Legal Opinions

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51
51
DESERTERS FROM BRITISH SHIPS
WHETHER PROHIBITED, IMMIGRANTS
Alfred Deakin
10 March 1902
IMMIGRATION RESTRICTION ACT 1901, s. 3 : MERCHANT SHIPPING ACT 1894 (IMP.), ss. 223, 224

It is contended by the representatives of some of the shipping companies that deserters from British ships cannot be treated as 'prohibited immigrants' under the Immigration Restriction Act 1901, nor ...

52
52
IMPOSITION OF UNIFORM DUTIES OF CUSTOMS
DISPOSITION OF REVENUES BEFORE IMPOSITION AND DURING FIRST FIVE YEARS THEREAFTER
Alfred Deakin
26 March 1902
CONSTITUTION, ss. 89, 92, 93

In reference to my opinions of 26 September(1) and 6 February(2) last, the Minister for Trade and Customs asks: Do not sections 89 and 93 relate to distinctly different periods, and each exhaustivel...

53
53
COMMONWEALTH PROPERTY
LIABILITY FOR WATER RATES : PAYMENT ACCORDING TO FLOOR SPACE . POWER OF COMMONWEALTH TO LEGISLATE FOR SUPPLY OF WATER
Alfred Deakin
26 March 1902
CONSTITUTIONS. 114

The Mackay Water Authority has rendered a voucher for £12, being rates for the Custom House on 4,799 square feet at 5s per 100 square feet. The Sub-Collector on 3 March wrote informing the Town ...

54
54
DEFENCE FORCES
WHETHER COMMISSIONS GRANTED TO MILITARY OFFICERS PRIOR TO TRANSFER OF MILITARY FORCES TO COMMONWEALTH SHOULD BE ISSUED BY GOVERNOR-GENERAL OR STATE GOVERNORS : RETROSPECTIVE APPOINTMENTS
Alfred Deakin
26 March 1902

In the several States a number of commissions granted to military officers prior to the transfer of the Military Forces to the Commonwealth (1 March 1901) have not yet been issued. In some of the Stat...

55
55
CUSTOMS DUTY
WHETHER COMMONWEALTH HAS POWER TO IMPOSE DUTY ON GOODS BELONGING TO AND IMPORTED BY STATE GOVERNMENT : WHETHER IMPORT DUTY IS TAX ON PROPERTY
Alfred Deakin
03 April 1902
CONSTITUTION, ss. 51 (ii), (xxxi), 53, 55, 85, 93, 106, 107, 114 : INCOME TAX ACT 1842 (IMP.) : BRITISH NORTH AMERICA ACT 1867 (IMP.), s. 125 : CUSTOMS TARIFF ACT 1897 (CAN.)

The question is whether the Commonwealth can constitutionally impose import duties on goods belonging to and imported by the Government of a State. Section 114 of the Constitution provides as follows...

56
56
PRODUCTION OF TELEGRAMS
AUTHORISATION BY POSTMASTER-GENERAL IN INTERESTS OF JUSTICE
Alfred Deakin
04 April 1902
POST AND TELEGRAPH ACT 1901, s. 127

The Commissioner of Police at Perth, Western Australia has requested the Deputy Postmaster-General to let him have an original telegram forwarded over the signature of A.B. on 6 March from Fremantle t...

57
57
EXCISE DUTY
REBATE ON SUGAR FOR EMPLOYMENT OF WHITE LABOUR IN PRODUCTION OF SUGAR CANE : WHAT AMOUNTS TO WHITE LABOUR : ABORIGINES, HALF-CASTES
Alfred Deakin
04 April 1902
EXCISE TARIFF 1902

With reference to the provision of the Tariff which allows a rebate of excise duties on sugar 'on all sugar cane delivered for manufacture, and in the production of which sugar cane white labour only ...

58
58
TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER POSTMASTER-GENERAL HAS POWER TO LOP TREES ON STATE RAILWAY PROPERTY
Alfred Deakin
04 April 1902
POST AND TELEGRAPH ACT 1901, s. 87

The Postmaster-General asks to be advised whether section 87 of the Post and Telegraph Act applies to trees growing on the railway property of a State. Section 87 provides that such trees or underwood...

59
59
CUSTOMS DUTY
DATE OF IMPOSITION : RETROSPECTIVE LEGISLATION
Alfred Deakin
11 April 1902
CUSTOMS TARIFF 1902 : FINANCE ACT 1901 (IMP.).ss. 2, 3

The Customs Duties Bill(1) as at present drafted purports to impose duties of customs as from 8 October 1901. If it becomes law in that form I think that it must be conceded that the imposition of uni...

60
60
EXTERNAL AFFAIRS
POSITION OF COMMONWEALTH AND STATES IN RELATION TO INTERNATIONAL SANITARY CONVENTION : ADHERENCE : IMPLEMENTATION : COMMONWEALTH AS CHANNEL OF COMMUNICATION BETWEEN STATES AND OTHER POWERS : TRADE AND COMMERCE : QUARANTINE : SANITATION OF SHIPPING
Alfred Deakin
22 April 1902
CONSTITUTION, ss. 51 (i). (ix). (xxix), 98

The Prime Minister wishes to be advised what legal or constitutional difficulties if any exist to the adherence of the Commonwealth to the Venice International Sanitary Convention.(1) This matter is d...

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