Legal Opinions

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41
715
DEFENCE FORCES: COUR TS-MAR TIAL
WHETHER OATH OF ENLISTMENT IS CONDITION PRECEDENT TO BECOMING SUBJECT TO MILITARY LAW: STANDARD OF PROOF OF OATH: PRESUMPTION FROM RECEIPT OF PAY
R. R. Garran
15 June 1916

The Secretary to the Department of Defence has forwarded for advice the following memorandum by the Adjutant-General relative to the sentence imposed by court-martial upon Private A.B:. . . . the att...

42
716
COMMONWEALTH PRISONERS
WHETHER ORDINARY RULES REGARDING GOOD CONDUCT REMISSIONS SHOULD APPLY TO MILITARY PRISONERS IN STATE GAOLS
Geo. S. Knowles
23 June 1916

The Secretary to the Department of Defence has asked for advice on the question whether the ordinary rules for remission of sentences for good conduct applicable to ordinary prisoners in State gaols s...

43
717
NATURALIZATION
WHETHER CERTIFICATE OF NATURALIZATION GRANTED IN ERROR TO INELIGIBLE PERSON IS VALID
R. R. Garran
27 June 1916
NATURALIZATION ACT 1903, ss. 5, 11

The Secretary to the Department of External Affairs has forwarded for advice the following memorandum: In 1911 this Department received an application for naturalization from a person who stated that...

44
718
CUSTOMS DUTY
ENTITLEMENT TO DRAWBACK: OWNER AT TIME OF SHIPMENT: CONSIDERATION OF VARIOUS TRANSACTIONS IN WHICH DEPARTMENT OF DEFENCE PURCHASED GOODS FOR SHIPMENT BEYOND AUSTRALIA
H. Mahon
29 June 1916
CUSTOMS ACT 1901, ss. 4, 173

In connection with the payment of drawback on goods purchased by the Department of Defence for shipment outside Australia, the Auditor-General in April last wrote to the Treasurer in the following ter...

45
719
DEFENCE: PRICE FIXING
WHETHER COMMONWEALTH HAS POWER IN WARTIME TO CONTROL RENTS: APPOINTMENT OF RENTS BOARD
H. Mahon
30 June 1916
CONSTITUTION, s. 51 (vi): WAR PRECAUTIONS REGULATIONS

The Prime Minister asks to be advised as to the power of the Federal Parliament to provide for the appointment of a Rents Board to determine- that there shall be no increase in the rents of dwel...

46
726
ENEMY ALIENS: COMMONWEALTH BANK
WHETHER ENEMY ALIENS MAY WITHDRAW SAVINGS BANK IN WARTIME MONEYS FROM COMMONWEALTH
R. R. Garran
01 July 1916

The Secretary to the Department of Defence has asked for advice on the question whether alien enemies may withdraw, without restriction, from the Commonwealth Savings Bank, sums deposited there by the...

47
727
QUARANTINE: COMMONWEALTH IMMUNITY FROM STATE LAWS
WHETHER QUARANTINE OFFICERS ARE SUBJECT TO STATE HEALTH LAWS REQUIRING NOTIFICATION OF INFECTIOUS DISEASES
R. R. Garran
01 July 1916

The Director of Quarantine has forwarded for advice the following memorandum: I shall be glad if you will advise me as to the responsibilities resting upon quarantine officers to notify cases of...

48
721
COMMONWEALTH SECURITIES
COMMONWEALTH INSCRIBED STOCK: TREASURY BONDS: LOCATION OF STOCK FOR PURPOSE OF DETERMINING WHERE STOCK IS DUTIABLE: LOCATION OF INSCRIBED STOCK REGISTRY. WHETHER COMMONWEALTH SECURITIES ARE SUBJECT TO COMMONWEALTH ESTATE DUTY AND TO STATE PROBATE DUTIES: STATE TAXING POWERS
R. R. Garran
04 July 1916
CONSTITUTION, s. 114

The Secretary to the Treasury has forwarded the following memorandum asking for advice: I am directed to ask that this office be furnished with an opinion, at the earliest possible date, as to whet...

49
722
TREATIES
SUSPENSION OF PROVISION IN COMMONWEALTH LEGISLATION INCONSISTENT WITH TREATY: WHETHER STATE LAWS LIMITING RIGHT OF ALIENS TO HOLD LAND ARE INCONSISTENT WITH TREATY
R. R. Garran
07 July 1916
NAVIGATION ACT 1912, s. 422: ALIENS ACT 1867 (QLD), s. 4: ALIEN ACT 1861 (TAS.), s. 3: TREATY OF COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND RUSSIA (1859), Art. XIII

Referring to the attached papers relating to the proposed treaty arrangement with Russia, I have carefully perused the papers and the memorandum by Mr L.F. East of the Department of Trade and Customs....

50
723
GERMAN NEW GUINEA
WHETHER POSTAGE RATES APPLICABLE TO PLACES IN BRITISH EMPIRE CAN BE APPLIED TO GERMAN NEW GUINEA: NATURE OF BRITISH OCCUPATION OF GERMAN NEW GUINEA
R. R. Garran
07 July 1916

The Secretary to the Postmaster-General's Department has asked for advice on the question whether, in view of the British occupation of what was formerly German New Guinea, and the adjacent islands, p...

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