Legal Opinions

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41
1076
WAR GRATUITY
LODGMENT OF WAR GRATUITY BOND OR CASH WITH COMMONWEALTH BANK TO BE HELD FOR OR PAID TO CLAIMANT: WHETHER PART OF CLAIMANT'S ESTATE ON HIS DEATH: WHETHER BANK ACTS FOR COMMONWEALTH OR CLAIMANT
R. R. Garran
03 June 1921
WAR GRATUITY ACTS 1920, s. 9 (I)

The Secretary to the Department of Defence has forwarded for advice the following memorandum: The following is a copy of a cablegram received from the High Commissioner's Office, London: War gratu...

42
1077
NAVAL FORCES OF COMMONWEALTH
ENLISTMENT OF PERSON UNDER TWENTY-ONE WITH MOTHER'S CONSENT ONLY, FATHER BEING ALIVE: EXTENT TO WHICH ENLISTMENT IS BINDING: MEANING OF 'PARENT'
R. R. Garran
09 June 1921
NAVAL DEFENCE ACT 1910, s. 25A

The Secretary to the Department of the Navy has forwarded for advice the following memorandum: I am commanded by the Naval Board to forward herewith Form A.S.55a and Consent Paper in respect of the...

43
1078
SPEAKER OF HOUSE OF REPRESENTATIVES
CHAIRMAN OF COMMITTEES CHOSEN TO PERFORM DUTIES OF SPEAKER IN HIS ABSENCE: SPEAKER ILL: WHETHER CHAIRMAN CAN ISSUE WRIT FOR VACANCY IN HOUSE
R. R. Garran
10 June 1921
CONSTITUTION, ss. 33, 36

The Clerk of the House of Representatives forwards the following case for advice: With reference to the vacancy for the Division of Maranoa, caused by the death of Mr James Page-in the case of a by...

44
1079
ENEMY PROPERTY
ONUS OF PROVING THAT A PERSON, FIRM OR COMPANY IS OF GERMAN NATIONALITY: METHOD OF TAKING EVIDENCE IN AUSTRALIA ON NATIONALITY FOR USE IN NEW GUINEA
R. R. Garran
10 June 1921
EXPROPRIATION ORDINANCE 1920 (N.G.), s. 3: TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 297

The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice: On 14.3.[2]1, two brothers George J., and George Rudolph J., the latter known as Rudolph J., each...

45
1080
NAVIGATION AND SHIPPING
PERSON CARRIED FREE ON SHIP WITH KNOWLEDGE AND CONSENT: WHETHER A 'PASSENGER'
R. R. Garran
11 June 1921
NAVIGATION ACT 1912, ss. 6, 7: MERCHANT SHIPPING ACT 1854 (IMP.), s. 303: MERCHANT SHIPPING ACT 1894 (IMP.), s. 267: PILOTAGE ACT 1913 (IMP.)

The Comptroller-General of Customs has submitted the following minute to me for advice: Section 7 of the Navigation Act provides that a ship shall be deemed to engage in the coasting trade within t...

46
1081
NATURALIZATION
REVOCATION OF CERTIFICATE OF NATURALIZATION WHERE PERSON IS RESIDENT OUT OF HER MAJESTY'S DOMINIONS FOR SEVEN YEARS: DISCRETION OF GOVERNOR-GENERAL REGARDING CONTINUANCE OF CERTIFICATE
R. R. Garran
14 June 1921
NATIONALITY ACT 1920, s. 12 (2) (d)

The Secretary, Department of Home and Territories, has forwarded me the following memorandum for advice: A man named A.B. of Russian origin, was naturalized by the Commonwealth in March 1911, but i...

47
1082
PUBLIC SERVICE
OFFICER APPOINTED TO NEW GUINEA PUBLIC SERVICE: WHETHER EXISTING OR ACCRUING RIGHTS AFFECTED: WHETHER NECESSARY TO RESIGN
R. R. Garran
17 June 1921
COMMONWEALTH PUBLIC SERVICE ACT 1902

The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice: I desire to inform you that it has been decided to appoint Mr A.B.C, an officer of the Federal Taxa...

48
1083
PUBLIC SERVICE ARBITRATION
AGREEMENT BETWEEN DEPARTMENT AND EMPLOYEES: WHETHER REGISTRABLE UNDER CONCILIATION AND ARBITRATION LEGISLATION
R. R. Garran
17 June 1921
COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904, Part VI; s. 80: ARBITRATION (PUBLIC SERVICE) ACT 1911: ARBITRATION (PUBLIC SERVICE) ACT 1920, s. 11

The Secretary, Department of Defence, has forwarded me the following memorandum for advice: The enclosed copy of correspondence between this office and the Public Service Arbitrator, on the subject...

49
1084
DEFENCE FORCES: BRITISH ORIGIN OR DESCENT
MEANING OF 'BRITISH ORIGIN OR DESCENT': WHETHER REFERS TO RACE OR NATIONALITY
R. R. Garran
21 June 1921
MILITARY COLLEGE REGULATIONS, reg. 6 (i) (d)

The Secretary to the Department of Defence has requested advice as to whether there is any legal objection under the existing Military College Regulations to the admission of Mr A.B.C.D. to the Royal ...

50
1085
REPATRIATION
POWER OF COMMISSION TO GRANT BENEFITS TO CLASSES OF PERSONS FOR WHOM SPECIFIC PROVISION IS NOT MADE: WHETHER AVAILABLE TO RATIFY REGULAR PAYMENTS: WHETHER MONEYS IRREGULARLY PAID ARE RECOVERABLE
R. R. Garran
21 June 1921
AUSTRALIAN SOLDIERS' REPATRIATION REGULATIONS, regs 179, 183

The Auditor-General has forwarded, for advice, the following memorandum: Certain payments made by the Department of Repatriation, Victoria, were not provided for by regulations under the Repatriati...

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