Legal Opinions

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11
1046
WAR PRECAUTIONS
REQUIREMENT THAT INFORMATION IN RESPECT OF OVERSEAS COMPANIES BE FURNISHED TO COLLECTOR OF CUSTOMS BY AGENTS IN AUSTRALIA: WHETHER REQUIREMENT CAN BE SATISFIED BY COMPANIES SUPPLYING INFORMATION DIRECT TO COLLECTOR
R. R. Garran
25 February 1921
WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 19 (I), (2), (5) (a)

The Comptroller-General of Customs has submitted for advice the following questions raised by Messrs Brown and Dureau Ltd: Whether it is permissible for us to advise principals to forward th...

12
1054
MURRAY RIVER WATERS
AGREEMENT AMENDING AGREEMENT BETWEEN COMMONWEALTH AND PARTICIPATING STATES: PURPORTED RATIFICATION BY NEW SOUTH WALES WITH ALTERATIONS: EFFECT OF ALTERATIONS: ACTION NECESSARY TO REMEDY DEFECT
R. R. Garran
01 March 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.), ss. 13A, 13B, 13C, 13D; Schedule: RIVER MURRAY WATERS (AMENDMENT) ACT 1920 (N.S.W.), ss. 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 13: RIVER MURRAY WATERS ACT 1915-1920 (N.S.W.), First Schedule, Second Schedule

The Secratary, Department of Works and Railways: In an opinion dated 24 January 1921(2) I expressed the opinion that in conse-quence of the amendments made by the Parliament of New South Wales in the ...

13
1047
WAR PRECAUTIONS: IMMIGRATION: DELEGATION OF MINISTERIAL POWERS
BRITISH SUBJECT ARRIVING IN AUSTRALIA REQUIRED TO TAKE OATH BEFORE BEING PERMITTED TO LAND: EFFECT OF TEMPORARY VISIT ASHORE BEFORE LANDING': WHETHER MINISTER CAN DELEGATE POWER TO PREVENT INTENDING IMMIGRANT FROM ENTERING COMMONWEALTH
R. R. Garran
02 March 1921
IMMIGRATION ACT 1901-1920, ss. 3, 3J: WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 9(1)

The Secretary, Department of Home and Territories, has submitted the following memorandum to me for advice: With reference to section 9, sub-section (1) of the War Precautions Act Repeal Act 1920, wh...

14
1048
NAVIGATION AND SHIPPING: NAURU
APPLICATION OF COASTING TRADE PROVISIONS OF NAVIGATION LEGISLATION TO SHIPS TRADING BETWEEN COMMONWEALTH AND NAURU: LAWS TO OPERATE IN NAURU: NATURE OF NAURU MANDATE
R. R. Garran
04 March 1921
NAVIGATION ACT 1912, ss. 2, 6, 7

I am in receipt of your minute of 23 February 1921, submitting for my perusal and comments copies of certain cable communications between the Secretary of State, the Commonwealth, and the Prime Minist...

15
1049
HOUSE OF REPRESENTATIVES
CALCULATION OF NUMBER OF MEMBERS FOR A STATE: RECKONING TO EXCLUDE PERSONS OF ANY RACE WHOLLY EXCLUDED FROM STATE ELECTIONS: WHETHER STATE LAWS EXCLUDE ALL PERSONS FROM ANY RACE
R. R. Garran
07 March 1921
CONSTITUTION, ss. 24, 25, 127: NATURALIZATION ACT 1903. s. 5: NATIONALITY ACT 1920: NATURALISED SUBJECTS FRANCHISE ACT 1916 (N.S.W.), ss. 1, 4: CHINESE ACT 1915 (VIC), ss. 3, 4: ELECTIONS ACT 1915 (QLD), s. 11: ELECTORAL CODE 1908 (S.A.), s. 5: ELECTORAL ACT 1907 (W.A.). s. 18 (d)

The Chief Electoral Officer has forwarded for advice the following memorandum: I shall be pleased to receive advice, in respect of each State excepting Tasmania, as to the persons other than aborig...

16
1050
AIR NAVIGATION
WHETHER AIR NAVIGATION LEGISLATION CAN BE BROUGHT INTO OPERATION WITHOUT REFERRAL OF POWERS BY STATES: EXTENT OF COMMONWEALTH POWER OVER INTRA-STATE AIR NAVIGATION
R. R. Garran
10 March 1921
CONSTITUTION, s. 51 (i), (vi). fxxixj. (xxxix): AIR NAVIGATION ACT 1920, ss. 2, 4: AIR NAVIGATION REGULATIONS, reg. 11

The Secretary of the Air Council has forwarded me the following minute for advice: Section 2 of the Commonwealth Air Navigation Act No. 50 of 1920 provides that: 'This Act shall commence in relati...

17
1051
AUDITOR-GENERAL
NAVAL EXPENDITURE: EXTENT OF AUDITOR-GENERAL'S POWER TO INSPECT BOOKS AND ACCOUNTS OF NAVAL SHIPS
R. R. Garran
10 March 1921
AUDIT ACT 1901, ss. 45, 63A

The Naval Secretary has forwarded for advice the following memorandum: With reference to the following request received from the Office of the Auditor-General, viz.: 'I shall be glad if you will ...

18
1052
NAVIGATION AND SHIPPING
WHETHER COMMONWEALTH HAS POWER TO PRESCRIBE LIFE-SAVING APPLIANCES TO BE CARRIED ON SHIPS ENGAGED IN INTRA-STATE SHIPPING
R. R. Garran
12 March 1921
CONSTITUTION, ss. 51 (i), (xxxix), 98: NAVIGATION ACT 1912, s. 215

The Comptroller-General of Customs has forwarded me the following minute for advice on the question raised therein: In the draft Regulations under the Navigation Act relating to the life-saving a...

19
1053
PUBLIC SERVICE
WHETHER TEMPORARY EMPLOYEES ACQUIRE ANY SPECIAL RIGHTS BY REASON OF LONG SERVICE: WHETHER TEMPORARY EMPLOYEES MAY PROPERLY BE PERMANENTLY APPOINTED WITH RETROSPECTIVITY
R. R. Garran
22 March 1921
COMMONWEALTH PUBLIC SERVICE ACT 1902

The Secretary, Department of the Joint House Committee, has forwarded to me for advice the following minute: I have the honour to ask the favour of an opinion on the following question: Some of the e...

20
1055
PUBLIC WORKS COMMITTEE
WHETHER PROPOSED ERECTION OF CERTAIN GROUPS OF COTTAGES IN CANBERRA SHOULD BE REFERRED TO PUBLIC WORKS COMMITTEE: WHETHER EACH GROUP IS A SEPARATE WORK
R. R. Garran
16 April 1921
COMMONWEALTH PUBLIC WORKS COMMITTEE ACT 1913, s. 15

The Secretary, Department of Works and Railways, has referred to the Department of the Attorney-General the question as to the necessity of a reference to the Public Works Committee of the following w...

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