05 July 1904

The Chairman, Select Committee of the Senate on the case of Major J, W. M. Carroll: The Select Committee of the Senate appointed to inquire into and report upon the case of Major Carroll have asked fo...

185
185
HOUSE OF REPRESENTATIVES
WHETHER WITNESSES BEFORE SELECT COMMITTEE ARE PROTECTED
H. B. Higgins
05 July 1904

The Chairman, Select Committee of the House of Representatives on Electoral Act Administration: The Chairman of the Select Committee of the House of Representatives on Electoral Act Administration ask...

186
186
PROHIBITED IMPORTS
WHETHER GOODS IMPORTED INTO ONE STATE AND TRANSFERRED TO ANOTHER STATE WHERE IMPORTATION IS PROHIBITED ARE PROHIBITED IMPORTS INTO COMMONWEALTH
R. R. Garran
19 July 1904
CUSTOMS ACT 1901, ss. 52.55 : HEALTH ACT OF 1900 (QLDj. ss. 93, 103

The Comptroller-General of Customs: It appears that in February 1904 certain tea was transferred from New South Wales to Queensland, and on analysis in Queensland was found to be adulterated with 'l...

187
187
DEFENCE PURPOSES
187 EXTENT OF COMMONWEALTH CONTROL OVER RAILWAYS : RATES FOR CARRIAGE OF MEMBERS OF DEFENCE FORCES
H. B. Higgins
28 July 1904
CONSTITUTION, s. 51 (xxxii), (xxxiii)

The Prime Minister asks for my opinion on the point whether the power of legislation conferred on the Parliament by section 51, sub-section (xxxii) of the Constitution is sufficient to authorize the ...

188
188
CUSTOMS
CRITERIA FOR EXECUTION AND ENFORCEMENT OF STATE INSPECTION LAWS
R. R. Garran
06 August 1904
CUSTOMS ACT 1901. s. 27 : HEALTH ACT OF 1900 (QLD). s. 103

With reference to my opinion of 19 July 1904(1), the Comptroller-General of Customs asks to be further advised: Whether the State Act of Queensland (i.e. the Health Act of 1900) is operative in re...

189
189
PRODUCTION OF TELEGRAMS
WHETHER COMMONWEALTH SUBJECT TO SUBPOENAS BY ROYAL COMMISSIONS OR COURTS
H. B. Higgins
12 August 1904

On 11 July 1904 the Secretary, Postmaster-General's Department referred to the Secretary of this Department a question from the Deputy Postmaster-General, Western Australia, as to whether telegrams f...

190
190
ELECTIONS
EFFECT OF PERSONATION OF ELECTOR ON RIGHT TO ABSENT VOTE
R. R. Garran
15 August 1904
CONSTITUTION, s. 41 : COMMONWEALTH ELECTORAL ACT 1902, s. 139

A memorandum dated 2 August 1904 by the Chief Electoral Officer has been submitted to me for advice. The memorandum relates to regulation 14 of the Regulations of 19 October 1903, under the Commonwea...

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