Legal Opinions

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BRITISH SUBJECT
WHETHER CROWN MAY TRANSFER ALLEGIANCE WITH CESSION OF TERRITORY : CONSEQUENCE OF FAILURE BY NATIVE OF HELIGOLAND TO OPT FOR BRITISH NATIONALITY
R. R. Garran
11 June 1908
ANGLO-GERMAN AGREEMENT ACT 1890 (IMP.)

The Secretary, Department of External Affairs forwards the following memorandum for advice: An application for naturalization has been received from A.B. of Rutherglen. He was born in Heligoland i...

82
309
CUSTOMS
WHETHER CONTRACTORS WITH COMMONWEALTH PROTECTED ON VARIATION OF DUTY
Littleton E. Groom
12 June 1908
CUSTOMS ACT 1901, s. 152

On 23 August 1907 the following opinion was given by the Crown Solicitor: A contract has been entered into for insulators and the duty has been raised by the new Tariff. The question is whether the...

83
310
FINANCE
WHETHER UNEXPENDED BALANCES OF REMITTANCES TO ENGLAND LAPSE WITH ANNUAL APPROPRIATION
Littleton E. Groom
19 June 1908
CONSTITUTION, ss. 89, 93 : AUDIT ACTS 1901-1906. ss. 36, 63

The following case has been forwarded to me by the Auditor-General for opinion: For some years past, I have, in my annual reports to Parliament, drawn attention to the fact that large remittances ha...

84
311
DEFENCE : EXTERNAL AFFAIRS
WHETHER STATES HAVE POWER TO FORBID LANDING OF FOREIGN TROOPS OR CREWS OF FOREIGN WARSHIPS
Littleton E. Groom
19 June 1908
CONSTITUTION, s. 51 (vi), (xxix)

These papers have again been forwarded for consideration-attention being drawn to the action taken in connection with the matter since my memo of 27 November 1907.(1) The action referred to is that fo...

85
312
TREATIES
WHETHER COMMONWEALTH MAY ADHERE IN RESPECT OF PARTICULAR STATES : WHETHER COMMONWEALTH HAS POWER TO LEGISLATE IN FULFILMENT OF TREATY OBLIGATIONS
Littleton E. Groom
19 June 1908
CONSTITUTION, s. 51 (xxix) : THE BRITISH NORTH AMERICA ACT 1867 (IMP.), s. 132

The following despatch from the Secretary of State for the Colonies has been referred to me for consideration: I have the honour to acknowledge the receipt of your Excellency's despatch of 18 Se...

86
313
ALIENS
WHETHER STATE HAS POWER TO ALTER LAWS RELATING TO
Littleton E. Groom
26 June 1908
CONSTITUTION, ss. 51 (xix). 107 : NATURALIZATION ACT 1903 : NATURALIZATION AND DENIZATION ACT OF NEW SOUTH WALES 1898 (N.S.W.), s. 4

The Secretary, Department of External Affairs asks to be advised whether section 4 of the New South Wales Act No. 21 of 1898, the Naturalization and Denization Act, has been affected by the Federal C...

87
314
FREEDOM OF INTERSTATE TRADE
WHETHER EXEMPTION OF OVERSEA VESSELS FROM PORT CHARGES BURDENS INTERSTATE TRADE
R. W. Best
26 June 1908
CONSTITUTION, s. 92

It appears that the Cairns Harbour Board has sent a circular to several of the oversea shipping companies, from which the following is an extract: My Board are endeavouring to obtain from the Governm...

88
315
CLERK OF THE PARLIAMENTS
WHETHER TITLE MAY BE ABOLISHED OR REASSIGNED
R. W. Best
26 June 1908
COMMONWEALTH PUBLIC SERVICE ACT 1902

The Prime Minister forwards to me for advice: A letter by the Clerk of the House of Representatives to the Speaker, pointing out that the duties of'Clerk of the Parliaments' are practically in rela...

89
316
LAWS IMPOSING TAXATION
WHETHER COMMONWEALTH HAS POWER TO REGULATE CONDITIONS OF LABOUR BY IMPOSING ADDITIONAL EXCISE DUTY ON DISTILLERS WHO FAIL TO OBSERVE PRESCRIBED INDUSTRIAL CONDITIONS
R. W. Best
04 July 1908
CONSTITUTION, s. 55 : EXCISE TARIFF 1906 (No. 20ofl906), s. 2

The Minister for Trade and Customs asks for advice on the question raised in the following memorandum by the Assistant Comptroller-General: On 14 November 1907 the Minister for Trade and Customs ap...

90
317
AUSTRALIAN FEDERAL SCHEME
CREATION OF CENTRAL GOVERNMENT : DISTRIBUTION OF POWERS AND FUNCTIONS BETWEEN COMMONWEALTH AND STATES : TRANSITION FROM DISUNION TO UNION
R. R. Garran
11 August 1908
CONSTITUTION covering cl. 3; ss. 9, 10, 12, 29. 30. 32. 51 (i), (ii). (xxxv), (xxxvi), 62, 64. 67, 69. 70; Chapter III; ss. 83, 84, 85, 92, 95, 107, 108. 109 : THE BRITISH NORTH AMERICA ACT 1867 (IMP.), ss. 91, 92

The subjects on which a memorandum(1)from this Department appears to be desired are: The experience of Australia with regard to the methods adopted in the creation of the central government an...

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