Legal Opinions

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EXTRA TERRITORIALITY
WHETHER COMMONWEALTH HAS JURISDICTION OVER ACTS COMMITTED ON HIGH SEAS OUTSIDE TERRITORIAL WATERS : WHETHER COMMONWEALTH HAS POWER TO CREATE OFFENCE OF BRINGING SHIP INTO PORT WITH SEALS TAMPERED WITH
Alfred Deakin
11 October 1901
CONSTITUTION, covering cl.5: CUSTOMS ACT 1901, s. 192

The Consul-General for France expresses the opinion that certain provisions of the Customs Act 1901 extend the jurisdiction of the Commonwealth beyond the limits fixed by international custom, and by ...

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EXCISE DUTY
WHETHER CHARGEABLE ON GOODS MANUFACTURED OR GROWN BEFORE IMPOSITION
Alfred Deakin
15 October 1901
CONSTITUTION, s. 51 (ii)

The question is whether there is anything in the Constitution, or inherent in the nature of an excise, which requires that it should be charged only upon goods manufactured or grown after the impositi...

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EXPENDITURE ON TRANSFERRED DEPARTMENTS
OTHER EXPENDITURE OF COMMONWEALTH : COMPENSATION FOR PROPERTY ACQUIRED ON TRANSFER
Alfred Deakin
18 October 1901
CONSTITUTION, ss. 85 (iii), 87, 89, 94

The words 'incurred solely for the maintenance or continuance, as at the time of transfer, of any department transferred', are vague and general. It is not easy to draw a definite line of demarcation ...

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NAVIGATION AND SHIPPING
SOURCE OF POWER OF FEDERAL PARLIAMENT TO MAKE LAWS WITH RESPECT TO
Alfred Deakin
24 October 1901
CONSTITUTION, covering cl. 5; ss. 51 (i). 98 : CUSTOMS ACT 1901, ss. 175-191179 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 736

Section 736 of the Merchant Shipping Act 1894 provides that the legislature of a British possession may by Act regulate the coasting trade of the possession, subject to certain conditions which may be...

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TREATIES AFFECTING COMMONWEALTH AT FEDERATION
WHETHER COMMONWEALTH BOUND BY STATES' ADHERENCE TO INTERNATIONAL CONVENTION : WHETHER STATES ENTITLED TO SEPARATE REPRESENTATION AT INTERNATIONAL CONFERENCE
Alfred Deakin
28 October 1901
CONSTITUTION, ss. 69, 85 (iv)

The first question is whether at the approaching Telegraph Conference the States of the Commonwealth are entitled to separate representation, or whether the Commonwealth should be represented as a w...

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LIQUOR
RETENTION OF STATE POWER TO LICENSE SALE AFTER IMPOSITION OF UNIFORM DUTIES OF CUSTOMS : WHETHER LICENSING ACT IMPOSES EXCISE
Alfred Deakin
08 November 1901
CONSTITUTION, s. 90 : BEER EXCISE ACT 1901, s. 10: THE WINES, BEER, AND SPIRIT SALE ACT 1880 (W.A.).ss. 9, 39

Section 90 of the Constitution provides that on the imposition of uniform duties of customs (1) the power of the Federal Parliament to impose duties of excise shall become exclusive; and (2) all laws ...

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PARLIAMENTARY PRIVILEGE
WHETHER CONFERS RIGHTS OF PRECEDENCE ON PRESIDENT AND SPEAKER OF VICTORIAN PARLIAMENT
Alfred Deakin
26 November 1901
20 VIC. No. 1 (VIC), s. 1

The question of law, as to which the Right Honourable the Prime Minister desires my opinion, apparently is whether the President of the Legislative Council and the Speaker of the Legislative Assembly ...

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PARDONING POWER
APPLICATION TO SENTENCES BY COURTS-MARTIAL
Alfred Deakin
03 December 1901

The confidential circular dispatch of the Right Honourable the Secretary of State for the Colonies states that His Majesty's Government have recently had under their consideration the question of the ...

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MINISTER WITHOUT PORTFOLIO
WHETHER A RESPONSIBLE MINISTER OF THE CROWN
Alfred Deakin
09 December 1901

In response to a further query from the Right Honourable the Prime Minister I may add that whether Mr Crooke(1) is entitled to be considered a responsible Minister of the Crown is a difficult question...

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NAVIGATION AND SHIPPING
WHETHER FEDERAL PARLIAMENT HAS POWER TO LEGISLATE WITH RESPECT TO BILLS OF LADING
Alfred Deakin
12 December 1901
CONSTITUTION, ss. 51 (i), 98

The Perth Chamber of Commerce has passed resolutions protesting against the form of bill of lading adopted by the interstate shipping owners and praying that Federal legislation be adopted by which it...

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