Legal Opinions

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405
GREAT BARRIER REEF
WHETHER HAS BEEN ANNEXED TO QUEENSLAND
R. R. Garran
09 March 1911
THE QUEENSLAND COAST ISLANDS ACT OF 1879 (QLD)

Mr J. B. Steel has written to the Prime Minister asking whether the Great Barrier Reef has been annexed to Queensland, and the Secretary to the Department of External Affairs has forwarded the matter ...

12
406
FISHERIES IN AUSTRALIAN WATERS BEYOND TERRITORIAL LIMITS
WHETHER COMMONWEALTH HAS POWER TO REGULATE DISPOSAL OF FISH TAKEN OUTSIDE TERRITORIAL LIMITS : WHETHER CATCHES ARE SUBJECT TO STATE LAWS
R. R. Garran
17 March 1911
CONSTITUTION, s. 51 (x), (xxxix) : FISHERIES ACT 1902 (N.S.W.), ss. 23, 26: FRESHWATER FISHERIES ACT 1878 (IMP.), s. 11

I have read the case referred to by Mr Dannsvig. It is the case of Olsen v. Paxino, reported in 22 W.N. page 199. It was heard before the Chief Justice sitting alone and does not appear to have been a...

13
407
DEFENCE PURPOSES
EXTENT OF POWER TO ENTER AND USE LAND : WHETHER LEGISLATION WITHIN EXCLUSIVE POWER OF COMMONWEALTH BINDS STATES WITHOUT EXPRESS MENTION
W. M. Hughes
20 March 1911
CONSTITUTION, ss.SI (vi), 52(H), 69, 114 : DEFENCE ACT 1903-1910, s.69

Section 69 of the Defence Act is as follows: The Governor-General may give a general or particular authority to the Defence Force, or any part thereof, to enter upon and use any lands for training,...

14
408
ELECTIONS
WHETHER PROPER FOR APPLICATION FOR POSTAL BALLOT-PAPER TO BE IDENTI
W. M. Hughes
20 March 1911
COMMONWEALTH ELECTORAL ACT 1902-1909. s. 110A

The Minister for Home Affairs asks for advice on the question raised in the following memo by the Chief Electoral Officer: Political organisations apply for and obtain from the Post Offices or Retur...

15
409
FINANCE
WHETHER PURPOSES OF APPROPRIATION AND TRUST ACCOUNT MUST BE IDENTICAL TO ENABLE PAYMENT OF MONEYS INTO ACCOUNT
R. R. Garran
23 March 1911
AUDIT ACT 1901-1909, s. 62A: APPROPRIATION ACT 1910-1911

The Secretary to the Treasury has forwarded the following memorandum to me for advice: It is proposed to close the 'Defence Clothing Material Account' included in the Schedule to the Audit Acts 1901-...

16
410
STATE PROPERTY TRANSFERRED TO COMMONWEALTH
EFFECT OF TRANSFER : GRANT OF MINING LICENCES
R. R. Garran
30 March 1911
CONSTITUTION, s. 85 : LANDS ACQUISITION ACT 1906, s. 62

Certain persons at Thursday Island state that they have discovered gold on a rifle range there, and have applied for permission to prospect their discovery. The Defence Department has no objection to...

17
411
TAXATION : LAND TAX
NATURE, SCOPE, EXTENT OF TAXING POWER : LIMITS TO POWER : NATURE OF DISCRIMINATION BETWEEN STATES AND PARTS OF STATES : WHETHER LAND TENURE SUBJECT TO TAXATION : WHETHER DEMISE OF CROWN AFFECTS COMMONWEALTH PARLIAMENT : CONSTRUCTION OF STATUTES IN PARI MATERIA : SEVERABILITY
R. R. Garran
31 March 1911
CONSTITUTION, ss. 7, 12, 13, 28. 32, 51, 51 (ii), (xxxi), (xxxix), 53, 55. 99. 114 : CUSTOMS ACT 1901-1910, s. 161 : LAND TAX ACT 1910. s. 2 : LAND TAX ASSESSMENT ACT 1910, ss. 10. 11. 13. 17. 30. 38. 39. 40, 41. 48. 63. 66. 69, 70. 71 : THE MEETING OF PARLIAMENT ACT 1797 (IMP.), s. 3 : DEMISE OF THE CROWN ACT 1901 (IMP.)

COMMONWEALTH ats. OSBORNE(1)–OBSERVATIONS Grounds of invalidity that may be raised That the Acts(2) are not in substance taxing Acts. That the Commonwealth has no power to tax land. Th...

18
412
IMMIGRATION
WHETHER ALIENS PERFORMING DUTIES EXCLUSIVELY AS SLAUGHTERMEN ON FOREIGN TRADE SHIP WHILE IN AUSTRALIAN PORT ARE IMMIGRANTS : WHETHER SUCH PERSONS ARE PART OF SHIPS CREW
W. M. Hughes
14 April 1911
IMMIGRATION RESTRICTION ACT 1901-1910. s. 3 . MERCHANT SHIPPING ACTS 1894 TO 1907 (IMP.)

On 14 February, the Premier of Western Australia telegraphed to the Prime Minister as follows: In view of prohibition importation livestock into Manila local firm of livestock dealers propose sending...

19
413
IMMIGRATION
WHETHER FORMER MEMBER OF SHIP'S CREW ON RELEASE FROM IMPRISONMENT BECOMES IMMIGRANT
R. R. Garran
29 April 1911
IMMIGRATION RESTRICTION ACT 1901-1910. s. 5

The Secretary, Department of External Affairs forwards the following case for opinion: With reference to the accompanying papers respecting the question of the deportation from the Commonwealth of C...

20
414
PUBLIC SERVANT
WHETHER COMMONWEALTH LIABLE TO GRANT FURLOUGH
W. M. Hughes
05 May 1911
COMMONWEALTH PUBLIC SERVICE ACT 1902-1909, ss. 71, 79

The Public Service Commissioner has forwarded the following memorandum to me for opinion: The Public Service Commissioner has the honour to submit the following statement for the consideration of ...

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