Legal Opinions

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HOUSE OF REPRESENTATIVES
WHETHER PERSONS WHO UNDER STATE LAW ARE ELECTORALLY DISQUALIFIED ON GROUNDS OF RACE UNLESS HAVING PROPERTY QUALIFICATION COUNT IN RECKONING QUOTA
J. H. Symon
23 November 1904
CONSTITUTION, ss. 24, 25 : ELECTIONS ACTS 1885-1911898 (QLD), s. 6

The Prime Minister asks to be advised whether, in reckoning the population of the State of Queensland, and of the Commonwealth, for the purposes of section 24 of the Constitution, aboriginal natives o...

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202
TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER COMMONWEALTH HAS POWER TO SUPPLY LINES AND APPARATUS FOR BURGLAR ALARMS
R. R. Garran
30 November 1904
CONSTITUTION, s. 51 (v) : POST AND TELEGRAPH ACT 1901, ss. 3, 80, 97

Submitted as to whether the proposed Regulations, purporting to empower the Postmaster-General to supply lines and apparatus for burglar alarms, are intra vires the Constitution and the Post and Teleg...

203
203
ROYAL ASSENT
WHETHER ATTORNEY-GENERAL, DESPITE BELIEF THAT BILL CONTAINS ULTRA VIRES PROVISION, SHOULD ADVISE GOVERNOR-GENERAL THAT ASSENT IS PROPER : ROLE OF GOVERNOR-GENERAL, HIGH COURT, ATTORNEY-GENERAL IN FEDERAL SYSTEM
J. H. Symon
14 December 1904
CONSTITUTION, s. 58 : COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904. s. 4

The Attorney-General presents his duty, and has the honour to submit the following observations upon the matters to which His Excellency directs the Attorney-General's attention, by memorandum of 10...

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204
COMMONWEALTH INSTRUMENTALITIES
WHETHER INCLUDE DEFENCE FORCE MESSES AND PRIVATE VOLUNTARY ASSOCIATION ENCOURAGED BY COMMONWEALTH GRANT : EXTENT OF IMMUNITY FROM STATE TAXATION
R. R. Garran
23 December 1904
THE REGISTRATION OF CLUBS ACT OF 1904 (QLD)

The Secretary, Department of Defence asks for advice on the question raised in the following extracts from a letter, Acting Commandant Q. to D.Q.M.G.: With reference to an Act to amend the Laws ...

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205
ACQUISITION OF LAND
WHETHER COMMONWEALTH SUBJECT TO STATE STAMP DUTY AND REGISTRATION FEE ON TRANSFER
R. R. Garran
12 January 1905

The Secretary, Department of Home Affairs, states that the practice in his Department has been to pay to the State of New South Wales the stamp duty and registration fee in the matters of transfers of...

206
206
TRADING WITH BELLIGERENTS
WHETHER SALE OF VESSEL TO SUBJECT OR RESIDENT OF BELLIGERENT STATE IS BREACH OF NEUTRALITY
J. H. Symon
19 January 1905
CUSTOMS ACT 1901, s. 119 : FOREIGN ENLISTMENT ACT 1870 {IMP.), ss.8,23

The Department of Trade and Customs has asked the Department of External Affairs for information as to what is expected of this Government in connection with the sale of vessels or the shipment of con...

207
207
SEAT OF GOVERNMENT
SOURCE AND EXTENT OF COMMONWEALTH POWER
R. R. Garran
19 January 1905
CONSTITUTION, ss. 51 (xxxi), (xxxix). 52, 85 (ii), 125 : PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901

HISTORY OF PROVISIONS The Constitution of the United States provides (Article 1, section 8, sub-section 17) that: The Congress shall have power to . . . exercise exclusive legislation in all cases...

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208
LIGHTHOUSES, LIGHTSHIPS, BEACONS, BUOYS
EXTENT OF COMMONWEALTH POWER
J. H. Symon
30 January 1905
CONSTITUTION, ss. 51 (i), (vii), 69

In view of the possibility of discussion on the subject at the approaching conference it is open to enquiry where the line is to be drawn between Commonwealth and State. The power of the Commonwealth ...

209
209
FREEDOM OF INTERSTATE TRADE
WHETHER STATE RAILWAY RATES FOR CARRIAGE OF GOODS MAY DISCRIMINATE BETWEEN DOMESTIC AND INTERSTATE TRADE
J. H. Symon
30 January 1905
CONSTITUTION, ss. 92,102

The practice in Western Australia of charging discriminating railway rates in favour of her own productions and against the productions of the other States was conversationally discussed at last week...

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210
AGRICULTURE
WHETHER COMMONWEALTH HAS POWER TO ESTABLISH DEPARTMENT OF AGRICULTURE : SCOPE OF POWER
J. H. Symon
30 January 1905
CONSTITUTION, s. 51 (i), (iii), (ix), (xi), (xviii), (xxxix)

The Prime Minister-There; can be no doubt of the power of the Commonwealth Parliament to establish a Department of Agriculture. The provisions of section 51, sub-section (iii) with respect to bountie...

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