Legal Opinions

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435
TAXATION : LAND TAX
CRITERIA FOR DETERMINING SERIOUS HARDSHIP
R. R. Garran
27 December 1911
LAND TAX ASSESSMENT ACT 1910-1911. s. 66

The Treasurer has forwarded the following memorandum by the Commissioner of Land Tax for advice: Mr A.B. of Rookwood, N.S.W. is an employee of the Railway Department in receipt of 7s per day. He h...

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436
DEFENCE FORCES
WHETHER OFFICER COMMANDING ANY CORPS OR SHIP' INCLUDES COMMANDING OFFICERS AND OFFICERS UPON WHOM COMMAND DEVOLVES
R. R. Garran
05 January 1912
DEFENCE ACT 1903-1911, s. 108

Two questions are raised on the file: The power to make regulations depending upon the meaning of the words 'the officer commanding any corps or ship' in section 108 of the Defence Act; and The me...

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437
APPROPRIATION
WHETHER MONEYS APPROPRIATED FOR PARTICULAR PURPOSES AND PAID INTO TRUST ACCOUNT ARE AVAILABLE FOR EXPENDITURE FOR GENERAL PURPOSES OF ACCOUNT
R. R. Garran
17 January 1912
AUDIT ACT 1901-1909, s. 62A : APPROPRIATION ACT 1911-19112

The Secretary to the Treasury has referred the following memorandum to me for advice: It is proposed to pay to the credit of Trust Account, Uniform Clothing and Necessaries (Naval) Account, the f...

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438
PROHIBITED IMMIGRANT
WHETHER ABSCONDING BEFORE CLEARING COMMONWEALTH BY PERSON REQUIRED TO DEPART RENDERS MASTER OF VESSEL LIABLE
R. R. Garran
01 February 1912
IMMIGRATION RESTRICTION ACT 190I-I9I0,ss. 6. 9

The Secretary to the Department of External Affairs has submitted the following memorandum to me for advice as to whether proceedings could be successfully instituted against the master of the St Alba...

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439
REPRESENTATION OF TERRITORIES
EXTENT OF COMMONWEALTH POWER TO ALLOW
R. R. Garran
08 February 1912
CONSTITUTION, s. 122

The following memorandum by the Chief Electoral Officer has been submitted by the Secretary to the Department of Home Affairs to me for advice: The question of the representation in the Commonwealt...

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440
DEFENCE FORCES
WHETHER COMMONWEALTH HAS POWER TO PREVENT MEMBERS OF CITIZEN DEFENCE FORCE FROM ACTING AS SPECIAL CONSTABLES OF STATE
Andrew Fisher
08 February 1912

The Minister for Defence asks to be advised on a question raised by Mr McDougall, M.P. as to whether the Department of Defence has power to prevent members of the Citizen Defence Force from acting as ...

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441
COMMONWEALTH DEPARTMENTS
WHETHER NECESSARY TO APPOINT MINISTER TO ADMINISTER DEPARTMENT ESTABLISHED BY GOVERNOR-GENERAL IN COUNCIL
Gordon H. Castle
20 February 1912
CONSTITUTION, s. 64

The Secretary to the Prime Minister's Department has asked for advice regarding the question of the issue of a Commission appointing Mr Fisher to administer that Department. The Prime Minister's Depa...

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442
FINANCE
WHETHER PROPER FOR ITEMS PAYABLE OUT OF TRUST ACCOUNT TO BE INCLUDED IN APPROPRIATION ACTS : SENATE'S POWER OF OMISSION OR AMENDMENT : NATURE OF TRUST ACCOUNTS
Andrew Fisher
28 February 1912
CONSTITUTION, s. 53 : AUDIT ACT 1901-1909. s. 62A

The Auditor-General has submitted the following case to me for opinion: I have the honour to request the favour of your opinion upon the question raised in the accompanying correspondence as to the i...

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443
ELECTORAL DISTRIBUTION
WHETHER PROPER FOR DEPARTMENT TO ADVISE COMMISSIONERS INDIVIDUALLY : WHETHER MAY ACT BY MAJORITY : POSITION OF MINORITY
R. R. Garran
14 March 1912
COMMONWEALTH ELECTORAL ACT 1902-1911, ss. 13,14

Mr Graham, one of the three Commissioners appointed to redistribute the State of Queensland in Electoral Divisions, has written the following letter to the Secretary to the Department of Home Affairs:...

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444
FINES AND PENALTIES
WHETHER MINISTER HAS POWER TO REMIT FINE IMPOSED UNDER ORDINANCE : EXERCISE OF PREROGATIVE BY GOVERNOR-GENERAL
R. R. Garran
25 March 1912
RATES ORDINANCE 191I(A.C.T.)

The Secretary to the Department of Home Affairs has asked for advice as to whether the Minister has any power to remit a fine imposed under the authority of the Rates Ordinance 1911 in force in the Te...

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