Legal Opinions

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31
710
NORFOLK ISLAND
EXTENSION OF PROVISIONS OF AUDIT LEGISLATION TO NORFOLK ISLAND: WHETHER ACT OR ORDINANCE APPROPRIATE
R. R. Garran
01 May 1916
AUDIT ACT 1901: NORFOLK ISLAND ACT 1913, ss. 5, 8 (I)

The Secretary, Department of External Affairs, has asked for advice as to whether the provisions of the Audit Act 1901-1912 and the regulations thereunder can be extended to Norfolk Island by Ordinanc...

32
706
PUBLIC SERVICE
PUBLIC SERVICE COMMISSIONER: EXPIRY OF TERM OF OFFICE OF COMMISSIONER: POSITION OF DEPUTY: WHETHER ACTING COMMISSIONER CAN BE APPOINTED
R. R. Garran
05 May 1916
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 5 (2), (4)

The Secretary to the Prime Minister's Department has forwarded the following memorandum for advice: The term of office of Mr D.C. McLachlan as Commonwealth Public Service Commissioner will expire tom...

33
707
COMMONWEALTH BANK: COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER COMMONWEALTH BANK IS SUBJECT TO STATE INCOME TAX LAWS
H. Mahon
24 May 1916

The Governor of the Commonwealth Bank has forwarded the following memorandum for advice: I have the honour to hand you herewith copy of a letter received from the Commissioner of Income Tax, Brisbane...

34
708
FREEDOM OF INTERSTATE TRADE
STATE LEGISLATION PROHIBITING EXPORT OF MEAT: REQUEST BY STATE TO IMPERIAL PARLIAMENT TO VALIDATE SUCH LEGISLATION AGAINST POSSIBLE INFRINGEMENT OF FREEDOM OF INTERSTATE TRADE: POWER OF COMMONWEALTH TO LEGISLATE WITH RESPECT TO EXPORT OF MEAT: CHANNEL OF COMMUNICATION BETWEEN STATES AND IMPERIAL GOVERNMENT
H. Mahon
31 May 1916
CONSTITUTION, ss. SI (vi), 92: MEAT SUPPLY FOR IMPERIAL USES ACT 1915 (N.S.W.): MEAT SUPPLY FOR IMPERIAL USES ACT 1914 (QLD): SUGAR ACQUISITION ACT 1915 (QLD)

The Prime Minister asks for advice in regard to the following cablegram from the Secretary of State for the Colonies to the Governor-General: You will observe from my dispatch February 10th confide...

35
709
NATURALIZATION
WHETHER CERTIFICATE OF NATURALIZATION CAN BE ISSUED TO AUSTRALIAN-BORN WIFE OF ALIEN WHERE WIFE IS DEEMED BY IMPERIAL LEGISLATION TO TAKE HUSBAND'S NATIONALITY
R. R. Garran
31 May 1916
NATURALIZATION ACT 1870 (IMP.), s. 10: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP.), s. 10

The Secretary, Department of External Affairs, has forwarded, for advice, the following memorandum: In 1910, the Attorney-General's Department advised that there would be no objection to the issu...

36
720
DEFENCE FORCES
POWERS OF COMMANDING OFFICERS TO INFLICT SUMMARY PUNISHMENT IN WARTIME: WHETHER POWERS ARE DERIVED FROM IMPERIAL OR COMMONWEALTH LEGISLATION: SOURCE OF OFFENCES COMMITTED ON ACTIVE SERVICE
R. R. Garran
01 June 1916
DEFENCE ACT 1903, ss. 55, 108: DEFENCE ACT 1914, s. 10: ARMY ACT (IMP.), s. 46: MILITARY REGULATIONS (GENERAL), regs 235, 236, 273, 286: KING'S REGULATIONS, reg. 487

The Secretary to the Department of Defence has forwarded for advice the following memorandum: It is desired that a legal opinion be obtained as to the exact scope of a commanding officer's powers to ...

37
711
GERMAN NEW GUINEA
WHETHER MILITARY OCCUPATION OF GERMAN POSSESSIONS IN PACIFIC IS AUSTRALIAN OR BRITISH
R. R. Garran
12 June 1916

The Secretary to the Postmaster-General's Department has forwarded, for advice, the following memorandum: In connection with the occupation by the Commonwealth of what was formerly German New Guine...

38
712
COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER POWERS OF ATTORNEY GIVEN UNDER COMMONWEALTH LEGISLATION ARE LIABLE TO STATE STAMP DUTY
R. R. Garran
13 June 1916
COMMONWEALTH INSCRIBED STOCK ACT 1911: COMMONWEALTH INSCRIBED STOCK REGULATIONS, reg. 60

The Secretary to the Department of the Treasury has asked for an opinion on the question whether powers of attorney given on Forms 39 and 40 issued under regulation 60 of the Provisional Regulations u...

39
713
COURTS-MARTIAL: DEFENCE FORCES
COMMITMENT TO PRISON IN AUSTRALIA OF MEMBERS OF AUSTRALIAN IMPERIAL FORCE SENTENCED BY COURTS-MARTIAL ABROAD: BASIS FOR ISSUE OF COMMITMENT WARRANTS: APPLICATION OF IMPERIAL LEGISLATION TO MEMBERS OF DEFENCE FORCE: POWER OF GOVERNOR-GENERAL TO REMIT OR MITIGATE SENTENCES
R. R. Garran
14 June 1916
DEFENCE ACT 1903, ss. 55, 86, 115: ARMY ACT (IMP.), s. 177

The Secretary to the Department of Defence has forwarded for advice the following memorandum: Recently a number of soldiers of the Australian Imperial Force have been returned to Australia from abr...

40
714
PREFERENCE OR DISCRIMINATION BY STATE RAILWAYS
WHETHER CERTAIN FREIGHTS ON WHEAT CHARGED BY NEW SOUTH WALES RAILWAYS AMOUNT TO DISCRIMINATION AGAINST QUEENSLAND FLOUR MILLERS: POWERS OF INTER-STATE COMMISSION
R. R. Garran
15 June 1916
CONSTITUTION, ss. 102, 104: INTER-STATE COMMISSION ACT 1912, s. 19. Part V

It has been brought under notice that the operations of Queensland flour millers have been considerably reduced owing to their inability to get wheat, and it has been suggested that this is brought ab...

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