Legal Opinions

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ELECTIONS
EFFECT OF PERSONATION OF ELECTOR ON RIGHT TO VOTE
R. R. Garran
08 January 1906

The Secretary, Department of Home Affairs asks to be advised on the following question: An elector whose name appears on certified list of voters finds that another person has voted in his name-que...

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229
NAVIGATION AND SHIPPING
SOURCES AND EXTENT OF COMMONWEALTH POWER : EXTENT OF POWER TO MAKE LAWS FOR PEACE. ORDER, AND GOOD GOVERNMENT OF COMMONWEALTH : POWERS OF BRITISH COLONIES GENERALLY : EFFECT OF IMPERIAL STATUTE ON COMMONWEALTH POWER : REPUGNANCY : EXTRATERRITORIALITY : INTERPRETATION OF CONSOLIDATING STATUTE
R. R. Garran
15 January 1906
CONSTITUTION, ss.5I, 51 (i). 98 : COLONIAL LAWS VALIDITY ACT 1865 (IMP.) : MERCHANT SHIPPING ACT 1894 (IMP.). Parts I. II, III, V, VI, VIII, XI, XIII, XIV; ss. 264, 478. 713, 721, 735, 736

The Royal Commission on the Navigation Bill has forwarded, for consideration and reply, a memorandum by Mr R. E. Cunliffe, Solicitor to the Board of Trade, dated 14 October 1904(1), and has requested ...

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230
CUSTOMS
WHETHER COMMONWEALTH HAS POWER TO PROHIBIT SUNDAY WORKING OF VESSELS IN COASTING TRADE
Isaac A. Isaacs
30 January 1906
CUSTOMS ACT 1901, ss. 28. 179, 270

The Minister for Trade and Customs asks to be advised whether there is power (section 179 of the Customs Act 1901) to prevent or regulate Sunday working in any or all of the following cases: Bet...

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231
TOBACCO INDUSTRY
WHETHER COMMONWEALTH HAS POWER TO TAKE OVER MANUFACTURE OR IMPORTATION
Isaac A. Isaacs
30 January 1906
CONSTITUTION, s. 51 (i)

In your letter of 6 December 1905 you ask me, on behalf of the Select Committee of the Senate appointed to inquire into the existence of a tobacco monopoly, for my opinion on the following questions...

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232
PUBLIC SERVANT
WHETHER DISGRACEFUL OR IMPROPER CONDUCT OUTSIDE OFFICIAL DUTY AMOUNTS TO OFFENCE
R. R. Garran
06 February 1906
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46

The Secretary, Department of Home Affairs asks to be advised on the question stated in the following memo: The accompanying papers are forwarded for favour of advice as to the Departmental procedure w...

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233
CUSTOMS DUTY
WHETHER PROPER TO PAY DEPOSIT FOR DISPUTED DUTY INTO REVENUE
Isaac A. Isaacs
15 February 1906
AUDIT ACT 1901, s. 29 : CUSTOMS ACT 1901, s. 167

The Treasurer asks to be advised whether it would be legal to credit in the first instance to revenue deposits made under section 167 of the Customs Act 1901, with a view to refunding them afterwards ...

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234
EXTERNAL AFFAIRS
WHETHER COMMONWEALTH IS PROPER CHANNEL OF COMMUNICATION FOR DIPLOMATIC REPRESENTATIONS RELATING TO ACTIONS OF STATE GOVERNMENT
Isaac A. Isaacs
15 February 1906
CONSTITUTION, s. 51 (xxix)

These papers are transmitted for information with a despatch dated 7 December 1905 from the Secretary of State for the Colonies. The facts as now stated by Mr Lyttleton differ materially from the fac...

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235
ACQUISITION OF LAND
WHETHER STATE HAS POWER TO IMPOSE CONDITIONS ON GRANT
Isaac A. Isaacs
15 February 1906
CONSTITUTION, s. 51 (xxxi) . PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901. Part II; ss. 3. 5

The Commonwealth Government purchased from the W.A. Government, by way of exchange, a site for a Customs building at Derby, W.A. When the deed of grant to the Commonwealth came to hand it was found t...

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236
PROHIBITED IMPORTS
WHETHER COMMONWEALTH HAS POWER TO PREVENT INTRODUCTION OF CONTAGIOUS OR INFECTIOUS DISEASE : SCOPE OF QUARANTINE POWER
Isaac A. Isaacs
21 March 1906
CONSTITUTION, s. 51 (i), (ixj : CUSTOMS ACT 1901, ss. 52, 56

The following letter has been written to the Prime Minister: Sydney Labor Council. Trades Hall, Goulburn Street, Sydney 16 February 1906. Sir, I have the honour to inform you that members of the ...

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237
MACQUARIE AND KING ISLANDS
WHETHER PART OF COMMONWEALTH
Isaac A. Isaacs
29 March 1906
FISHERIES ACT 1889 (TAS.)

The Minister for Customs asks to be advised whether Macquarie Island, King Island and other islands more or less subject to the control of the various States form part of the Commonwealth. Both King...

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