Legal Opinions

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81
1116
NAVIGATION AND SHIPPING
ENGAGEMENT IN COASTING TRADE: GOODS ON THROUGH BILL OF LADING TO OR FROM PORT BEYOND AUSTRALIA NOT INCLUDED: POSITION WHERE SHIPMENT TO PORT IN AUSTRALIA IS SUBSEQUENTLY EXTENDED TO ANOTHER PORT
R. R. Garran
10 August 1921
NAVIGATION ACT 1912, s. 7

The Comptroller-General of Customs has forwarded me the following memorandum for advice: With reference to the Secretary's memorandum of 22 July, advising that, in his opinion, the term 'through ticke...

82
1117
INCOME TAX STATUTORY EFFECT GIVEN TO OPINION OF COMMISSIONER: WHETHER FORMING OF OPINION IS FUNCTION OF COMMISSIONER THAT CAN BE DELEGATED
R. R. Garran
16 August 1921
INCOME TAX ASSESSMENT ACT 1915, ss. 3. 7. 50A

The Naval Secretary has forwarded for advice the following memorandum: With reference to sections 88 and 89 of the Naval Discipline Act, which read as follows: His Majesty's land forces, whe...

83
1118
WAR PENSIONS POWER OF REPATRIATION COMMISSION TO REVIEW RATES OF PENSION FOR PERIOD BEFORE ESTABLISHMENT OF COMMISSION
R. R. Garran
18 August 1921
WAR PENSIONS ACT 1914, ss. 6, 7: AUSTRALIAN SOLDIERS' REPATRIATION ACT 1920, ss. 3, 27, 28

The Chairman of the Repatriation Commission has forwarded for advice the following memorandum: A pensioner was granted a full pension on 2.2.1916 which was subsequently reduced to half rate on 12.1...

84
1119
NATURALIZATION NATURALIZATION APPROVED UNDER WESTERN AUSTRALIAN LAW BUT NO CERTIFICATE ISSUED BEFORE COMMENCEMENT OF COMMONWEALTH LEGISLATION: PERSON NOT A NATURALIZED SUBJECT
R. R. Garran
24 August 1921
NATURALIZATION ACT 1903: NATIONALITY ACT 1920, s. 33: NATURALIZATION ACT 1871 (W.A.), s. 4

The Secretary, Home and Territories Department, has submitted the following memorandum to me for advice: The accompanying file relates to an application for naturalization made by A.B.C.D., in 1897...

85
1120
PREFERENCE TO ONE STATE OVER ANOTHER STATE LOWER STANDARDS PROPOSED FOR FRUIT SHIPPED FROM TASMANIA: FRUIT TO BE MARKED 'TASMANIA' AS AGAINST 'AUSTRALIA' FOR MAINLAND FRUIT: WHETHER PREFERENCE TO TASMANIA
R. R. Garran
25 August 1921
CONSTITUTION, s. 99: APPLES AND PEARS ACT 1918 (TAS.), s. 3

The Comptroller-General of Customs has forwarded to me the report, dated 17 January 1921, of the Inter-State Conference of Fruitgrowers and Government Fruit Experts to the Minister for Trade and Custo...

86
1121
GOVERNOR-GENERAL
RETURN OF DESERTING BRITISH SOLDIERS TO SINGAPORE: WHETHER GOVERNOR-GENERAL MAY ORDER
R. R. Garran
27 August 1921
CONSTITUTION, ss. 2, 68: ARMY ACT (IMP.), s. 122: KING'S REGULATIONS (IMP.), paragraph 519

In reply to your letter of 25 August I desire to inform you that I have considered the question whether the Commission of Sir William Irvine as Deputy of the Governor-General is sufficient authority f...

87
1122
NAVIGATION AND SHIPPING
APPLICATION OF FEDERAL LAWS TO SHIPS ENGAGED PARTLY IN INTRA-STATE TRADE AND PARTLY IN INTER-STATE OR OVERSEAS TRADE: INTRA-STATE SHIPS CARRYING GOODS FOR EXPORT OR INTER-STATE TRANSPORT OR GOODS IMPORTED FROM OVERSEAS
R. R. Garran
31 August 1921
CONSTITUTION, ss. 51 (i), 98: NAVIGATION ACT 1912, s. 2

The Comptroller-General of Customs forwards the following memorandum for advice: From a perusal of the text of the judgment of the High Court in the recent case, Commonwealth ats. Newcastle and H...

88
1123
RESTITUTION OF CAPTURED PROPERTY
SILVER COIN ALLEGED TO BE CAPTURED BY GERMAN RAIDER "WOLF1: QUESTION OF RECOVERY
R. R. Garran
01 September 1921
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Part VIII, Section I, Arts 238, 239, Annex I, paragraph (9)

The Secretary to the Treasury has forwarded me the following minute for advice: The Commonwealth Bank has brought under notice that a parcel of Australian silver, about £2,500 has been offered ...

89
1124
NAVIGATION AND SHIPPING
WAGES TO BE PAID MONTHLY: CALCULATION OF WAGES FOR PART OF A MONTH
R. R. Garran
01 September 1921
NAVIGATION ACT 1912, s. 77

The Comptroller-General of Customs has forwarded me the following memorandum for advice: With reference to the Solicitor-General's opinion of 21.7.21(1), relative to the above, it is considered h...

90
1125
INCONSISTENCY
CERTIFICATES OF LIEN FROM BANKS MAKING ADVANCES TO INVESTORS IN COMMONWEALTH LOANS: WHETHER LIABLE TO STATE STAMP DUTY
R. R. Garran
05 September 1921
CONSTITUTION, s. 109: COMMONWEALTH INSCRIBED STOCK ACT 1911. s. 20A: STAMP DUTIES ACT 1920 (N.S.W.), ss. 24, 38

The Secretary to the Treasury has forwarded to me for advice the following letter from the Secretary of the Commonwealth Bank, Sydney: Under the New South Wales Stamp Duties Act of 1920 all securit...

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