Legal Opinions

Printer-friendly version Send by email PDF version
1
395
IMMIGRATION
WHETHER MEMBER OF SHIPS CREW ENTERING AUSTRALIA UNDER COMPULSION OF PROSECUTION AND IMPRISONMENT IS IMMIGRANT : EXTENT OF POWER TO COMPEL MASTER, OWNER, AGENT. CHARTERER TO PROVIDE PASSAGE FROM COMMONWEALTH
R. R. Garran
09 January 1911
CUSTOMS ACT 1901-1910. ss. 233. 233B : IMMIGRATION RESTRICTION ACT 1901-1910, s.8

The Comptroller-General of Customs forwards the following memorandum for advice: Question has arisen as to our power of deportation of Chinese and members of crews who may be prosecuted under above ...

2
396
PREFERENCE TO ONE STATE OVER ANOTHER STATE
WHETHER VARIATIONS IN POSTAGE RATES ARISING UNDER STATE LAWS ADMINISTERED BY COMMONWEALTH AMOUNT TO
R. R. Garran
26 January 1911
CONSTITUTION, ss. 99,108 : POST AND TELEGRAPH RATES ACT 1902 : POSTAL RATES ACT 1910

The Premier of the State of New South Wales has written to the Prime Minister in relation to the bringing into operation of the Postal Rates Act 1910. His letter is as follows: I have the honour t...

3
397
DUAL NATIONALITY
EFFECT ON LIABILITY FOR MILITARY TRAINING UNDER COMMONWEALTH LAW
R. R. Garran
31 January 1911
DEFENCE ACT 1903-1910, s. 125

Mr A.B. has written to the Minister for Defence as follows: I have just filled up my declaration for two of my sons re their Compulsory Military Service. As my sons were both born here and register...

4
398
EXCISE DUTY
WHETHER PAYABLE ON PROPERTY OF COMMONWEALTH
R. R. Garran
02 February 1911
EXCISE ACT 1901. s. 161

A certain quantity of spirit for the official use of the Federal Analyst has been delivered free of Excise duty as being the property of the Commonwealth. The Auditor-General thinks that the duty sho...

5
399
FISHERIES IN AUSTRALIAN WATERS BEYOND TERRITORIAL LIMITS
EXTENT OF AUSTRALIAN WATERS AND COMMONWEALTH JURISDICTION THEREIN : WHETHER CATCHES ARE SUBJECT TO CUSTOMS DUTY AND TO STATE LAWS
R. R. Garran
08 February 1911
CONSTITUTION, s.5I(x) : CUSTOMS TARIFF 1908-1910: FISHERIES ACT 1902 (N.S.W.), s. 23

The following minute by the Director of Fisheries has been referred to me by the Comptroller-General of Customs for advice: Commercial trawling is likely to be initiated in the near future and it is...

6
400
NAVAL FORCES OF COMMONWEALTH
RECOGNITION OF VESSELS AS WARSHIPS OF BRITISH EMPIRE
R. R. Garran
08 February 1911
CONSTITUTION, ss. 2,51 (vi), 61 : NAVAL DEFENCE ACT 1910

The Minister for Defence has asked for a memorandum setting out the measures that are considered necessary to give to the Naval Forces of the Commonwealth the international status of warships of a sov...

7
401
WRECKS
CONFERRAL OF CROWN RIGHTS IN VICTORIA : EXTENT OF STATE AND COMMONWEALTH CONTROL
R. R. Garran
09 February 1911
CUSTOMS ACT 1901-1910 : THE VICTORIA CONSTITUTION ACT 1855 (IMP.). Schedule 1. s. 47 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 523

Mr A.B.C. has discovered an ancient wreck between Warrnambool and Port Fairy* and has reported his discovery to the Customs. He claims the wreck as discoverer. His solicitors write saying that he pro...

8
402
BOUNTIES
WHETHER COMMONWEALTH HAS POWER TO GRANT ON GOODS MADE BY THE BLIND
R. R. Garran
27 February 1911
CONSTITUTION, s. 51 (iii)

The Comptroller-General of Customs forwards the following case for opinion: Application has been made to the Commonwealth that pecuniary assistance or tariff protection may be extended to the blind e...

9
403
FREED0M 0F INTERSTATE TRADE
WHETHER STATE HAS POWER TO FORBID IMPORT OR EXPORT OF GOODS UNTIL FURNISHING OF STATISTICAL RETURNS
R. R. Garran
27 February 1911
CONSTITUTION, s. 92 : THE MARINE BOARDS ACT AMENDMENT ACT 1910 (TAS.), s. 38

The Comptroller-General of Customs asks to be advised on the questions raised in the following memorandum: Advice is desired whether the action of the Tasmanian Marine Boards in requiring the infor...

10
404
PUBLIC SERVANT
DATE TO WHICH SALARY SHOULD BE PAID IN CASE OF FORFEITURE OF OFFICE, DISMISSAL OR DEATH
R. R. Garran
28 February 1911
ACTS INTERPRETATION ACT 1901, s. 36 : COMMONWEALTH PUBLIC SERVICE ACT 1902-1909, s. 66

The Public Service Commissioner asks for advice on the question raised in the following memorandum by his Secretary: I am directed to state that at the present time a uniform procedure is not observe...

TOP

( ! ) SCREAM: Error suppression ignored for
( ! ) Warning: Duplicate entry '602706' for key 'PRIMARY' query: INSERT INTO accesslog (title, path, url, hostname, uid, sid, timer, timestamp) values('', 'legalopinion/1911/1915', '', '107.22.63.172', 0, 'ndbcv9ao1t00on38mbh9ibs0p7', 29, 1498588695) in C:\wamp\www\includes\database.mysqli.inc on line 134
Call Stack
#TimeMemoryFunctionLocation
10.0003676248{main}( )..\index.php:0
20.00331012200drupal_bootstrap( )..\index.php:15
30.01121555520_drupal_bootstrap( )..\bootstrap.inc:1113
40.02903502128bootstrap_invoke_all( )..\bootstrap.inc:1185
50.03053502816module_invoke( )..\bootstrap.inc:684
60.03053503312call_user_func_array ( )..\module.inc:476
70.03053503552statistics_exit( )..\module.inc:476
80.03243571136db_query( )..\statistics.module:63
90.03263572904_db_query( )..\database.mysql-common.inc:42
100.03293574328trigger_error ( )..\database.mysqli.inc:134