Legal Opinions

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81
755
PUBLIC SERVICE
PROCEDURE TO BE FOLLOWED IN APPOINTMENT OF PERMANENT HEAD OF DEPARTMENT: WHETHER PUBLIC SERVICE COMMISSIONER MUST BE INVOLVED
R. R. Garran
19 January 1917
COMMONWEALTH PUBLIC SERVICE ACT 1902, ss. 5, 42, 44

The following memorandum by the Deputy Public Service Commissioner has been forwarded for advice: The Deputy Public Service Commissioner desires to invite the attention of the Acting Prime Ministe...

82
756
COMMONWEALTH BANK: BANKING
WHETHER SYSTEM OF RETURNING PAID CHEQUES TO CUSTOMERS COULD BE PUT INTO EFFECT WITHOUT EXPOSING BANK TO LIABILITY: PRODUCTION OF CUSTOMERS-RECEIPTS AS ANSWER TO SUBPOENAS TO PRODUCE CHEQUES
R. R. Garran
25 January 1917

The Secretary to the Treasury has forwarded the following letter from the Governor of the Commonwealth Bank for advice: It is the general practice of banks in Australia to keep on hand the voucher...

83
757
INCOME TAX: PREFERENCE TO ONE STATE OVER ANOTHER STATE
VALUATION OF LIVESTOCK: POWER TO FIX STANDARD VALUES: WHETHER FIXING OF DIFFERENT STANDARD VALUES FOR DIFFERENT LOCALITIES AMOUNTS TO DISCRIMINATION OR PREFERENCE
R. R. Garran
26 January 1917
CONSTITUTION, ss. 51 (ii), 99: INCOME TAX ASSESSMENT ACT 1915, s. 14 (a): INCOME TAX REGULATIONS 1915, reg. 29A

The Acting Commissioner of Taxation has forwarded the following memorandum for advice: The above section requires that the value of stock on hand at the beginning and end of each year shall be take...

84
758
QUARANTINE: INCONSISTENCY
WHETHER COMMONWEALTH QUARANTINE AUTHORITIES ARE BOUND BY STATE LAWS REGULATING FUMIGATION OF VESSELS
R. R. Garran
27 January 1917
CONSTITUTION, s. 109: QUARANTINE ACT 1908: QUARANTINE REGULATIONS: MELBOURNE HARBOR TRUST REGULATIONS, reg. 276 (5)

The following memorandum by the Director of Quarantine is referred for advice: It has been reported that the following regulation has recently been made by the Melbourne Harbor Trust Commissioners: ...

85
760
FREEDOM OF INTERSTATE TRADE
WHETHER STATE MAY IMPOSE HIGHER WHARFAGE CHARGES ON INTERSTATE GOODS THAN ON DOMESTIC GOODS: JURISDICTION OF INTER-STATE COMMISSION: STANDING TO TAKE ACTION
R. R. Garran
01 February 1917
CONSTITUTION, s. 92: INTER-STATE COMMISSION ACT 1912, s. 21

The Comptroller-General of Customs forwards papers for advice as to whether the differential scale of wharfage charges imposed by the Melbourne Harbor Trust Commissioners is in contravention of the Co...

86
767
PUBLIC SERVICE ARBITRATION
WHETHER AWARD OF COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION IN RELATION TO EMPLOYEES IN COMMONWEALTH PUBLIC SERVICE CAN BE ENFORCED
R. R. Garran
01 February 1917
ARBITRATION (PUBLIC SERVICE) ACT 1911, s. 8

The Postmaster-General has received a letter from Senator Ready enclosing a letter from the Honorary Secretary of the New South Wales Branch of the Australian Postal Electricians' Union, complaining o...

87
768
INSURANCE
STATE LEGISLATION REQUIRING INSURANCE COMPANIES TO DEPOSIT LICENCE FEES IN CASH: WHETHER COMPANIES CAN SUBSTITUTE WAR LOAN BONDS FOR CASH: SAVING OF STATE LAWS: COMMONWEALTH AND STATE LEGISLATIVE POWERS WITH RESPECT TO INSURANCE
R. R. Garran
01 February 1917
INSURANCE ACT 1916 (QLD), ss. 10, 11. 12

The Queensland Government acting under the Insurance Act passed in 1916 have required marine and general insurance companies carrying on business in Queensland to deposit in cash the amount of deposit...

88
761
COPYRIGHT
REPRODUCTION OF MAP OF AUSTRALIA WITHOUT NOTIFICATION OF RESERVATION OF CROWN COPYRIGHT: PRACTICE IN REGARD TO NOTIFYING CROWN COPYRIGHT: EFFECT OF OMITTING SUCH NOTIFICATION
R. R. Garran
17 February 1917
COPYRIGHT ACT 1912, s. 26: COPYRIGHT ACT 1911 (IMP.), ss. 1(2), 2, 18

The Acting Secretary, Department of Home and Territories, has forwarded the following minute asking for advice: The map of Australia which is covered by a Crown copyright has been reproduced on a s...

89
762
PUBLIC SERVICE
LEGAL EFFECT OF TRANSFER OF OFFICER TO UNATTACHED LIST
R. R. Garran
20 February 1917
COMMONWEALTH PUBLIC SERVICE ACT 1902

The Comptroller-General of Customs has forwarded the following memorandum for advice: Attention is invited to the enclosed minute dated 29th ultimo from the Acting Secretary, Public Service Commiss...

90
763
INCOME TAX
WHETHER GIFTS OF DEBENTURES AND WAR LOAN BONDS ARE DEDUCTIBLE AS MONETARY CONTRIBUTIONS
R. R. Garran
21 February 1917
INCOME TAX ASSESSMENT ACT 1915, s. 18 (1) (h)

The Acting Commissioner of Taxation has forwarded the following memorandum for advice: Section 18 (1) (h) of the Income Tax Assessment Act deals with deductions which may be made from the total inc...

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