Legal Opinions

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CUSTOMS
OFFICE ACCOMMODATION ON WHARVES : CONSIDERATIONS APPLYING TO FAILURE OF WHARF-OWNER TO PROVIDE
Isaac A. Isaacs
29 March 1906
CUSTOMS ACT 1901, ss. 4, 19 : THE MARINE BOARDS ACT 1889 (TAS.)

The Marine Board at Hobart has been asked by the Customs authorities to provide office accommodation for the use of a Customs officer at the Dunn Street Pier, Hobart, a pier which is used as a wharf ...

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TREATIES AFFECTING COMMONWEALTH AT FEDERATION
EFFECT OF MOST FAVOURED NATION PROVISION IN TREATY BETWEEN UNITED KINGDOM AND JAPAN APPLIED TO QUEENSLAND
Isaac A. Isaacs
11 April 1906

The question whether the Treaty of 1894 between Great Britain and Japan still operates with respect to Queensland was dealt with by Mr Attorney-General Deakin in an opinion of 16 January 1902.(1) Mr...

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240
PUBLIC SERVANT
WHETHER FURLOUGH A LEGALLY ENFORCEABLE RIGHT
Isaac A. Isaacs
11 April 1906
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 71

The Public Service Commissioner forwards the following case for opinion: There are at present in the Commonwealth Public Service over 3,000 officers who are eligible for furlough by virtue of having ...

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241
REFERRED MATTERS
EXTENT OF POWER OF COMMONWEALTH TO REQUIRE MAINTENANCE OF INSANE BY RELATIVES RESIDENT INTERSTATE
Isaac A. Isaacs
11 April 1906
CONSTITUTION, s. 51 (xxxviij

The Premier of Western Australia has written the following letter to the Prime Minister: I desire to direct your attention to a minute received by me from our Inspector-General of the Insane (of whi...

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242
FINES AND PENALTIES
WHETHER REFUND OF FINE REMITTED BY GOVERNOR-GENERAL SUBJECT TO PARLIAMENTARY APPROPRIATION
Isaac A. Isaacs
11 April 1906
CONSTITUTIONS, ss. 81, 83

A. B., steward of the R.M.S. Sonoma, was fined £100 and costs at the Water Police Court, Sydney, in 1903, for attempted smuggling. The fine was paid into Consolidated Revenue. The Minister for ...

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243
TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER RECEIPT BY PRIVATE COMPANY OF MESSAGES FOR TRANSMISSION BY TELEGRAPH CONSTITUTES OFFENCE
Isaac A. Isaacs
05 May 1906
POST AND TELEGRAPH ACT 1901, ss. 3, 80

The Eastern Extension Company having refused to accept the conditions imposed by resolution of the Houses of the Parliament(1) upon the ratification of the Cable Agreement, the Postmaster-General no...

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244
EXTERNAL AFFAIRS
WHETHER COMMONWEALTH HAS POWER PURSUANT TO ITS TREATY OBLIGATIONS TO LEGISLATE WITH RESPECT TO MATTERS ORDINARILY WITHIN COMPETENCE OF STATES : SCOPE OF POWER : EFFECT OF TREATIES ON COMMONWEALTH AND STATE LAWS
Isaac A. Isaacs
05 May 1906
CONSTITUTION, s. 51 (i), (ii), (xv), (xvii), (xviii), (xix), (xxvi), (xxix), (xxxix)

The Prime Minister desires advice on the questions raised in the following memo from the Secretary, Department of External Affairs to the Secretary of this Department: I am directed by the Prime Mi...

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MEMBER OF PARLIAMENT
WHETHER QUALIFICATION FOR ELECTION AS SENATOR OR MEMBER OF HOUSE OF REPRESENTATIVES EXTENDS TO STATE OR DIVISION OTHER THAN THAT IN WHICH PERSON RESIDES
R. R. Garran
07 May 1906
CONSTITUTION, ss. 16,34,43,44

The Secretary, Department of Home Affairs asks to be advised whether a person otherwise qualified, within the meaning of sections 16, 34, 43 and 44 of the Commonwealth Constitution Act, to be elected...

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ELECTORAL ENROLMENT
WHETHER ELECTOR MAY BE ENROLLED BY ASSUMED NAME
R. R. Garran
09 June 1906

The Secretary, Department of Home Affairs asks to be advised on the question raised in the following minute by the Chief Electoral Officer: The Commonwealth Electoral Officer for Victoria submits the...

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HOUSE OF REPRESENTATIVES ELECTIONS
WHETHER PROPOSALS FOR DISTRIBUTION TABLED BUT NOT ADOPTED MAY BE REVIVED : LEGALITY OF ALTERATION OF NUMBER OF MEMBERS BY EXECUTIVE AUTHORITY
Isaac A. Isaacs
11 June 1906
COMMONWEALTH ELECTORAL ACTS 1902-1905, s. 21 : REPRESENTATION ACT 1905

The Minister for Home Affairs asks to be advised on the questions raised in the following minute by the Chief Electoral Officer: In August last the following question was submitted for the opin...

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