Legal Opinions

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685
CUSTOMS DUTY: PRIZE
WHETHER IMPERIAL LEGISLATION SUBJECTING SHIPS AND GOODS TAKEN AS PRIZE TO CUSTOMS DUTIES HAS APPLICATION IN AUSTRALIA
R. R. Garran
01 January 1916
NAVAL PRIZE ACT 1864 (IMP.), s. 47

The Comptroller-General of Customs desires to be advised whether the Minister for Trade and Customs can exercise in Australia the powers conferred on the Commissioners of Customs and Excise of the Uni...

2
686
QUARANTINE: NA V1GA TION AND SHIPPING
WHETHER SYDNEY HARBOUR TRUST IS REQUIRED TO PROVIDE QUARANTINE MOORINGS FOR COMMONWEALTH: MEANING OF 'GOVERNMENT DEPARTMENT' IN STATE LEGISLATION
R. R. Garran
01 January 1916
SYDNEY HARBOUR TRUST ACT 1900, ss. 34, 35

The Director of Quarantine has forwarded the following memorandum for advice: The papers hereunder are forwarded together with a copy of the Sydney Harbour Trust Act 1900. It is desired that you will...

3
687
INCONSISTENCY
WHETHER STATE HAS POWER TO LEGISLATE MEMBERS OF DEFENCE FORCES
H. Mahon
01 January 1916
CONSTITUTION, s. 109 TO FORBID SUPPLY OF LIQUOR TO

The Minister for Defence asks to be advised as to the constitutional power of a State Parliament to pass legislation of this kind.(2) The Bill forbids licensees under the State licensing laws to supp...

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688
LAND TAX
RELEASE OF TAXPAYER FROM LIABILITY WHERE RETURNS FROM LAND HAVE BEEN SERIOUSLY IMPAIRED: APPLICATION OF CONDITIONS GOVERNING RELEASE: MEANING OF 'RETURNS FROM THE LAND'
R. R. Garran
01 January 1916
LAND TAX ASSESSMENT ACT 1910, s. 66: LAND TAX ASSESSMENT ACT 1914, s. 4

The Commissioner of Land Tax has forwarded the following memorandum for advice: Referring to your opinion of the 26th ultimo(2) on the scope of the amendment by section 4 of Act No. 29 of 1914, o...

5
689
COURTS-MARTIAL
FAILURE BY ACCUSED TO MAKE APPLICATION FOR DISMISSAL OF CHARGE WHERE PROSECUTION HAS NOT ESTABLISHED CASE: WHETHER ADMISSION OF FURTHER EVIDENCE CAN AMOUNT TO SUBSTANTIAL INJUSTICE: IRREGULARITY IN PROCEEDINGS DISTINGUISHED FROM SUBSTANTIAL INJUSTICE
R. R. Garran
01 January 1916
MILITARY REGULATIONS, reg. 377

The Secretary, Department of Defence, has forwarded the file in connection with the proceedings of a district court-martial for the trial of Private A.B.C. for advice as to whether the finding and sen...

6
676
NATURALIZATION: DUAL NATIONALITY
WHETHER DECLARATION OF ALIENAGE CAN BE MADE BY PERSON DEEMED TO HAVE BEEN NATURALIZED IN COMMONWEALTH AS INFANT CHILD OF NATURALIZED PERSON: EXTENT OF COLONIAL NATURALIZATION: LIMITED EXTENT OF SUCH NATURALIZATION REFLECTED IN PASSPORTS
R. R. Garran
06 January 1916
NATURALIZATION ACT 1903, s. 10: NATURALIZATION ACT 1870 (IMP.), s. 16: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP.), ss. 14, 15, 19 (1) (b)

The Secretary, Department of External Affairs, has forwarded the following memorandum asking for advice: An Italian who had been resident some time in the United States came to Australia bringing with...

7
677
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER MERCHANT SHIPS HIRED OR USED BY COMMONWEALTH ARE SUBJECT TO STATE PORT AND TONNAGE DUES: CHARGES FOR SERVICES RENDERED DIS-TINGUISHED FROM STATE TAXES: LIABILITY OF COMMONWEALTH DEPENDENT ON TERMS OF STATE LEGISLATION
R. R. Garran
12 January 1916
CONSTITUTION, s. 114

The Naval Secretary has forwarded the following memorandum for advice: I am directed to request that advice may be given in regard to the following matter, viz. whether in view of section 114 of the ...

8
678
COMMONWEALTH WAR LOANS
WHETHER SUBSCRIBERS TO COMMONWEALTH WAR LOANS MUST PAY EXCHANGE ON INSTALMENTS: WHETHER COMMONWEALTH LIABLE TO REPAY EXCHANGE WRONGLY CHARGED BY ITS AGENT
W. M. Hughes
12 January 1916

The Treasurer desires advice on the following points in connection with the War Loan: Whether the prospectus of the first Commonwealth War Loan can be reasonably construed to mean that an intend...

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679
NORFOLK ISLAND
WHETHER RIGHT OF APPEAL PRESCRIBED BY TERRITORY LAW IS ABOLISHED BY COMMONWEALTH LEGISLATION PROVIDING FOR APPEAL TO HIGH COURT: WHETHER APPEAL TO HIGH COURT CAN BE TO SINGLE JUSTICE
R. R. Garran
12 January 1916
JUDICIARY ACT 1903: NORFOLK ISLAND ACT 1913. ss. 4. 11: ADMINISTRATION LAW 1913 (N.I.). ss. 22-30

The Secretary, Department of External Affairs, has forwarded the following memorandum for advice: May I invite your attention to section 11 of the Norfolk Island Act, No. 15 of 1913, and the Norfolk I...

10
680
STATE IMMUNITY FROM COMMONWEALTH LAWS
WHETHER COMMONWEALTH HAS POWER TO LEVY INCOME TAX ON SALARIES OF STATE OFFICERS
R. R. Garran
12 January 1916
CONSTITUTION, s. 114: INCOME TAX ASSESSMENT ACT 1915

The Commissioner of Taxation has forwarded the following memorandum for advice: It has been claimed that officers of the State Public Service are exempt from income tax levied under the Income Tax Ass...

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