Legal Opinions

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51
724
ACQUISITION OF LAND
ACQUISITION OF LAND FOR POST OFFICE BUILDINGS: WHETHER COMMONWEALTH CAN LET PORTIONS TO TENANTS: EXTENT OF POWER TO ACQUIRE PROPERTY
R. R. Garran
14 July 1916
LANDS ACQUISITION ACT 1906

The Postmaster-General asks for advice as follows: As much difficulty is experienced by this Department in securing suitable sites for post offices except at high values, and as such capitalisation...

52
725
COMMONWEALTH SHIPS
WHETHER SHIPS BELONGING TO COMMONWEALTH CAN BE REGISTERED IN AUSTRALIA IN NAME OF COMMONWEALTH
R. R. Garran
14 July 1916
MERCHANT SHIPPING ACT 1894 (IMP.)

The Minister for the Navy desires advice upon the following telegram received from the High Commissioner: Government line steamers are being registered temporarily in the name of Turner Davidson, pur...

53
728
PARDONING POWER
CONCURRENT SENTENCES FOR FEDERAL AND STATE OFFENCES: PARDONING POWERS OF GOVERNOR-GENERAL AND STATE GOVERNORS
H. Mahon
04 August 1916

The following communication has been received by His Excellency the Governor-General from His Excellency the Governor of New South Wales: I have received a communication from my Ministers recommendi...

54
729
CUSTOMS DUTY
AMENDMENT OF TARIFF RESOLUTION BY FURTHER RESOLUTION: WHETHER AMENDING RESOLUTION EXPOSES COMMONWEALTH TO LIABILITY TO REFUND DUTIES PAID UNDER FORMER RESOLUTION IN EXCESS OF DUTIES IMPOSED BY LAST ENACTED TARIFF
R. R. Garran
15 August 1916
CUSTOMS TARIFF 1908-1911

The Comptroller-General of Customs forwards the following case for opinion: The Customs Tariff at present in operation was proposed by Resolution of 3rd December 1914, and has not yet been consid...

55
730
NATURALIZATION
EFFECT OF AUSTRALIAN CERTIFICATE OF NATURALIZATION: MEANING OF TN THE COMMONWEALTH1: EXTENT OF BRITISH DIPLOMATIC PROTECTION IN FOREIGN COUNTRIES
R. R. Garran
17 August 1916
NATURALIZATION ACT 1903, s. 8

A.B.C. was born in Noumea of German parentage. For a number of years he resided in Australia and in October 1913 became naturalized under the Naturalization Act 1903. Immediately after obtaining his...

56
731
INCOME TAX
WHETHER BONUSES PAID TO EMPLOYEES ARE DEDUCTIBLE AS EXPENSES INCURRED IN PRODUCING INCOME
R. R. Garran
26 August 1916
INCOME TAX ASSESSMENT ACT 1915, s. 18 (1) (a)

The Commissioner of Taxation has forwarded the following memorandum for advice: The question has been raised as to the liability to taxation of bonuses paid by an employer of labour: (a) in the ha...

57
732
INCOME TAX
WHETHER BONUS ISSUE OF SHARES AMOUNTS TO INCOME WHERE COMPANY CATEGORISES ISSUE AS A DISTRIBUTION OF PROFITS AMONG SHAREHOLDERS
R. R. Garran
08 September 1916
INCOME TAX ASSESSMENT ACT 1915, s. 14 (b)

The Acting Commissioner of Taxation has forwarded the following memorandum for advice: I shall be glad of your advice as to the law in the following case. A company had at the credit of its profit ...

58
733
NAVAL FORCES OF COMMONWEALTH
COMPULSORY VACCINATION: WHETHER CIVILIANS RESIDING AT ROYAL AUSTRALIAN NAVAL COLLEGE CAN BE COMPULSORILY VACCINATED: POWER OF COMMANDING OFFICER TO ISSUE NECESSARY ORDER
R. R. Garran
22 September 1916
REGULATIONS FOR THE ROYAL AUSTRALIAN NAVAL COLLEGE, regs 24, 25, 37

The Naval Secretary has asked for advice as to whether the Commanding Officer of the Royal Australian Naval College is empowered to issue orders for the compulsory vaccination of civilians residing at...

59
734
TRADE MARKS
DESIGN RESEMBLING AUSTRALIAN COAT OF ARMS: WHETHER REGISTRATION UNDER STATE LAW AMOUNTS TO AUTHORITY TO USE
R. R. Garran
28 September 1916
TRADE MARKS ACT 1905, s. 113

The Comptroller-General of Customs asks for advice as to whether certain metallic capsules bearing a design similar in many respects to the Australian coat of arms may lawfully be used by Messrs B. &...

60
735
DEFENCE: PRICE FIXING
CONTROL OF RENTS IN WARTIME: CONNECTION WITH DEFENCE
W. M. Hughes
29 September 1916

The Acting Attorney-General's opinion of 30 June last(1), having been considered by the Cabinet, has been resubmitted for advice as to how and in what manner the desire of the Cabinet re the inflation...

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