Legal Opinions

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1036
CUSTOMS
CONFERRAL OF COMMONWEALTH POWERS ON STATE OFFICERS: FEDERAL-STATE CO-OPERATION IN DEALING WITH STEALING ON WHARVES
, GARRAN Robert Randolph
07 January 1921
CUSTOMS ACT 1901

The Acting Comptroller-General, Department of Trade and Customs, forwards the following letter from the Premier of Western Australia for advice: Arrangements have been made by this Government for...

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1037
AIR NAVIGATION
REFERRAL OF POWERS BY STATES TO COMMONWEALTH TO CARRY OUT PARIS CONVENTION ON AERIAL NAVIGATION: EXTENT OF COMMONWEALTH POWER TO CONTROL INTRA-STATE AIR NAVIGATION AS INCIDENTAL TO CARRYING OUT CONVENTION AND CONTROLLING INTER-STATE AIR NAVIGATION
R. R. Garran
13 January 1921
CONSTITUTION, s. 51 fi), (xxix), (xxxix): COMMONWEALTH POWERS (AIR NAVIGATION) ACT 1920 (VIC), s. 3

The Secretary to the Air Council has forwarded for advice the following memorandum of the Controller of Civil Aviation: I do not think that the Commonwealth Powers (Air Navigation) Act 1920, pass...

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1038
NAVIGATION AND SHIPPING
RIVER AND BAY SHIP': MEANING OF PORT, 'BAY', GULF': USUAL GEOGRAPHICAL MEANING: CRITERIA FOR DETERMINING LIMITS OF PORT: POWER TO PRESCRIBE LIMITS
R. R. Garran
15 January 1921
CUSTOMS ACT 1901, ss. 4, 15: NAVIGATION ACT 1912, s. 6

The Acting Comptroller-General of Customs has submitted the following memorandum to me for advice: The Navigation Act, as recently amended, defines 'river and bay ship' as follows: 'River and bay...

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1039
WAR GRATUITY
DISCRETION TO WITHHOLD PAYMENT OF WAR GRATUITY: WHETHER MINISTER HAS POWER TO WITHHOLD PAYMENT WHERE DISCRETION IS VESTED IN PRESCRIBED AUTHORITY
R. R. Garran
17 January 1921
WAR GRATUITY ACTS 1920, ss. 3, 8 (1)

The Secretary to the Department of the Treasury has forwarded for advice the following memorandum: Under the War Gratuity Act (section 8) the prescribed authority may withhold any war gratuity pa...

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1040
MURRAY RIVER WATERS
AGREEMENT AMENDING AGREEMENT BETWEEN COMMONWEALTH AND PARTICIPATING STATES: PURPORTED RATIFICATION BY NEW SOUTH WALES WITH ALTERATIONS: EFFECT OF ALTERATIONS
R. R. Garran
24 January 1921
RIVER MURRAY WATERS ACT 1915, Schedule: RIVER MURRAY WATERS ACT 1915-1920, First Schedule, Second Schedule: RIVER MURRAY WATERS ACT 1915 (N.S.W.), Schedule: RIVER MURRAY WATERS (AMENDMENT) ACT 1920 (N.S.W.), ss. 4, 13

The Secretary to the Department of Works and Railways states that the Parliament of New South Wales has ratified the amending River Murray Waters Agreement which was executed by the representatives of...

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1041
EXTERNAL AFFAIRS
WHETHER COMMONWEALTH HAS POWER TO ENTER INTO TREATY DEALING WITH RAILWAY RATES: MATTERS ORDINARILY WITHIN COMPETENCE OF STATES: POWER TO LEGISLATE TO FULFIL TREATY OBLIGATIONS
R. R. Garran
28 January 1921
CONSTITUTION, s. 51 (i). (xxix): DRAFT CONVENTION ON FREEDOM OF TRANSIT, Statute. Art. 5

These papers are transmitted to me for advice on the legal questions raised in Mr Knowles's memorandum of 2 December 1920. These questions are: Whether the Commonwealth, under its power as to ex...

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1042
COMMONWEALTH IMMUNITY FROM STATE LAWS
STATE STAMP DUTY: WHETHER DECLARATIONS MADE UNDER INVALID AND OLD-AGE PENSIONS LEGISLATION ARE SUBJECT TO DUTY: MEANING OF 'STATUTE' IN STATE ACT
R. R. Garran
02 February 1921
INVALID AND OLD-AGE PENSIONS ACT 1908: STAMP DUTIES ACT 1920 (N.S.W.), Second Schedule

The Secretary to the Treasury has submitted the following memorandum for advice: It has come under notice that under the New South Wales Stamp Duties Act 1920 declarations made under statute requ...

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1043
AIR FORCE
POWER TO CONSTITUTE AUSTRALIAN AIR FORCE: APPLICATION OF IMPERIAL LEGISLATION TO FORCE: LEGAL MEASURES NECESSARY TO ESTABLISH FORCE
R. R. Garran
10 February 1921
DEFENCE ACT 1903, s. 33

The Secretary to the Department of Defence has forwarded for advice the following memorandum: I am directed to inform you that it is the desire of the Air Council to proceed (under existing Acts)...

9
1044
WAR GRATUITY
WHETHER WAR GRATUITY CONSTITUTES PROPERTY FOR PURPOSES OF INVALID AND OLD-AGE PENSION LEGISLATION: EFFECT OF PROCEEDS OF GRATUITY MIXING WITH OTHER MONEYS IN PENSIONER'S BANK ACCOUNT: POSITION OF PROPERTY PURCHASED FROM GRATUITY
R. R. Garran
23 February 1921
INVALID AND OLD-AGE PENSIONS ACT 1908, s. 24 (2): WAR GRATUITY ACTS 1920, s. 18

The Secretary to the Department of the Treasury has forwarded for advice the following memorandum: With reference to the Solicitor-General's opinion of 25 January 1921(1) on the above subject, I sha...

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1045
REPATRIATION: DEFENCE FORCES
ELIGIBILITY FOR PENSIONS AND BENEFITS OF PERSONS WHO ENLISTED AFTER ARMISTICE WITH GERMANY: MEANING OF DURING THE PRESENT WAR'
R. R. Garran
24 February 1921
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, ss. 22, 23 (a), (b). 46 (2)

The chairman of the Repatriation Comission has forwarded for advice the following memorandum: The question has arisen as to the eligibility for benefits under the Australian Soldiers' Repatriatio...

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