Legal Opinions

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81
475
MATERNITY ALLOWANCE
SOURCES OF POWER TO PAY : SCOPE OF POWER WITH RESPECT TO INVALID PENSIONS . WHETHER PENSION INCLUDES SINGLE PAYMENT : EXTENT OF APPROPRIATION POWER : EFFECT OF STATES' ENTITLEMENT TO SURPLUS REVENUE OF COMMONWEALTH : EXTENT OF POWER TO CREATE OFFENCES
W. M. Hughes
04 October 1912
CONSTITUTION, s. 51 (ii), (xxiii); Chapter IV; s. 81 : SURPLUS REVENUE ACT 1910 : MATERNITY ALLOWANCE ACT 1912, ss. 10, II

The Treasurer asks for any advice as to the constitutionality of- the payment of the proposed Maternity Allowance; the penal clauses of the Bill.(1) In my opinion the provision for th...

82
476
COMMONWEALTH BANK
WHETHER HAS PRIORITY AS CREDITOR : DISTINCTION BETWEEN INSTRUMENTALITY AND DEPARTMENT OF COMMONWEALTH
W. M. Hughes
22 October 1912

The Treasurer has asked for my opinion as to whether the Commonwealth Bank of Australia has any right to priority of payment as against ordinary unsecured creditors other than State Governments. It i...

83
480
ELECTORAL ENROLMENT
PERSON HAVING RIGHT TO VOTE AT STATE ELECTIONS : EXTENT OF DISQUALIFICATION ON GROUNDS OF RACE
R. R. Garran
01 November 1912
CONSTITUTION, s. 41 : COMMONWEALTH FRANCHISE ACT 1902

A draft of an Electoral Handbook proposed to be issued by the Electoral Office for public information has been referred to me for review and advice as to whether the law has been fairly stated. I hav...

84
477
REPEALING LEGISLATION
EFFECT ON REGULATIONS
R. R. Garran
14 November 1912
CROWN LANDS ORDINANCE 1912 (NT.) (No. 3 of 1912). s. 42; Schedule : CROWN LANDS ORDINANCE 1912 (NT) (No. 8 of 1912). s. 4

The Secretary to the Department of External Affairs has forwarded the following telegram from the Administrator of the Northern Territory to me and asks for advice whether regulations under the Crown ...

85
478
COMMONWEALTH BANK
WHETHER INSTRUMENTALITY OF COMMONWEALTH : WHETHER SUBJECT TO STATE STAMP DUTY : WHETHER FUNDS AND PROFITS MAY BE APPLIED TOWARDS SUPERANNUATION CONTRIBUTIONS : EXTENT OF POWER TO DIRECT MANNER OF EXECUTING INSTRUMENTS BY ATTORNEY AND USE OF COMMON AND OFFICIAL SEALS . EXTENT OF REGULATION-MAKING POWER OF GOVERNOR OF BANK AND OF GOVERNOR-GENERAL IN COUNCIL
W. M. Hughes
27 November 1912
COMMONWEALTH BANK ACT 1911, ss. 24. 28. 29. 30, 32. 63

The Treasurer desires advice on the following communication of the Governor of the Commonwealth Bank: I have the honour to request that you will be good enough to refer to the Attorney-General f...

86
479
FEDERAL JURISDICTION OF STATE COURTS
WHETHER COMMONWEALTH SHOULD CONTRIBUTE TOWARDS SALARIES OF STATE JUDGES EXERCISING FEDERAL JURISDICTION
R. R. Garran
27 November 1912
CONSTITUTION, Chapters III, IV : SURPLUS REVENUE ACT 1910

I agree with the Commissioner's minute.(1) The Federal jurisdiction of the State courts is provided for by the Constitution, and is a part of the general relations between Commonwealth and States upon...

87
481
FINANCE
WHETHER ISSUES OF STOCK REQUIRED TO BE IDENTIFIED WITH PARTICULAR LOAN ACT : WHETHER MONEY RAISED FOR PURPOSES OF ONE LOAN ACT MAY BE USED FOR PURPOSES OF OTHER LOAN ACT : NATURE OF LOAN FUND
R. R. Garran
15 December 1912
AUDIT ACT 1901-1912, s. 55 : COMMONWEALTH INSCRIBED STOCK ACT 1911, ss. 4. 12: LOAN ACT 1911

The following memorandum has been forwarded by the Acting Secretary to the Treasury to me for advice: It is anticipated that the Loan Bill(2) now before Parliament will shortly become law, and it...

88
482
FINANCE
WHETHER COMMONWEALTH CAN CREDIT TO LOAN FUND PROCEEDS OF SALES OF TOOLS PAID FOR OUT OF LOAN FUND
R. R. Garran
17 December 1912
CONSTITUTION, s. 81 . LOAN ACT 1911

The Acting Secretary to the Treasury has forwarded the following memorandum to me for advice: The Department of Home Affairs sells to men employed on the Transcontinental Railway certain tools. T...

89
483
ELECTORAL ENROLMENT
CRITERIA FOR REMOVAL OF NAMES FROM ROLLS : CRITERIA FOR INCLUSION OF NAMES ON NEW ROLLS
R. R. Garran
19 December 1912
COMMONWEALTH ELECTORAL ACT 1902-1911, Parts V, VI, VII

The following memorandum by the Chief Electoral Officer has been submitted by the Secretary to the Department of Home Affairs to me for advice: Submitted for the Minister's approval that the Attorney...

90
484
PUBLIC SERVANT
WHETHER COMMONWEALTH LIABLE TO GRANT FURLOUGH : NATURE OF RESIGNATION
W. M. Hughes
23 December 1912
COMMONWEALTH PUBLIC SERVICE ACT 1902-1911, s. 71

On 18 September 1912 I gave an opinion(1) on the case of Mr A.B., late clerk G.P.O. Sydney, who had retired after 29 years' service, but who had not been granted a gratuity under section 71 of the Pub...

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