Legal Opinions

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ACQUISITION OF LAND
WHETHER TRANSFER SHOULD BE IN NAME OF KING OR COMMONWEALTH OF AUSTRALIA
Alfred Deakin
06 February 1902

Certain land at Cobram in the State of Victoria has been purchased by the Commonwealth as a site for a Post Office. The seller has executed a transfer of the land to the King, and now claims the purch...

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IMPOSITION OF UNIFORM DUTIES OF CUSTOMS
CREDITING OF CUSTOMS REVENUE
Alfred Deakin
06 February 1902
CONSTITUTION, ss. 89,93

The Auditor-General asks for my opinion upon the following question: Where duties of customs have been paid in any State of the Commonwealth before the imposition of uniform duties, and the goods upon...

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CUSTOMS
WHETHER DETENTION AND SALE OF GOODS BY STATE HARBOUR BOARD INTERFERES WITH CONTROL
Alfred Deakin
12 February 1902
CONSTITUTION, ss. 52 (ii), 69, 86, 90 : CUSTOMS ACT 1901, s. 33

A Bill has been introduced into the Legislative Assembly of Queensland to constitute a Harbour Board for the Harbour of Brisbane. The Bill provides that in case the harbour dues are not paid in respec...

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NATURALIZATION
WHETHER, PRIOR TO ESTABLISHMENT OF FREEDOM OF INTERSTATE TRADE, ALIEN NATURALIZED IN ONE STATE MAY PASS INTO ANOTHER STATE WITHOUT HINDRANCE
Alfred Deakin
14 February 1902
CONSTITUTION, ss. 108, 117, 118

The question is whether under section 117 of the Constitution a Chinese naturalized in Victoria is entitled to pass into New South Wales without being subjected to any hindrance occasioned by the Immi...

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EXECUTIVE GOVERNMENT OF COMMONWEALTH
WHETHER MINISTER HAS POWER OF TEMPORARY APPOINTMENT : POSITION OF CHIEF ELECTORAL OFFICER
Alfred Deakin
17 February 1902
CONSTITUTION, ss. 67, 70

In connection with the appointment of Mr George Lewis as Chief Electoral Officer of the Commonwealth the Auditor-General has raised the question whether such appointment ought not, under section 67 of...

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CUSTOMS DUTY
WHETHER STATE PURCHASING GOODS FROM BOND LIABLE
Alfred Deakin
20 February 1902
CONSTITUTION, s. 114 : CUSTOMS ACT 1901. s. 153: CUSTOMS TARIFF 1902

The Minister of Public Works of the State of New South Wales has purchased six hundred casks of cement in bond and asks for delivery of the cement free of duty. The State Attorney-General has given an...

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COMMONWEALTH OFFICER
WHETHER STATE OFFICER HAS POWER TO MAKE REQUISITION TO : DEMAND BY SOUTH AUSTRALIAN COMMISSIONER OF TAXES FOR RETURN BY COLLECTOR OF CUSTOMS
Alfred Deakin
21 February 1902
TAXATION ACT 1884 (S.A.)

The Deputy Commissioner of Taxes, South Australia, has forwarded to the Collector of Customs, Port Adelaide, a notice requiring him, in pursuance of the Taxation Act 1884 and the amendments thereof, a...

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SPECIAL APPROPRIATION
PARLIAMENTARY ALLOWANCES : PENSIONS OF TRANSFERRED OFFICERS : SALARIES OF GOVERNOR-GENERAL AND MINISTERS : PAYMENTS TO STATES AFTER CREDITING REVENUE AND DEBITING EXPENDITURE
Alfred Deakin
25 February 1902
CONSTITUTION, ss. 3, 48,51 (xxxvi), 66, 81, 83,84,89, 93 : A UDIT ACT 1901, s. 32

The Auditor-General asks for an opinion as to whether section 84 of the Constitution forms an appropriation sufficient to allow the issue of warrants under section 32 of the Audit Act 1901. At a first...

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CUSTOMS
SHIP ENTERING PORT WITH SEALS BROKEN
Alfred Deakin
25 February 1902
CONSTITUTION, coveringcl. 5; ss. 69, 86 : CUSTOMS ACT 1901, ss. 30, 31, 36, 51, 68-75, 127, 163, 187, 190, 191, 192

Before the Supreme Court of Victoria(1) the argument turned mainly on sections 192 and 127 of the Customs Act; and the chief arguments for the defendant were: that on the proper construction of sect...

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DESERTERS FROM FOREIGN SHIPS
WHETHER ARE PROHIBITED IMMIGRANTS OR SHOULD BE DEALT WITH ACCORDING TO TREATY : WHETHER COMMONWEALTH BOUND BY UNDERTAKING BY NEW SOUTH WALES THAT TREATY APPLIES : WHETHER COMMONWEALTH ACT IN CONFLICT WITH TREATIES BETWEEN GREAT BRITAIN AND UNITED STATES OF AMERICA AND GREAT BRITAIN AND GERMANY
Alfred Deakin
10 March 1902
IMMIGRATION RESTRICTION ACT 1901, ss. 3, 9 : CHINESE RESTRICTION AND REGULATION ACT OF IS88 (N.S.W.), s. 13 : IMMIGRATION RESTRICTION ACT 1898 (N.S.W.)

THE CARROLLTON In 1899 three coloured seamen deserted from the U.S. Ship Carrollton in the port of Newcastle, N.S.W. Under section 8 of the New South Wales Immigration Restriction Act, the ship was re...

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