Legal Opinions

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CUSTOMS
SECURITY FOR DUTY ON SHIPS' STORES : REMOVAL TO KING'S WAREHOUSE : BREAKING OF SEALS : CLEARANCE OF SHIP : PROSECUTION OF MASTER
Alfred Deakin
18 December 1901
CUSTOMS ACT 1901, ss. 119, 122

As regards the memo of the Comptroller-General of this date, I advise as follows: I approve of his alternative directions contained in the first paragraph, and numbered (a) to (e). As regards police c...

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COMMONWEALTH PROPERTY
LIABILITY TO STATE STAMP DUTY ON LEASE
Alfred Deakin
18 December 1901
CONSTITUTION, s. 114 : STAMP DUTIES ACT 1898 (N.S.W.), s. 4

This is a claim by the Commissioner of Stamps, Sydney, for stamp duty on the lease, from Sir Daniel Cooper to the Commonwealth, of the Federal Offices at 123 Macquarie Street, Sydney. I am asked to ad...

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COMMONWEALTH PLACES
WHETHER STATE LAWS APPLY
Alfred Deakin
23 December 1901
CONSTITUTION, s. 52 (i) : VERMIN DESTRUCTION ACT 1890 (VIC.)

Captain Harrison, the officer commanding the Port Fairy Detachment, Western Artillery, has been served with a notice under the Vermin Destruction Act 1890 to destroy all rabbits or other vermin within...

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FREEDOM OF INTERSTATE TRADE
WHETHER VIOLATED BY STATE ROYALTY ON TIMBER CUT ON CROWN LANDS FOR EXPORT
Alfred Deakin
23 December 1901
CONSTITUTION, ss. 86, 92 : CROWN LANDS ACT 1894 (TAS.)

Under the Pine Regulations of 28 August 1894, made under the Crown Lands Act 1894 (Tasmania), 54 Vic. No. 8, every person felling pine on Crown lands must have a license, and a royalty must be paid on...

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COMMONWEALTH OFFICER
TAXATION OF SALARY BY STATE
Alfred Deakin
13 January 1902
INCOME TAX ACT 1895 (VIC.) : INCOME TAX ACT 1896 (VIC.)

I am asked to advise on a circular letter from the Commissioner of Taxes, Victoria, to the Honourable the Postmaster-General, claiming that the officers of the Department are liable to pay income tax ...

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FINANCE
WHETHER MONEYS RECEIVED FOR DISPATCH OF TELEGRAMS, TO BE SUBSEQUENTLY PAID OUT TO CABLE COMPANY AND TO OTHER COUNTRIES, CONSTITUTE REVENUE: WHETHER MONEYS PAID INTO REVENUE IN ERROR CAN BE PAID OUT WITHOUT APPROPRIATION : WHETHER MONEYS PAID INTO TRUST FUND ACCOUNT CAN BE EXPENDED FOR PURPOSES OF FUND WITHOUT APPROPRIATION
Alfred Deakin
14 January 1902
CONSTITUTION, ss. 81, 83 : AUDIT ACT 1901, s. 61

In Victoria all moneys received for the dispatch of telegrams are credited in the first instance to revenue. Afterwards the proportion due to the Eastern Extension Company and to other countries is pa...

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TREATIES AFFECTING COMMONWEALTH AT FEDERATION
WHETHER TREATY BETWEEN UNITED KINGDOM AND JAPAN APPLIED TO QUEENSLAND BINDS COMMONWEALTH : WHETHER COMMONWEALTH BOUND BY AGREEMENT BETWEEN JAPAN AND QUEENSLAND : WHETHER COMMONWEALTH ACT INVALIDATED BY CONFLICT WITH IMPERIAL TREATY
Alfred Deakin
16 January 1902
IMMIGRATION RESTRICTION ACT 1901, s. 3

The material documents in this matter are: Treaty between Great Britain and Japan, signed 16 July 1894; especially Articles I, III and XIX. Protocol, 16 March 1897, setting out conditions of Que...

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COMMONWEALTH INSTRUMENTS
WHETHER LIABLE TO STATE STAMP DUTY
Alfred Deakin
20 January 1902

I am asked by the Right Honourable the Minister for Defence whether my opinion(1) that stamp duty is not payable on money orders issued by the Federal Government, is to be taken as covering the affixi...

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COMMONWEALTH PROPERTY
LIABILITY FOR RATES AND TAXES IMPOSED BY STATE AUTHORITIES : MUNICIPAL RATES : SPECIAL RATES : CHARGES FOR SERVICES RENDERED : POSITION WHERE COMMONWEALTH IS LESSEE
Alfred Deakin
20 January 1902
CONSTITUTION, s. 114

I have already given to the Right Honourable the Treasurer an opinion dated 1 August 1901(1) that the Commonwealth is not liable for rates and taxes assessed by municipalities upon Commonwealth proper...

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COMMONWEALTH INSTRUMENTS
WHETHER STATE STAMP DUTY PAYABLE ON RECEIPTS GIVEN TO COMMONWEALTH FOR SALARIES OR OTHER MONEYS
Alfred Deakin
21 January 1902

I am asked by the Honourable the Postmaster-General whether Commonwealth officers are required to affix duty stamps under State laws to receipts given by them to their Department, and whether all pers...

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