Legal Opinions

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71
748
ALIENS
WHETHER ALIENS CAN OWN FREEHOLD PROPERTY: POSITION IN THE AUSTRALIAN STATES, NORTHERN TERRITORY AND NORFOLK ISLAND: WARTIME RESTRICTIONS UPON ACQUISITION OF LAND
R. R. Garran
01 November 1916
WAR PRECAUTIONS (LAND TRANSFER) REGULATIONS 1916

The Secretary, Department of External Affairs, has forwarded the following letter from the Russian Consul-General for advice: I have the honour to request you to kindly let me know whether a foreig...

72
745
DEFENCE FORCES
WHETHER COMMONWEALTH HAS POWER, BY REGULATION, TO ESTABLISH AND ADMINISTER ARMY RESERVE AND TO PROVIDE FOR FORMATION OF TERRITORIAL ASSOCIATIONS
R. R. Garran
27 November 1916
DEFENCE ACT 1903. ss. 32A(3), 33, 52, 124

The Secretary, Department of Defence, desires advice on the following points: Does the Defence Act 1903-1915 permit of the Governor-General making regulations necessary to cover the administration o...

73
746
COMMONWEALTH IMMUNITY FROM STATE LAWS: INCONSISTENCY
WHETHER CONTRACT NOTES FOR SALE OF TREASURY BONDS ARE LIABLE TO STATE STAMP DUTY
R. R. Garran
29 November 1916
COMMONWEALTH INSCRIBED STOCK ACT 1911, s. 52A

The Assistant Secretary to the Treasury has forwarded the following memorandum for advice: Advice has been received that the New South Wales Commissioner of Stamps is insisting upon stamp duty bein...

74
750
COURTS-MARTIAL
SENTENCE OF IMPRISONMENT AND DISCHARGE WITH IGNOMINY: WHETHER REMISSION OF SUCH DISCHARGE AFTER BEING PUT INTO EFFECT REVIVES OBLIGATION TO SERVE UNDER TERMS OF ENLISTMENT
R. R. Garran
01 December 1916
AUSTRALIAN MILITARY REGULATIONS 1916, reg. 338 (I)

The Acting Secretary, Department of Defence, has forwarded the following memorandum for advice: A number of members of the A.I.F. were tried by general court-martial on charges arising out of the m...

75
749
CENSORSHIP: STATUTORY RULES
EFFECT OF DISALLOWANCE BY SENATE OF AMENDING STATUTORY RULE: WHETHER WORDS PURPORTED TO BE OMITTED ARE RESTORED
R. R. Garran
22 December 1916
ACTS INTERPRETATION ACT 1904-1916, s. 10: WAR PRECAUTIONS REGULATIONS, reg. 28AA: STATUTORY RULES 1916, Nos 187, 204

The Secretary, Department of Defence: The Secretary, Department of Defence, has forwarded the following memorandum by the Chief of the General Staff for advice: The powers possessed by the ...

76
759
DEFENCE PURPOSES
WHETHER OWNERS OF BUILDING USED AS MILITARY HOSPITAL ARE LIABLE FOR MUNICIPAL RATES: EXEMPTION FROM RATES OF LAND USED FOR CHARITABLE PURPOSES: WHETHER USE AS MILITARY HOSPITAL IS CHARITABLE
R. R. Garran
01 January 1917
LOCAL GOVERNMENT ACT 1906 (N.S.W.): CHARITABLE USES ACT 1601 (IMP.)

The Crown Solicitor advised on 3 March 1916 that the Commonwealth was not liable for municipal rates and that under the Local Government Act 1906 of New South Wales the owners of the asylum(2) would n...

77
751
DEFENCE FORCES
WHETHER DISCHARGE CERTIFICATE GRANTED TO MEMBER OF DEFENCE FORCES CAN BE AMENDED: POWER TO MAKE REGULATION PROVIDING FOR AMENDMENT OF INCORRECT DISCHARGE
R. R. Garran
08 January 1917
DEFENCE ACT 1903: AUSTRALIAN MILITARY REGULATIONS 1916, Part X

The Acting Secretary, Department of Defence, has forwarded the following memorandum for advice: The Secretary, Prime Minister's Department, has referred to this Department an extract from the repor...

78
752
COMMONWEALTH BANK: WORKERS' COMPENSATION: INCONSISTENCY
WHETHER COMMONWEALTH BANK IS SUBJECT TO COMMONWEALTH EMPLOYEES' COMPENSATION LEGISLATION: BANK AN AUTHORITY UNDER THE COMMONWEALTH': STATE WORKERS' COMPENSATION LEGISLATION
R. R. Garran
11 January 1917
COMMONWEALTH WORKMEN'S COMPENSATION ACT 1912, ss. 3, 4: WORKMEN'S COMPENSATION ACT 1910 (N.S.W.)

The Secretary to the Treasury has forwarded the following letter from the Deputy-Governor of the Commonwealth Bank for advice: I have the honour to advise that this Bank will shortly be entering in...

79
753
INCOME TAX
WHETHER TAX IS PA YABLE ON INTEREST ACCRUING PRIOR TO YEAR OF ASSESSMENT BUT NOT RECEIVED UNTIL SUCH YEAR: INCOME DISTINGUISHED FROM MERE RIGHT TO RECEIVE PAYMENT
R. R. Garran
17 January 1917
INCOME TAX ASSESSMENT ACT 1915, ss. 10 fl), 14 (b), 28 (1)

The Commissioner of Taxation has forwarded the following memorandum for advice: As required by section 28 (1) of the Income Tax Assessment Act, a taxpayer rendered a return of income for the period...

80
754
LAND TAX
IMPROVEMENTS TO LAND: WHETHER VALUE OF PRICKLY PEAR ERADICATION CAN BE DEDUCTED AS AN IMPROVEMENT
R. R. Garran
18 January 1917
LAND TAX ASSESSMENT ACT 1910, s. 3

The Commissioner of Taxation has forwarded the following memorandum for advice: Prickly Pear Selections are securable in Queensland under the following terms and conditions: The area of a Prick...

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