Legal Opinions

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MINISTERIAL APPROVAL
WHETHER TERMS OF CONTRACTS MAY BE APPROVED GENERALLY : ONUS OF PROOF : MODE OF PROOF
R. R. Garran
01 June 1912
CONTRACT IMMIGRANTS ACT 1905, s. 5

The following memorandum has been referred by the Secretary to the Department of External Affairs to me for advice: Attention is invited to the enclosed letter from the Premier Manufacturing Company...

62
455
QUARANTINE
SOURCES OF POWER : WHETHER EXERCISE OF POWER BY COMMONWEALTH DEPENDS ON TRANSFER OF STATE DEPARTMENTS
R. R. Garran
28 June 1912
CONSTITUTION, ss. 51 (ix), 52, 69 : QUARANTINE ACT 1908

The Comptroller-General of Customs forwards the following memorandum for advice: The Minister for Trade and Customs desires the opinion of the Crown Law Authori-ties on the point raised in the firs...

63
456
COMMONWEALTH BANK
WHETHER WITHDRAWALS FROM SAVINGS BANK SUBJECT TO STATE STAMP DUTY
W. M. Hughes
28 June 1912

The Governor of the Commonwealth Bank has asked for my advice as to whether stamp duty would be chargeable on withdrawals, whether by cheque or other form, from the Savings Bank Department of the Comm...

64
457
ACQUISITION OF LAND
MEANING OF 'LAND' : WHETHER COMMONWEALTH HAS POWER TO ACQUIRE ROADS
W. M. Hughes
28 June 1912
ACTS INTERPRETATION ACT 1901, s. 17: LANDS ACQUISITION ACT 1906. s. 5

The following case has been submitted, by direction of the Minister for Home Affairs, to me for advice: I am instructed by the Minister for Home Affairs to inform you that he has been requested...

65
458
LIMITATION OF ACTIONS
WHETHER COMMONWEALTH MAY WAIVE BAR TO CLAIM WHERE DAMAGE NOT REPORTED WITHIN TIME
R. R. Garran
29 June 1912

The Secretary, Department of Defence has forwarded the following memorandum for advice: It having been found necessary from time to time to suspend, by Order in Council, provisional regulations gover...

66
460
ELECTORAL DISTRIBUTION
EFFECT ON DIVISIONS PENDING GENERAL ELECTION : WHETHER ENROLMENT, TRANSFER OR CHANGE ON OLD ROLLS MAY BE DEFERRED UNTIL WRIT FOR BY-ELECTION
R. R. Garran
29 July 1912
COMMONWEALTH ELECTORAL ACT 1902-1911, ss. 21. 26

The following memorandum by the Chief Electoral Officer has been submitted by the Secretary to the Department of Home Affairs to me for advice: Section 21 of the Commonwealth Electoral Act reads as f...

67
461
ELECTORAL DISTRIBUTION
DISAPPROVAL BY HOUSE OF PARLIAMENT : WHETHER COMMISSIONERS PREPARING FRESH DISTRIBUTION REQUIRED TO ALTER AS REQUESTED BY HOUSE
W. M. Hughes
06 August 1912
COMMONWEALTH ELECTORAL ACT 1902-1911, s. 22

The Minister for Home Affairs forwards for advice the following minute by the Chief Electoral Officer: I desire to bring under the Minister's notice the terms of the amendment moved by Senator Hend...

68
462
AIR NAVIGATION
WHETHER COMMONWEALTH HAS POWER TO REQUIRE AIRCRAFT TO BE REGISTERED : WHETHER REQUIREMENT TO REGISTER VEHICLES FOR DEFENCE PURPOSES EXTENDS TO AIRCRAFT
W. M. Hughes
07 August 1912
CONSTITUTION, ss. 51 (i), (vi), 98: DEFENCE ACT 1903-1911, s. 67

Certain proposed regulations relating to aerial navigation are now under con-sideration of the Department of Defence. In this connection the Council of Defence recommended that the opinion of the Att...

69
463
NAVIGATION AND SHIPPING
EXTENT OF COMMONWEALTH POWER WITH RESPECT TO HEALTH ON BOARD SHIP : INCONSISTENCY BETWEEN COMMONWEALTH AND STATE HEALTH LAWS
R. R. Garran
09 August 1912
CONSTITUTION, ss. 51 (i), 98, 107, 108, 109 : NAVIGATION ACT 1912 : HEALTH ACT 1911 (W.A.)

The Comptroller-General of Customs desired to be advised on the point raised by the Director of Quarantine in a memorandum written by the Director on a letter received by him from Dr Cumpston. Dr Cu...

70
464
LIMITATION OF ACTIONS
WHETHER COMPLIANCE WITH PRESCRIBED PROCEDURE MAY BE WAIVED: CRITERIA FOR WAIVER
R. R. Garran
22 August 1912

The Secretary to the Department of Defence has forwarded the following memor-andum to me for advice: With reference to your [memorandum of 29 June 1912](1); containing opinion with re-gard to the...

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