Legal Opinions

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NAVIGATION AND SHIPPING
POWER OF FEDERAL PARLIAMENT TO MAKE LAWS WITH RESPECT TO REG
Alfred Deakin
09 May 1902
CONSTITUTION, ss. 51 (i), 98

The questions asked relate to the powers of the Commonwealth as to: Regulation of gear. Liability of stevedores. All shipping except that trading only within a State is subject to the trade...

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62
CUSTOMS
WHETHER MEN-OF-WAR AND TROOPSHIPS ARE SUBJECT TO REPORTING AND CLEARANCE : WHETHER STORES ON BOARD ARE LIABLE TO DUTY
Alfred Deakin
12 May 1902
CUSTOMS ACT 1901 : CUSTOMS TARIFF 1902

The Minister for Trade and Customs asks to be advised as to: The duty of troopships and men-of-war to report and clear. The liability of any goods thereon to duty. I am of opinion that the provis...

63
63
CUSTOMS
WHETHER REMOVAL OF ORIGINAL BRANDS FROM BOXES DURING TRANS-SHIPMENT AT AUSTRALIAN PORTS CONSTITUTES INTERFERENCE
Alfred Deakin
14 May 1902
CUSTOMS ACT 1901, ss. 30, 31, 33

The Acting Premier of New Zealand asks the Prime Minister to inform him whether any Commonwealth law exists forbidding removal of original brands from boxes containing New Zealand butter whilst being ...

64
64
JEWELLERY VENDORS AND GOLD BUYERS
WHETHER COMMONWEALTH HAS POWER TO LEGISLATE FOR REGISTRATION AND LICENSING OF
Alfred Deakin
16 May 1902

The Secretary of the Working Jewellers' Society, Melbourne, asks for consideration of the question of legislation for the registration and license of jewellery vendors and gold buyers, 'with the objec...

65
65
PUBLIC SERVANT
WHETHER SALARY CAN BE PAID BY TREASURY BEFORE APPOINTMENT BY GOVERNOR-GENERAL : POWER OF PAYING OFFICERS OF DEPARTMENTS : AUDITOR-GENERAL'S DUTY TO SURCHARGE TREASURER AND REPORT TO PARLIAMENT : RETROSPECTIVE APPOINTMENT
Alfred Deakin
16 May 1902
CONSTITUTION, s. 67 : A UDIT ACT 1901, ss. 34,42, 51

The Auditor-General asks to be advised upon the following questions: Can civil servants' salaries be legally paid by the Treasury before their appointment by the Governor-General in Council, or the ...

66
66
QUEENSLAND'S TERRITORIAL WATERS
EXTENT : WHETHER COMMONWEALTH HAS CONTROL OVER FISHING IN AND BEYOND
Alfred Deakin
17 May 1902
CONSTITUTION, covering cl. 5; s. 51 (x) : THE QUEENSLAND COAST ISLANDS ACT OF 1879 (QLD) : COLONIAL BOUNDARIES ACT 1895 (IMP.)

In connection with Mr Salter's letter referring to the pearl fisheries of Thursday Island, the Minister for External Affairs asks to be advised on the following points: Has the extension of the boun...

67
67
CUSTOMS
WHETHER COMMONWEALTH LIABLE FOR REFUSAL TO GRANT CLEARANCE
Alfred Deakin
19 May 1902
CUSTOMS ACT 1901, ss. 118,122 : IMMIGRATION RESTRICTION ACT 1901, s. 3

On 11 March last a muster was held on the American ship Henry Failing, at Newcastle, New South Wales, under section 3 (k) of the Immigration Restriction Act 1901 when it was found that the Japanese co...

68
68
COURTS-MARTIAL
POWER OF GOVERNOR-GENERAL TO CONVENE AND CONFIRM FINDINGS
Alfred Deakin
02 June 1902
CONSTITUTION, s. 68: ARMY ACT (IMP), ss.48,54,122

The papers in this matter are sent to me for advice on the question of the power of the Governor-General to convene, and confirm the findings of, general courts-martial- with respect to troops raise...

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69
PREFERENCE TO ONE STATE OVER ANOTHER STATE
WHETHER CONTRACT FOR CARRIAGE OF MAILS BETWEEN WESTERN AUSTRALIA AND SOUTH AUSTRALIA INVOLVING PASSENGER AND FREIGHT SUBSIDIES AMOUNTS TO
Alfred Deakin
02 June 1902
CONSTITUTION, ss. 51 (i), (v), 99 : POST AND TELEGRAPH ACT 1901, s. 15

It is proposed to call for tenders for a new contract for the conveyance of mails between Esperance (Western Australia) and a port in South Australia. The proposed contract embodies certain conditions...

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INCONSISTENCY
IMMIGRATION LAWS OF COMMONWEALTH AND STATES : POSITION BEFORE AND AFTER ESTABLISHMENT OF FREEDOM OF INTERSTATE TRADE
Alfred Deakin
04 June 1902
CONSTITUTION, ss. 51 (xxvii), 92, 108, 109 : IMMIGRATION RESTRICTION ACT 1901 : IMMIGRATION RESTRICTION ACT 1898 (TAS.), s. 7

A Chinese holding a Tasmanian naturalization paper arrived from China in the Chingtu. No obstacle was placed in his way at Melbourne, where he was considered as exempted from the Immigration Restricti...

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