Legal Opinions

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61
736
ESTATE DUTY: DEFENCE FORCES
WHETHER ESTATE OF MEMBER OF THURSDAY ISLAND GARRISON IS EXEMPT FROM DUTY: EXEMPTION WHERE DEATH OCCURS ON ACTIVE SERVICE: WHETHER MEMBER WAS ON ACTIVE SERVICE AT TIME OF DEATH: TEST FOR BEING ON ACTIVE SERVICE
R. R. Garran
05 October 1916
ESTATE DUTY ASSESSMENT ACT 1914. s. 9

The Commissioner of Taxation has forwarded the following memorandum for advice: Section 9 of the Estate Duty Assessment Act reads as follows: Nothing in this Act shall apply to the estate of an...

62
737
INCOME TAX
PRE-FEDERATION AGREEMENT BETWEEN COMPANY PROVIDING TELEGRAPHIC SERVICES AND STATES FOR RECOUPMENT OF STATE TAXES PAID BY COMPANY: WHETHER COMMONWEALTH INCOME TAX IS CAUGHT BY RECOUPMENT PROVISION: EXTENT TO WHICH COMMONWEALTH SUCCEEDS TO STATE OBLIGATIONS
R. R. Garran
05 October 1916

The Commissioner of Taxation has forwarded the following memorandum for advice: By section 19 of an Agreement dated 14th April 1900, made between the Governments of South Australia, Western Australia...

63
738
INCOME TAX
EXEMPTION OF PERSON ON ACTIVE SERVICE FROM TAX ON INCOME DERIVED FROM PERSONAL EXERTION: WHETHER EXPENSES INCURRED IN GAINING SUCH INCOME CAN BE DEDUCTED FROM INCOME DERIVED FROM PROPERTY
R. R. Garran
05 October 1916
INCOME TAX ASSESSMENT ACT 1915, ss. 3, 13, 18

The Commissioner of Taxation has forwarded the following memorandum for advice: Section 13 of the Income Tax Assessment Act 1915 exempts the income derived from personal exertion of any person on a...

64
739
LIFE INSURANCE: NATURALIZATION
WHETHER PROCEEDS OF LIFE POLICY CAN BE PAID TO WIDOW OF NATURALIZED GERMAN
R. R. Garran
05 October 1916

The Assistant Secretary to the Treasury has forwarded the following letter from the General Manager of the National Mutual Life Association for advice: On 1st February 1892 Mr A.B.C. effected a po...

65
740
DEFENCE FORCES
COMPULSORY VACCINATION: WHETHER MEMBERS OF DEFENCE FORCE CAN BE COMPULSORILY VACCINATED: POWER OF MILITARY BOARD TO ISSUE NECESSARY ORDER
R. R. Garran
05 October 1916

On 13 February 1911, I advised that an order of the Military Board directing members of the Permanent Forces to be vaccinated was not contrary to law, and must be obeyed by soldiers.(1) A similar or...

66
741
DEFENCE FORCES
WHETHER SALVATION ARMY OFFICERS ARE MINISTERS OF RELIGION FOR PURPOSES OF ACT: MEANING OF MINISTER OF RELIGION1
R. R. Garran
11 October 1916
DEFENCE ACT 1903, s. 61 (d)

The Acting Secretary, Department of Defence, has forwarded the following memorandum for advice: I shall be glad if you will be so good as to give a definition of the phrase 'Ministers of Religion',...

67
742
DEFENCE FORCES
WHETHER PERSONS EXEMPT FROM SERVICE ARE REQUIRED TO REPORT WHEN CALL-UP PROCLAMATION IS ISSUED: ENROLMENT OF EXEMPT PERSONS FOR RECORD PURPOSES
R. R. Garran
12 October 1916
DEFENCE ACT 1903, ss. 59, 60, 61: WAR SERVICE REGULATIONS 1916, reg. 6 (1)

The Acting Secretary, Department of Defence, has fowarded the following memorandum for advice: War Service Regulation 6(1) states: Upon the issue of a Proclamation by the Governor-Genera...

68
743
PUBLIC SERVICE ARBITRATION
WHETHER PRESIDENT OF SENATE IS BOUND BY AWARD OF COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION
R. R. Garran
17 October 1916
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 14: ARBITRATION (PUBLIC SERVICE) ACT 1911, s. 8

The Clerk of the Senate forwards the following case for advice: In the matter of the award of the Commonwealth Court of Conciliation and Arbitration in connection with officers in the Commonwealth ...

69
744
PUBLIC WORKS COMMITTEE
WHETHER PARLIAMENTARY STANDING COMMITTEE ON PUBLIC WORKS HAS POWER TO REQUIRE EVIDENCE IN WRITTEN FORM: WHETHER POWER OF COMMITTEE TO OBTAIN EVIDENCE IS AFFECTED BY GIVING OF EVIDENCE BEFORE ROYAL COMMISSION
R. R. Garran
17 October 1916
COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, s. 17

The Minister for Home Affairs has forwarded for advice the following memorandum received by him from the Federal Capital Director of Design and Construction: The Parliamentary Standing Committee o...

70
747
TRADING WITH THE ENEMY
WHETHER STATE SUPREME COURT HAS JURISDICTION TO MAKE ORDER CHARGING MONEYS HELD BY COMMONWEALTH TREASURER IN STATUTORY TRUST FUND ON ACCOUNT OF ENEMY SUBJECT: PROPER PROCEDURE TO ENABLE DEBTS OWING BY ENEMY SUBJECTS TO BE SATISFIED OUT OF MONEYS HELD IN TRUST FUND
R. R. Garran
01 November 1916
TRADING WITH THE ENEMY ACT 1914, ss. 9, 9C, 9D: TRUSTEE ACT 1898 (N.S.W.), s. 29

The Secretary to the Treasury has forwarded the following memorandum asking for advice: Certain moneys are held in Trust Fund 'Debts due to Enemy Subjects' on account of A.B. of Germany. Messrs F...

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