Legal Opinions

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INVALID PENSION
WHETHER INABILITY TO OBTAIN WORK BY REASON OF DISEASE SHOULD BE EQUATED WITH INCAPACITY TO DO WORK
R. R. Garran
01 June 1911
INVALID AND OLD-AGE PENSIONS ACT 1908-1909, s. 20

The following case has been forwarded by the Acting Commissioner of Pensions to me for advice: There is no doubt as to the permanency of the claimant's disease but the Commonwealth medical referee ce...

22
416
WESTERN AUSTRALIA'S TERRITORIAL WATERS
EXTENT : APPLICATION OF COMMONWEALTH AND STATE LAWS TO FOREIGN FISHING VESSELS : PROCEDURE FOR ISSUE OF NOTICES OF SEIZURE AND FORFEITURE OF SHIPS AND GOODS
R. R. Garran
02 June 1911
CUSTOMS ACT 1901-1910, ss. 4. 33. 58, 128, 228. 229. 233 : IMMIGRATION RESTRICTION ACT 1901-1910. ss. 5. 7 : QUARANTINE ACT 1908. ss. 20. 29 : THE PEARL SHELL FISHERY ACT 1886 (W.A.j, s. 2

It seems that His Majesty's ship Gayundah on 25 May found two schooners, the Harriet and the Fortuna, under command of Captain A., and flying the Dutch flag, at anchor inside the reef at Scott Reef, W...

23
417
ELECTORAL OFFENCES
WHETHER SUPPLY OF REFRESHMENTS AT POLITICAL MEETING IS BRIBERY
R. R. Garran
09 June 1911
COMMONWEALTH ELECTORAL ACT 1902-1909, ss. 175, 176

It has been stated that in connection with the referendum campaign in Tasmania, at certain meetings after the speeches were concluded, refreshments consisting of coffee, cake etc. were served to those...

24
418
NAVIGATION AND SHIPPING
WHETHER GRANT BY FOREIGN GOVERNMENT TO COMPANY ENGAGED IN COASTING TRADE AMOUNTS TO SUBSIDY OR BONUS
R. R. Garran
16 June 1911
NAVIGATION ACT 1912. ss. 287. 288

The Head Agent of the Dutch Royal Packet Steam Navigation Company has written to the Prime Minister with reference to the position of his Company's line of steamships, in relation to the coasting trad...

25
419
FREEDOM OF INTERSTATE MOVEMENT : DISABILITY OR DISCRIMINATION
RIGHTS IMPLIED FROM FEDERAL UNION : POLICE POWERS OF STATES : WHETHER STATE MAY PROHIBIT ENTRY OF CRIMINALS CONVICTED IN OTHER STATES
R. R. Garran
20 June 1911
CONSTITUTION, ss. 92. 117 : INFLUX OF CRIMINALS PREVENTION ACT 1903 (N.S.W.), ss. 3, 8

Mr A. in a letter, dated 18 May 1911 to the Attorney-General, questions the validity of the Influx of Criminals Prevention Act 1903, of the State of New South Wales, on the ground that it is inconsist...

26
420
INTEREST
WHETHER COMMONWEALTH LIABLE TO PAY TO STATES IN RESPECT OF TRANSFERRED PROPERTIES
W. M. Hughes
20 June 1911
CONSTITUTION, s. 85

The Acting Treasurer asks to be advised on this question whether the Commonwealth is liable to the States for interest on the value of the transferred properties which became vested in the Commonwealt...

27
421
ABORIGINAL NATIVES
WHETHER EMPLOYMENT IN FISHING IN AUSTRALIAN WATERS BEYOND TERRI
R. R. Garran
03 July 1911
EMIGRATION ACT 1910. ss. 3. 5 : THE ABORIGINALS' PROTECTION AND RESTRICTION OF THE SALE OF OPIUM ACTS 1897 TO 1901 (QLD) : THE QUEENSLAND PEARL SHELL AND BECHE-DE-MER FISHERIES (EXTRA-TERRITORIAL) ACT OF 1888 (FED. COUN. A/ASIA)

The Secretary to the Department of External Affairs has forwarded the following letter from the Government Resident at Thursday Island for advice: In reference to your letter of the sixteen March ...

28
422
GOVERNOR-GENERAL
WHETHER ABSENT FROM COMMONWEALTH WHEN TRAVELLING ON HIGH SEAS BETWEEN AUSTRALIAN PORTS : WHETHER DORMANT COMMISSION ACTIVATED
W. M. Hughes
08 July 1911

The Governor-General proposes to sail by the R.M.S. Otway, which leaves Adelaide on 28 July, and is due at Fremantle on 1 August. It is proposed that His Excellency's successor shall be sworn in and a...

29
423
ELECTORAL OFFENCES
WHETHER ARTICLES IN NEWSPAPERS AMOUNT TO ELECTORAL ADVERTISEMENTS OR NOTICES : DISCRETION TO INSTITUTE PROSECUTIONS
W. M. Hughes
12 July 1911
COMMONWEALTH ELECTORAL ACT 1902-1909, s. 180

The Minister for Home Affairs has submitted the following minute to me for advice: The attached schedules are submitted for the Minister's consideration. 2. The newspapers in question inserted adv...

30
424
TERRITORIAL WATERS
WHETHER TRANSFER OF HARBOUR BY NATIVES VALID : WHETHER GOVERNMENT MAY OPPOSE AS CONTRARY TO PUBLIC INTEREST
R. R. Garran
20 July 1911

The Secretary to the Department of External Affairs has forwarded the following letter received from Mr L. S. Woolcott, Solicitor, New Hebrides, to me for advice: I have to acknowledge receipt o...

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