Legal Opinions

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111
786
COMMONWEALTH BANK
WHETHER COMMONWEALTH BANK IS SUBJECT TO MUNICIPAL RATES: EXTENT TO WHICH BANK IS INSTRUMENTALITY OF COMMONWEALTH: WHETHER PROPERTY OF BANK IS COMMONWEALTH PROPERTY
R. R. Garran
02 April 1917
CONSTITUTION, s. 114: COMMONWEALTH BANK ACT 1911, ss. 6, 10

The Governor of the Commonwealth Bank has forwarded the following memorandum for advice: I have the honour to hand you herewith rate notice from the Brisbane City Council, in respect to the Bank'...

112
787
INCOME TAX
DEDUCTIONS IN RESPECT OF CALLS ON COMPANY SHARES: WHETHER PAYMENT IN FULL FOR SHARES AMOUNTS TO A CALL
R. R. Garran
03 April 1917
INCOME TAX ASSESSMENT ACT 1915, s. 18 (1) (i)

The Commissioner of Taxation has forwarded the following memorandum for advice: Section 18 (1) (i) of the Income Tax Assessment Act 1915 provides for the allowance of five per centum of the total a...

113
788
ELECTORAL ENROLMENT
WHETHER MILITARY CAMPS CAN BE REGARDED AS PLACES OF LIVING
R. R. Garran
12 April 1917

[On 5 April 1917 the Chief Electoral Officer sought the Solicitor-General's advice in regard to the enrolment of soldiers in military camps. He stated:] There appears to be some danger in Divisions...

114
789
NATURALIZATION
WHETHER SURNAME IN CERTIFICATE OF NATURALIZATION CAN BE ALTERED ON DISCLOSURE BY PERSON NATURALIZED OF USE OF INCORRECT SURNAME IN APPLICATION
R. R. Garran
17 April 1917

The Secretary, Home and Territories Department, forwards the following memorandum for advice: A.B.C, a German, was naturalized by the Commonwealth in June 1914. He has now written stating that his ...

115
790
WAR PRECAUTIONS
VALIDITY OF COMMONWEALTH LEGISLATION PERMITTING FREE MOVEMENT OF MEAT THROUGHOUT COMMONWEALTH NOTWITHSTANDING ANY CONTRARY STATE LAW: WHETHER COMMONWEALTH IS OBLIGED TO INDEMNIFY PERMIT-HOLDERS PROSECUTED UNDER STATE LEGISLATION PROHIBITING EXPORT OF MEAT
R. R. Garran
28 April 1917
MEAT SUPPLY FOR IMPERIAL USES ACT 1914 (QLD): WAR PRECAUTIONS (MEAT) REGULATIONS, regs 5, 6

The Secretary, Prime Minister's Department, has forwarded the following memorandum for advice: On 19 February 1917, the following telegram was received from the Premier of South Australia, addresse...

116
802
GERMAN NEW GUINEA
WHETHER RECRUITMENT OF NATIVE LABOUR FOR SAMOA SHOULD BE ALLOWED: GOVERNORS DISCRETIONARY POWERS EXERCISABLE BY ADMINISTRATOR DURING MILITARY OCCUPATION
R. R. Garran
01 May 1917

The Secretary, Department of Defence, has forwarded for advice the following memorandum received from the Chief of the General Staff: The Administrator, Rabaul, reports that under the German Law th...

117
791
PRODUCTION OF CONFIDENTIAL DOCUMENTS: WAR PRECAUTIONS
WHETHER DISCLOSURE OF DOCUMENTS SUPPORTING APPLICATION FOR TREASURER'S CONSENT TO FORM COMPANY MAY BE MADE TO COMPANY'S OFFICIAL LIQUIDATOR: DISCLOSURE IN COURSE OF DUTY
R. R. Garran
04 May 1917
WAR PRECAUTIONS (COMPANIES) REGULATIONS, regs 2, 7

The Secretary to the Treasury asks for advice on the question raised in the following letter: I beg to inform you that by an Order of the Supreme Court of New South Wales in Equity dated 31 October...

118
792
COURTS-MARTIAL
QUASHING OF PROCEEDINGS FOR WANT OF JURISDICTION: MEMBER OF COURT NOT QUALIFIED
R. R. Garran
08 May 1917
DEFENCE ACT 1903. s. 88: AUSTRALIAN MILITARY REGULATIONS 1916, regs 581 (2). 653

The Acting Secretary, Department of Defence, has forwarded the following memorandum for advice: In accordance with Australian Military Regulation 653, the proceedings of the trial by district court...

119
793
SENATE
CASUAL VACANCIES: NO STEPS TAKEN TO FILL PLACE AT NEXT ELECTION-ENTITLEMENT TO ALLOWANCE OF SENATOR APPOINTED TO CASUAL VACANCY
R. R. Garran
09 May 1917
CONSTITUTION, s. 15

My advice is asked on the question raised in the following minute by the Clerk of the Senate: Senator Earle was appointed under section 15 of the Constitution in the place of Senator Ready resigned...

120
794
ESTATE DUTY: STATE IMMUNITY FROM COMMONWEALTH LAWS
WHETHER STATE GOVERNMENT SECURITIES ARE SUBJECT TO FEDERAL ESTATE DUTY
R. R. Garran
23 May 1917
ESTATE DUTY ASSESSMENT ACT 1914, s. 8(3)

The Acting Commissioner of Taxation has forwarded the following memorandum for advice: The estate duty statement furnished in respect of the above estate showed amongst other assets New South Wales...

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