Legal Opinions

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298
SENATE ELECTIONS
WHETHER PROPER TO USE ROLLS IN EXISTENCE AT DATE OF WRIT CONSEQUENT UPON PARTIAL FAILURE OF ELECTION
Gordon H. Castle
18 January 1908

The Secretary, Department of Home Affairs: The following memorandum by the Chief Electoral Officer has been referred to me for advice: It is presumed that the election of one Senator for the ...

72
299
MEMBER OF PARLIAMENT
WHETHER SUCCESSFUL CANDIDATE AT VOID ELECTION ENTITLED TO ALLOW
Littleton E. Groom
13 February 1908
CONSTITUTION, ss. 48, 83

The following letter has been submitted to me for opinion by the Auditor-General: With reference to the undermentioned payments made for the periods stated, and referred to in the accompanying c...

73
300
FREED0M OF INTERSTATE TRADE
WHETHER STATE HAS POWER TO PROHIBIT INTRODUCTION OF LIVESTOCK FROM STATE SUSPECTED OF HAVING DISEASE
Littleton E. Groom
27 February 1908
CONSTITUTION, s. 92

Mr Frazer, M.H.R. has written to the Minister for Customs pointing out that the Governments of South Australia, Victoria and New South Wales have prohibited the introduction of horses and other stock ...

74
301
TREATIES AFFECTING COMMONWEALTH AT FEDERATION
WHETHER APPROPRIATE TO TERMINATE APPLICATION TO QUEENSLAND OF TREATY BETWEEN UNITED KINGDOM AND JAPAN
Littleton E. Groom
05 March 1908

The Prime Minister forwards to me a copy of the Secretary of State's despatch dated 17 January 1908, in reference to the Anglo-Japanese Treaty of 1894(1). He proposes to give twelve months' notice to ...

75
302
SURPLUS REVENUE OF COMMONWEALTH
NATURE OF LIABILITIES FOR WHICH COMMONWEALTH HAS POWER DURING TRANSITION PERIOD TO MAKE PROVISION BY APPROPRIATION TO TRUST FUND : WHETHER APPROPRIATION TO TRUST FUND MUST BE FOR SPECIFIC PURPOSE : WHETHER COMMONWEALTH HAS POWER TO DETERMINE TRANSITION PERIOD
Littleton E. Groom
19 March 1908
CONSTITUTION, ss. 51 (xxxvi), 81,87,89. 93, 94.105 : AUDIT ACTS 1901-1906, s. 62A

The following memorandum has been referred to me for an opinion: Would a vote 'To pay into the Harbour and Coastal Defences Account.................... £250,000' be constitutional, it being ...

76
303
MEMBER OF PARLIAMENT
WHETHER ELECTION SUBSEQUENT TO VOID ELECTION ENTITLES MEMBER TO PARLIAMENTARY ALLOWANCE FROM DATE SEAT BECAME VACANT : WHETHER PARLIAMENT HAS OTHERWISE PROVIDED'
Littleton E. Groom
04 April 1908
CONSTITUTION, ss. 48. 51 (xxxvi) : PARLIAMENTARY ALLOWANCES ACT 1902. s. 2 : PARLIAMENTARY ALLOWANCES ACT 1907

Senator Vardon was a candidate for election as a Senator for South Australia in an election held in 1906 to fill a place becoming vacant in 1907, and was returned as elected. The election was dispute...

77
304
COURTS-MARTIAL
WHETHER EMPOWERED TO SENTENCE SOLDIER TO DISMISSAL OR DISCHARGE FROM DEFENCE FORCE
R. R. Garran
06 April 1908
DEFENCE ACTS 1903-1904, ss. 97, 124

The following memorandum has been referred to me for advice: I am directed to ask your advice upon the following point with reference to the interpretation of sections 4 ('member'), 97 (a) and 124 ...

78
305
FINANCE
WHETHER COST OF DRAFT TO TRANSMIT FUNDS IS CHARGEABLE TO VOTE: WHETHER PROFIT ARISING OUT OF PURCHASE OF DRAFT IS REVENUE
Littleton E. Groom
04 May 1908
CONSTITUTION, s. 81

The Treasury has asked for my opinion as to whether the provisions of section 81 of the Constitution forbid the Treasurer from charging to the vote the amount expended in the purchase of a draft, whet...

79
306
AGRICULTURE
WHETHER COMMONWEALTH HAS POWER TO ESTABLISH AND APPROPRIATE REVENUE FOR DEPARTMENT OF AGRICULTURE
Littleton E. Groom
21 May 1908
CONSTITUTION, ss. 51 (i), (ii), (iii), (v), (viii). (ix), (xi), (xxvii), (xxix). 52 (ii). 69,81,86, 90, 98,122

The question naturally arises whether the Commonwealth has power to establish an Australian Bureau of Agriculture. It is submitted that ample power is contained in the Constitution to enact the necess...

80
307
CUSTOMS DUTY
WHETHER GOODS IMPORTED OR ISSUED FROM BOND FOR NAVAL DEPOT AND ROYAL NAVY SHIPS ARE DUTIABLE
Littleton E. Groom
05 June 1908
CUSTOMS TARIFF 1908

It having been brought to the notice of the Auditor-General that articles imported by and for the use of the British Navy or issued from bond for consumption on board His Majesty's ships or the Naval ...

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