Legal Opinions

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REFERRED MATTERS
WHETHER RESOLUTION OF BOTH HOUSES OF STATE PARLIAMENT SUFFICIENT OR LEGISLATION NECESSARY
Isaac A. Isaacs
27 August 1906
CONSTITUTION, s. 51 (xxxvii)

The Prime Minister desires to be informed whether the passing of resolutions by both Houses of the W.A. Legislature is a reference by the 'Parliament' of that State such as is contemplated by Constit...

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259
EXCISE
WHETHER COMMONWEALTH HAS POWER TO REGULATE USE OF METHYLATED SPIRITS
R. R. Garran
04 September 1906
CONSTITUTION, s. 51 (ii) : EXCISE TARIFF 1906 (No. 20 of1906) : SPIRITS ACT 1906

Clause 15 of the Spirits Bill proposes to enact that: A person shall not- sell or have in his possession any illicit methylated spirits; or after the first day of January, One thousand nine hundr...

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260
ACQUISITION OF LAND
SCOPE OF POWER AND MEANS OF EXERCISING
Isaac A. Isaacs
14 September 1906
CONSTITUTION, s. 51 (xxxi) : PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901, ss. 3, 5, 6, 49: LANDS ACQUISITION ACT 1906, ss. 5. 6, 13, 15, 16, 17, 21, 26. 27, 62, 63 : PUBLIC WORKS ACT 1900 (N.S.W.) : NEW SOUTH WALES CONSTITUTION ACT 1855 (IMP.), s. 2

The Prime Minister forwards for my consideration a memorandum by Mr C. G. Wade, Attorney-General of New South Wales, upon the provisions of the Eminent Domain Bill (now before the House of Representat...

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261
PROHIBITED IMPORTS
WHETHER COMMONWEALTH HAS POWER TO PREVENT INTRODUCTION OF MICRO-ORGANISM CAPABLE OF CAUSING ANIMAL DISEASE
Isaac A. Isaacs
22 September 1906
CONSTITUTION, s. 51 (i), fix) : CUSTOMS ACT 1901, ss. 50,52,56,236

The Minister for Trade and Customs asks to be advised on the following questions: What is the power of the Commonwealth in relation to the proposed introduction of a micro-organism capable of pro...

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262
MEMBER OF PARLIAMENT
WHETHER RESIDENTIAL QUALIFICATION MAY BE FULFILLED AT ANY TIME BEFORE ELECTION
Isaac A. Isaacs
22 September 1906
CONSTITUTION, s. 34

The following question has been submitted to me by the Minister for Home Affairs, for advice: A candidate born in the Commonwealth where he resided for fifteen years, goes to a foreign country (or an...

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263
AUDITOR-GENERAL
POWER TO INVESTIGATE MINISTERIAL DISCRETION AFFECTING COLLECTION OF REVENUE : SCOPE OF POWERS AND RESPONSIBILITIES
Isaac A. Isaacs
03 October 1906
AUDIT ACT 1901, s. 45 : CUSTOMS ACT 1901, ss. 139, 140

The accompanying file has been referred to me by the Minister for Trade and Customs for advice as to how far the audit inspection should go in regard to the internal administration of the Customs Depa...

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BOUNTIES
WHETHER REBATES BY STATE OF PILOTAGE DUES TO SHIPS BUNKERING WITH COAL PRODUCED IN THAT STATE AMOUNT TO : WHETHER SUCH REBATES VIOLATE FREEDOM OF INTERSTATE TRADE : WHETHER COMMONWEALTH HAS POWER TO RESTORE EQUAL TREATMENT
Isaac A. Isaacs
06 October 1906
CONSTITUTION, ss. 90.92 : THE NAVIGATION ACT OF 1876 {QLD). s. 4

Further particulars (see my opinion of 9 July 1906(1)) are now furnished as to the rebates of pilotage dues allowed by the Queensland Government to shippers of Queensland coal-with reference to which ...

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265
NATURALIZATION
CONSIDERATIONS REGARDING PROPOSED IMPERIAL SCHEME
R. R. Garran
08 October 1906
CONSTITUTION, s. 34 : NATURALIZATION ACT 1903, ss. 4, 5, 8, 9, 10, 11

The Secretary of State for the Colonies has asked for the views of the Commonwealth Government on the recommendations of the Inter-departmental Committee appointed by the Secretary of State for the ...

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266
MURRAY RIVER WATERS
EFFECT ON COMMONWEALTH OF AGREEMENT BETWEEN STATES
Isaac A. Isaacs
08 October 1906
CONSTITUTION, ss. 51 (i), 92.98.100

The Minister for Home Affairs asks to be advised as to the constitutional position of the Commonwealth with respect to the resolutions (with the papers) regarding the distribution of the waters of the...

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267
EXTERNAL AFFAIRS
CHANNEL OF COMMUNICATION WITH IMPERIAL GOVERNMENT : CLAIM BY QUEENSLAND RESIDENT AGAINST UNITED STATES GOVERNMENT
Isaac A. Isaacs
12 October 1906
CONSTITUTION, s. 51 (xxix)

Mr G. J. Benjamin, a resident of Queensland, left Queensland for the United States in March 1905, but was refused admission on account of alleged disease of the eye. He returned to Australia, and wrot...

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