Legal Opinions

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191
191
PATENTS
WHETHER COMMONWEALTH HAS POWER TO ASSUME ADMINISTRATION OF STATE PATENT ACTS : SOURCE AND EXTENT OF POWER TO ASSUME CONTROL OVER RECORDS AND OTHER PROPERTY
H. B. Higgins
17 August 1904
CONSTITUTION, s. 51 (xviii), (xxxi) : PATENTS ACT 1903, s. 19

The Prime Minister has received a letter from the Premier of New South Wales, dated 5 August 1904, in the following terms: Referring to the action of the Federal Patents Authorities in endeavouring ...

192
192
MEMBER OF PARLIAMENT
WHETHER COMMONWEALTH HAS POWER TO SECOND OFFICER OF DEFENCE FORCE WHILE MEMBER
J. H. Symon
02 September 1904
CONSTITUTION, s. 44

The following is an extract from a minute of 17 August 1904 by the late Minister for Defence (Senator Dawson): I am strongly of opinion that all officers of the Commonwealth Defence Forces, no matte...

193
193
COMMONWEALTH INSTRUMENTS
WHETHER IMMUNE FROM STATE STAMP DUTY : WHETHER SUCH IMMUNITY EXTENDS TO DRAFTS BETWEEN BANKS ACTING FOR COMMONWEALTH
J. H. Symon
13 September 1904

The Treasurer refers to me, for advice, the following minute by the Secretary to the Treasury: The High Court having ruled that receipts for salaries given by Commonwealth officers are not subject t...

194
194
COMMONWEALTH OFFICER
WHETHER APPROPRIATION OF SALARY CONFERS LEGAL RIGHT TO RECEIVE AMOUNT APPROPRIATED
J. H. Symon
13 September 1904
COMMONWEALTH PUBLIC SERVICE ACT 1902, ss. 17, 18, 19, 20

The Treasurer asks for my opinion on the following case: Does a Parliamentary Vote confer a right on an officer (not in the Administrative Division) to receive the salary voted? For instance, it is ...

195
195
COMMONWEALTH PROPERTY
WHETHER COMMONWEALTH SUBJECT TO WATER AND SEWERAGE RATES : WHETHER COMMONWEALTH LIABLE FOR COST OF WATER AND SEWERAGE SERVICES RENDERED
J. H. Symon
21 September 1904
METROPOLITAN WATER AND SEWERAGE ACT OF 1880 (N.S.W.), ss.88,105

It appears that in November 1902, an arrangement was entered into between the Metropolitan Board of Water Supply and Sewerage (Sydney) and the Commonwealth, whereby the Board undertook to render water...

196
196
LIQUOR
WHETHER COMMONWEALTH HAS POWER TO PRESCRIBE DEGREE OF ALCOHOLIC CONCENTRATION OF SPIRITS
R. R. Garran
28 September 1904
CONSTITUTION, ss. 51 (ii). (xxxix). 52 (ii). 113 : DISTILLATION ACT 1901, ss. 6, 76

The Comptroller-General of Customs asks for advice on the question what is the minimum strength permitted for bottled colonial gin. Section 76 (i) of the Distillation Act 1901 enacts that no person ...

197
197
PUBLIC SERVANT
WHETHER DISGRACEFUL OR IMPROPER CONDUCT IS CONFINED TO MISCONDUCT IN DISCHARGE OF OFFICIAL DUTY : WHETHER ADULTERY IS SUBJECT FOR DISCIPLINARY ACTION
J. H. Symon
12 October 1904
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46

It appears that a Commonwealth officer in New South Wales has been joined as co-respondent in a divorce suit, and that a charge of adultery has been found against him. The Public Service Commission...

198
198
FREEDOM OF INTERSTATE TRADE
POWER OF STATE TO PROHIBIT BY REGULATION IMPORTATION OF GOODS
R. R. Garran
31 October 1904
CONSTITUTION, s. 92

According to a paragraph in the Melbourne Age of 20 October 1904, a Food Adulteration Bill before the Victorian Parliament contains a provision that the Governor in Council, on the recommendation of t...

199
199
PATENTS
WHETHER CORPORATION MAY HOLD
J. H. Symon
11 November 1904
ACTS INTERPRETATION ACT 1901, s. 22 : PATENTS ACT 1903, s. 32

The Commissioner of Patents has raised the question whether, under section 32(3) of the Patents Act 1903, a corporation may be a 'person' competent to make application for a patent. Section 22 of the...

200
200
TRADE MARKS
WHETHER COMMONWEALTH HAS POWER TO PROHIBIT SALE OF GOODS WITH FRAUDULENT TRADE MARKS
J. H. Symon
11 November 1904
CONSTITUTION, s. 51 (xviii), (xxxix) 200

The Minister for Trade and Customs asks to be advised on the following question: Is it within the powers of the Commonwealth Parliament to adopt legislation to prevent the sale, within the several ...

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