Legal Opinions

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11
681
DEFENCE FORCES
OBJECT OF UNIVERSAL COMPULSORY TRAINING: EXTENT TO WHICH ACTIVE SERVICE EXCUSES NON-ATTENDANCE AT COMPULSORY DRILLS
W. M. Hughes
12 January 1916
DEFENCE ACT 1903, Part XII

The object of Part XII of the Act is to prepare citizens to effectively defend their country. Active service here or outside the Commonwealth is the object for which this preparation is necessary. Whe...

12
682
NATURALIZATION
WHETHER AUSTRALIAN CERTIFICATE OF NATURALIZATION CONFERS RIGHTS OF BRITISH SUBJECT IN UNITED KINGDOM: EXTENT OF COLONIAL NATURALIZATION
R. R. Garran
12 January 1916
CONSTITUTION, s. 51 (xix): NATURALIZATION ACT 1870 (IMP.), ss. 7, 16: BRITISH NATION

The Secretary, Department of External Affairs, has forwarded the following letter from Mr B.A. Levinson to the High Commissioner for advice: Since the commencement of the war my firm has had on severa...

13
683
COMMONWEALTH BANK: BANKING
WHETHER COMMONWEALTH BANK HAS POWER TO UNDERTAKE INSCRIPTION OF STOCK IN LONDON FOR SOUTH AUSTRALIAN GOVERNMENT: WHETHER INSCRIPTION OF STOCK IS PART OF GENERAL BUSINESS OF BANKING
W. M. Hughes
12 January 1916
COMMONWEALTH BANK ACT 1911, s. 7

The Governor of the Commonwealth Bank desires advice on the matter set forth in the following memorandum: Arrangements have been made for the Commonwealth Bank of Australia to undertake the inscrip...

14
684
COURTS-MARTIAL
WHETHER OFFICER COMMANDING MEMBERS OF A.I.F. RETURNING TO AUSTRALIA ON TROOP-SHIP FROM SERVICE OVERSEAS WAS COMPETENT TO CONVENE FIELD GENERAL COURT-MARTIAL WHETHER ACTIVE SERVICE' INCLUDES RETURN VOYAGE: WHETHER COURT WAS PROPERLY CONSTITUTED: PRESUMPTION OF REGULARITY
R. R. Garran
21 January 1916
DEFENCE ACT 1903, s. 4: ARMY ACT (IMP.), ss. 48 (9), 49, 189 (1): RULES OF PROCEDURE 1907, rules 20, 21, 106B

The Secretary, Department of Defence, has forwarded for advice the following memorandum by the Adjutant-General: With reference to the attached papers relative to a field general court-martial he...

15
690
WAR PRECAUTIONS: PRICE FIXING
WHETHER COMMONWEALTH HAS POWER IN WARTIME TO FIX PRICE OF BREAD
R. R. Garran
11 February 1916
WAR PRECAUTIONS ACT 1914, s. 4: WAR PRECAUTIONS REGULATIONS, reg. 49E

The question has been raised whether the Commonwealth Government has power, as a war measure, to fix the price of such a commodity as bread. In my opinion it has. The Parliament has power to make laws...

16
691
COMMONWEALTH BANK: GERMAN NEW GUINEA
WHETHER BRANCH OF COMMONWEALTH BANK CAN BE ESTABLISHED AT RABAUL: DISTINCTION BETWEEN ESTABLISHMENT OF GENERAL BANKING BRANCH AND SAVINGS BANK BRANCH: STATUS OF GERMAN NEW GUINEA
R. R. Garran
16 February 1916
COMMONWEALTH BANK ACT 1911, ss. 23, 35 (1), (2)

The Secretary to the Treasury asks for advice on the question raised in the following letter from the Governor of the Commonwealth Bank of Australia: I have the honour to advise that the British Admi...

17
692
WAR PRECAUTIONS
WHETHER THERE IS POWER TO MAKE REGULATION PROVIDING FOR DEPORTATION OF PERSONS CONVICTED OF OFFENCES AGAINST WAR PRECAUTIONS LEGISLATION
R. R. Garran
18 February 1916
WAR PRECAUTIONS ACT 1914, s. 4

The Secretary, Department of Defence, forwards the following memorandum for advice: I am directed to invite you to advise this Department whether there is power under the War Precautions Act to make...

18
697
COMMONWEALTH'S POWERS OF INQUIRY: INTER-STATE COMMISSION
POWERS OF INTER-STATE COMMISSION TO INQUIRE INTO WAR PROFITS AND COMMODITY PRICES
H. Mahon
01 March 1916
CONSTITUTION, ss. 51 (ii), (vi), 101

The Prime Minister asks to be advised as to the powers of the Inter-State Commission in respect to inquiries which it has been asked to make as to war profits, and prices of commodities. This request ...

19
698
INCONSISTENCY
WHETHER FRIENDLY SOCIETY RULES MAKING BONDS VESTED IN SOCIETY NON-TRANSFERABLE CAN APPLY TO COMMONWEALTH TREASURY BONDS
R. R. Garran
01 March 1916
COMMONWEALTH INSCRIBED STOCK ACT 1911, Part VA; s. 51C: TREASURY BILLS ACT 1914, s. 5: FRIENDLY SOCIETIES ACT 1913 (QLD), s. 20

The following extracts from the rules prescribed by section 20 of the Friendly Societies Act 1913 (Queensland) for the regulation of business proceedings and property of Friendly Societies have been s...

20
693
WAR PRECAUTIONS
WHETHER CERTAIN TRANSACTIONS AMOUNT TO RAISING CAPITAL FOR PURPOSES OF WAR PRECAUTIONS LEGISLATION
R. R. Garran
07 March 1916
WAR PRECAUTIONS REGULATIONS, reg. 49D

The Treasurer asks for advice on the questions raised in the following letter by Messrs Snowball and Kaufmann: We have had a difficulty in advising our clients on their rights and duties under Stat...

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