Legal Opinions

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21
1056
PASSPORTS
WHETHER MINISTER HAS POWER TO WITHHOLD VISA TO PASSPORT: EXERCISE OF DISCRETION: MEANING OF LEAVING THE COMMONWEALTH ON DUTY'
R. R. Garran
22 April 1921
PASSPORTS ACT 1920, s. 3 (2) (a)

The Minister for Home and Territories asks for advice on the questions raised in the following memorandum: The Consul for Sweden, in protection of the rights of a Swedish subject-the plaintiff in t...

22
1057
NAVIGATION AND SHIPPING
WAGES PAYABLE TO SEAMEN ON SHIPS ENGAGED IN COASTING TRADE: AUSTRALIAN RATES OF WAGES: MEANING OF WAGES1: OVERTIME PAYMENTS
R. R. Garran
28 April 1921
NAVIGATION ACT 1912, ss. 6, 288 (3) (a), 289 (1)

The Comptroller-General of Customs has forwarded the following memorandum for advice on the question raised therein: Section 288 of the Navigation Act includes as a condition upon which licences a...

23
1058
NAVIGATION AND SHIPPING
DETERMINING LIMITS OF PORTS FOR PURPOSE OF DEFINITION OF RIVER AND BAY SHIP: WHETHER STATE BOUNDARIES MAY BE ADOPTED: POWER TO PRESCRIBE LIMITS: PORT OF MARYBOROUGH
Geo. S. Knowles
09 May 1921
NAVIGATION ACT 1912, s. 6

The Comptroller-General of Customs has forwarded me the following minute with a request for advice: In connection with the Solicitor-General's opinion of 15.1.1921 on the abovementioned subject, ...

24
1059
REPATRIATION
REFUSAL OF PENSIONER TO UNDERGO OPERATION OR MEDICAL TREATMENT: WHETHER PENSION CAN BE CANCELLED
R. R. Garran
13 May 1921
AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, s. 29

The Chairman of the Repatriation Commission has forwarded for advice the following memorandum: The Commission has long ago adopted the practice that, if a soldier refused to undergo an operation or m...

25
1060
FEDERAL SHIPBUILDING TRIBUNAL
WHETHER NAVY IS LIABLE TO PAY EMPLOYEES AT RATES DETERMINED BY TRIBUNAL IN EXCESS OF AWARD RATES: JURISDICTION OF TRIBUNAL
Geo. S. Knowles
14 May 1921

I have been asked to advise as to the liability of the Department of the Navy to pay to some of its employees at the Cockatoo Island Dockyard a sum of 8s 6d per week above the award rates. The pos...

26
1061
PUBLIC SERVICE ARBITRATION
WHETHER AN INTERPRETATION OF A DETERMINATION IS A DETERMINATION: NATURE OF AN INTERPRETATION
R. R. Garran
18 May 1921
ARBITRATION (PUBLIC SERVICE) ACT 1920. ss. 11 (4), 12. 21, 22

The Acting Secretary to the Prime Minister's Department has requested advice as to whether the interpretation by the Public Service Arbitrator of a determination made by the Arbitrator is a determinat...

27
1062
NAVIGATION AND SHIPPING
DETERMINING LIMITS OF PORTS FOR PURPOSE OF DEFINITION OF LIMITED COAST-TRADE SHIP: WHETHER GOVERNOR-GENERAL CAN CANCEL DETERMINATION AND ISSUE FRESH ONE DETERMINING OTHER LIMITS
R. R. Garran
19 May 1921
ACTS INTERPRETATION ACT 1901. s. 33 (1): NAVIGATION ACT 1912. s. 6

The Acting Comptroller-General of Customs has requested advice as to whether when once the Governor-General has determined the limits of a port, for the purposes of the definition of 'Limited coast-tr...

28
1063
NATURALIZATION
WHETHER RESIDENCE QUALIFICATION APPLIES TO DECEASED ALIENS WIDOW WHO WAS PREVIOUSLY NATURALIZED BUT WHO IMMEDIATELY BEFORE HER MARRIAGE WAS NOT A BRITISH SUBJECT
R. R. Garran
19 May 1921
NATIONALITY ACT 1920, s. 7 (5)

The Secretary, Department of Home and Territories, has forwarded me the following minute for advice: I shall be glad to be advised, as early as possible, in regard to the following: A German lady,...

29
1064
NATURALIZATION
EFFECT OF AUSTRALIAN CERTIFICATES OF NATURALIZATION WITHIN MANDATED TERRITORY OF NEW GUINEA
R. R. Garran
27 May 1921
NATURALIZATION ACT 1903: NATIONALITY ACT 1920. ss. 8, 17: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914: LAWS REPEAL AND ADOPTING ORDINANCE 1921 (N.G.)

The Secretary, Prime Minister's Department, has submitted the following memorandum for advice: The attached letter of 9 April and radio of 6 May from the Deputy Chairman, Expropriation Board, Rabau...

30
1065
WAR-TIME PROFITS TAX
LEGALITY OF BRITISH SCHEME TO PREVENT DOUBLE TAXATION OF WAR-TIME PROFITS WAR-TIME
R. R. Garran
27 May 1921
PROFITS TAX ASSESSMENT ACT 1917, ss. 8, 9: FINANCE ACTS (IMP.), Part III

The following memorandum from the Treasury is forwarded to me for advice on the question raised by Mr Collins: Two schemes were propounded to prevent double taxation of war-time profits, one by the...

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