Legal Opinions

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71
1106
WAR PRECAUTIONS
PARTICULARS TO BE FURNISHED TO COLLECTOR OF CUSTOMS BY AGENTS OF OVERSEA FIRMS: NAMES AND PARTNERS OF BRANCHES DIFFERENT FROM THOSE OF HEAD OFFICE: STILL BRANCHES IF BUSINESS AND PROFITS ARE FOR HEAD OFFICE
R. R. Garran
20 July 1921
WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 19 (4) (b) (iv)

The Comptroller-General of Customs has submitted to me the following minute for advice: E.A. Harris, writing as Attorney for Ford, Rhodes & Ford, Public Accountants, London, has raised the follow...

72
1107
NATURALIZATION
EFFECT IN AUSTRALIA OF NATURALIZATIONS GRANTED IN UNITED KINGDOM BEFORE AND AFTER COMMENCEMENT OF BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914: MEANING OF 'NATURALIZED SUBJECT OF THE KING' IN AUSTRALIAN ELECTORAL LAW
R. R. Garran
21 July 1921
COMMONWEALTH ELECTORAL ACT 1918, s. 39: NATIONALITY ACT 1920, s. 15: NATURALIZATION ACT 1870 (IMP.), s. 7: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP), Part II

The Secretary, Department of Home and Territories, has submitted the following minute for advice: I shall be glad if you will favour me with advice regarding the following: Is a person of alien ...

73
1108
NAVIGATION AND SHIPPING
AGENT OF SHIPOWNER COMPANY: AGENT OR AGENT'S STAFF CONVEYED BETWEEN AUSTRALIAN PORTS: WHETHER 'PASSENGERS'
R. R. Garran
21 July 1921
NAVIGATION ACT 1912. ss. 6, 7

The Comptroller-General of Customs has forwarded me the following memorandum for advice: With reference to the Solicitor-General's opinions of 29.6.21(1) and of 11.7.21(2), relative to the above,...

74
1109
NAVIGATION AND SHIPPING: OATHS
ADMINISTRATION OF OATHS UNDER COMMONWEALTH LAW: OATHS' INCLUDES AFFIRMATIONS WHERE ALLOWED UNDER STATE LAW: FORM OF OATH AND AFFIRMATION TO BE FOUND IN STATE LAW
R. R. Garran
21 July 1921
NAVIGATION ACT 1912, s. 413 (I) (e)

The Comptroller-General of Customs has forwarded me the following minute for advice: Section 413 of the Navigation Act provides that the Minister, or any person authorised by him, may, among other th...

75
1110
PUBLIC SERVANT
EXTENT TO WHICH MISCONDUCT OUTSIDE OFFICIAL DUTY AMOUNTS TO DISGRACEFUL OR IMPROPER CONDUCT
R. R. Garran
21 July 1921
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46

The Secretary to the Public Service Commissioner has forwarded me the following memorandum for advice: A.B.C, Assistant, Postmaster-General's Department, Western Australia, was charged under sect...

76
1111
ENEMY PROPERTY
APPLICATION OF PEACE TREATIES TO TERRITORY GOVERNED BY AUSTRALIA UNDER A MANDATE
R. R. Garran
21 July 1921
NAVIGATION ACT 1912, s. 6: NEW GUINEA ACT 1920, s. 4: TREATY OF PEACE (GERMANY) ACT 1919-1920, s. 1A: TREATY OF PEACE (GERMANY) ACT 1920, s. 3: TREATIES OF PEACE (AUSTRIA AND BULGARIA) ACT 1920, s. 2: TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND AUSTRIA (1919), Art. 249 (b): TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND BULGARIA (1919), Art. 177 (b)

The Comptroller-General of Customs has submitted the following minute for advice: Section 1A of the Treaty of Peace (Germany) Act 1919-1920 reads: This Act shall apply to the Territories under the...

77
1112
WAR GRATUITY
GENERAL REGULATION-MAKING POWER: INCLUDES POWER TO PRESCRIBE PENALTIES
R. R. Garran
21 July 1921
WAR GRATUITY ACTS 1920, s. 20

With reference to your memorandum of 5 July 1921, I have to inform you that although the War Gratuity Acts 1920 do not in express terms give power to make regulations for providing penalties against t...

78
1113
NAVIGATION AND SHIPPING
ENGAGEMENT IN COASTING TRADE: PASSENGERS ON THROUGH TICKET TO OR FROM PORT BEYOND AUSTRALIA NOT INCLUDED: POSITION WHERE TICKET TO PORT IN AUSTRALIA IS SUBSEQUENTLY EXTENDED TO ANOTHER PORT
R. R. Garran
22 July 1921
NAVIGATION ACT 1912, s. 7

I am in receipt of your memorandum (undated) relative to the question of engagement in the coasting trade. The necessity for the revision of the circular has arisen in connection with the interpretat...

79
1114
NAVIGATION AND SHIPPING: NAVAL FORCES OF COMMONWEALTH
APPLICATION OF NAVIGATION ACT: NON-COMMISSIONED FLEET AUXILIARY: WHETHER A SHIP BELONGING TO NAVY OF THE COMMONWEALTH
R. R. Garran
29 July 1921
NAVIGATION ACT 1912, s. 3

The Comptroller-General of Customs has submitted the following memorandum to me for advice: Section 3 of the Navigation Act provides that the Act shall not apply to, inter alia, 'ships belonging to...

80
1115
ENEMY PROPERTY
EXPROPRIATED PROPERTY IN NEW GUINEA: POSITION OF INTEREST PAYMENTS, PROFITS AND LIABILITIES
R. R. Garran
10 August 1921
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 296

The Secretary, Prime Minister's Department, has submitted the following memorandum for advice: In connection with the audit of the transactions of the expropriated companies etc. in the Territory o...

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