Legal Opinions

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81
81
EUROPEAN RACE OR DESCENT
MEANING OF 'OR DESCENT'
Alfred Deakin
15 July 1902
IMMIGRATION RESTRICTION ACT 1901, s. 9

The phrase persons 'of European race or descent' occurs in section 9 of the Immigration Restriction Act 1901 and in regulation 13 under the Act. The State Collector for New South Wales reports that co...

82
82
INTOXICATING LIQUIDS PASSING INTO STATE
WHETHER LAW RELATING TO SPIRITS DISTILLED IN VICTORIA APPLIES TO SPIRITS PRODUCED IN OTHER STATES AND INTRODUCED INTO VICTORIA
Alfred Deakin
04 August 1902
CONSTITUTION, ss. 109, 113 : DISTILLATION ACT 1901. Part V : CUSTOMS AND EXCISE DUTIES ACT 1890 (VIC.) : LICENSING ACT 1890 (VIC.)

Messrs Joshua Brothers Proprietary Limited in a letter to the Minister for Trade and Customs state that by a provision of the licensing law of Victoria no spirits for purposes of human consumption may...

83
83
PROHIBITED IMMIGRANT
RECOVERY OF PENALTY AGAINST MASTER OF VESSEL
Alfred Deakin
11 August 1902
CONSTITUTION, covering cl. 5 : PUNISHMENT OF OFFENCES ACT 1901, s. 3 : IMMIGRATION RESTRICTION ACT 1901, ss. 7, 9, 10, 18 : JUSTICES ACT 1896 (VIC), s. 2

In connection with proposed proceedings against the master of the P & O steamship Australian under section 9 of the Immigration Restriction Act, the Crown Solicitor of Victoria has given an opinio...

84
84
CUSTOMS DUTY
WHETHER PAYABLE ON IMPORTED HULK ON BEING SOLD FOR BREAKING UP
Alfred Deakin
12 August 1902
CUSTOMS ACT 1901, s. 132 : CUSTOMS TARIFF 1902 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 742

Messrs Burns Philp and Company recently sold a hulk in Townsville to Messrs Murray and Hoare, the intention of the purchasers being to break her up. It appears that the Sub-Collector has demanded 25 p...

85
85
PROHIBITED IMMIGRANT
REFUSAL OF CLEARANCE TO MASTER OF VESSEL : DETENTION OF VESSEL CUSTOMS
Alfred Deakin
12 August 1902
ACT 1901, s. 122 : IMMIGRATION RESTRICTION ACT 1901, s. 10

With reference to my opinion of 19 May last(1) in connection with the refusal of a clearance to the ship Henry Failing, the Collector of Customs at Sydney has written to the Secretary, Department of E...

86
86
COMMONWEALTH PROPERTY
WHETHER COMMONWEALTH LIABLE FOR INTEREST ON MONEY DUE FOR SERVICES SUPPLIED
Alfred Deakin
15 August 1902
MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1890 (VIC), s. 116 : MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1897 (VIC), s. 6

The Melbourne and Metropolitan Board of Works has sent in an account against the Commonwealth for 8s Id for interest at 5 per cent, from 6 January 1902 to 5 April 1902 (date of payment of principal) o...

87
87
COURTS-MARTIAL
POWER OF GOVERNOR-GENERAL TO CONVENE AND CONFIRM FINDINGS
Alfred Deakin
18 August 1902
ARMY ACT (IMP.), ss. 122, 176, 177, 190

In this matter I advised, on 2 June 1902(1), that neither the Constitution, the Letters Patent constituting the office of Governor-General, nor the Commission of His Excellency, constituted an authori...

88
88
CUSTOMS DUTY
WHETHER, WHERE WESTERN AUSTRALIAN DUTY IS HIGHER THAN UNIFORM DUTY, IT IS PERMISSIBLE NOT TO COLLECT HIGHER DUTY IF LIKE GOODS ARE NOT PRODUCED IN AUSTRALIA . WHETHER DATE OF IMPOSITION OF UNIFORM DUTIES IS DATE OF IMPOSITION BY LAW OR OF EARLIER COLLECTION UNDER EXECUTIVE AUTHORITY : WHETHER RECEIPTS FROM WESTERN AUSTRALIAN STATE TARIFF ARE PART OF NET REVENUE OF COMMONWEALTH : RETROSPECTIVE LEGISLATION
Alfred Deakin
19 August 1902
CONSTITUTION, ss. 70, 81, 86, 87, 89, 95 : CUSTOMS ACT 1901 : CUSTOMS CONSOLIDATION ACT 1892 (W.A.),s. 115

On 14 February I gave an opinion(1) that under section 95 of the Constitution where the West Australian duty was higher than the uniform duty imposed by the Federal Parliament, the higher duty is char...

89
89
CUSTOMS DUTY
STORES CONSUMED ON BOARD PUBLIC VESSEL : WHETHER NEW GUINEA GOVERNMENT VESSEL IS PUBLIC VESSEL AND PERMITTED TO SHIP STORES EX WAREHOUSE
Alfred Deakin
05 September 1902
CUSTOMS ACT 1901, Part VII

The State Collector, Queensland, on 6 August 1902, telegraphed to the Comptroller-General as follows: Is the New Guinea Government steam vessel Merrie England used as a patrol vessel amongst the Isla...

90
90
PROHIBITED IMMIGRANT
WHETHER AUTHORITY GIVEN TO COLLECTOR OF CUSTOMS TO AUTHORISE OFFICERS TO DETAIN VESSELS MAY BE EXERCISED BY ACTING COLLECTOR
Alfred Deakin
11 September 1902
ACTS INTERPRETATION ACT 1901, ss. 20, 32 : IMMIGRATION RESTRICTION ACT 1901, s. 10

The Minister for External Affairs has given to the Collector of Customs, New South Wales, an authority under section 10 of the Immigration Restriction Act 190 \ to authorise any Customs officer to det...

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