Legal Opinions

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21
1397
Shipping
fishing trawlers which supply fish alternately to melbourne and sydney: whether engaged in trade and commerce among the States: whether subject to provisions of Navigation Act
R. R. Garran
08 September 1926
Constitution ss 51(i), 98: Navigation Act 1912

The Comptroller-General, Department of Trade and Customs, has forwarded the following memorandum for advice: Recently certain steam trawlers, which previously had operated off the coast of New...

22
1398
Bounties
whether queensland government may grant bounty additional to Commonwealth bounty on production of seed cotton in queensland: requirement for consent of both houses of Commonwealth Parliament
R. R. Garran
22 September 1926
Constitution ss 90, 91

The Comptroller-General has asked for advice upon the following question which is set out in a telegram received by him from Mr. Bernard Corser, a member of the Queensland State Parliament: D...

23
1399
WHARFAGE
LIABILITY OF COMMONWEALTH TO PAY WHARFAGE RATES ON ITS GOODS IMPORTED INTO PORT OF MELBOURNE: EXEMPTION OF CROWN BY STATE ACT: MEANING OF ‘CROWN’ IN STATE ACT: WHETHER ‘CROWN’ INCLUDES CROWN IN RIGHT OF COMMONWEALTH: WHETHER CHARGES ARE CHARGES FOR SERVICES RENDERED OR TAX
R. R. Garran
22 September 1926
MELBOURNE HARBOR TRUST ACT 1915 s 110: CONSTITUTION s 114

The Secretary, Prime Minister’s Department, has forwarded me the following letter for advice as to the interpretation of section 110 of the Melbourne Harbor Trust Act 1915: I have to a...

24
1400
DISCRIMINATION OR PREFERENCE
EXPORT OF DAIRY PRODUCE: EXPORT LICENCE: CONDITION THAT LICENSEE WITHHOLD FROM SHIPMENT PROPORTION OF DAIRY PRODUCE DETERMINED BY DAIRY PRODUCE CONTROL BOARD: PROPOSAL TO NOTIFY LICENSEES IN ONE STATE ONLY TO WITHHOLD SHIPMENT OF DAIRY PRODUCE: WHETHER PREFERENCE TO ONE STATE OR PART THEREOF OVER ANOTHER STATE OR PART THEREOF
R. R. Garran
28 September 1926
AIRY PRODUCE EXPORT CONTROL (LICENCES) REGULATIONS Schedule form A: DAIRY PRODUCE EXPORT CONTROL ACT 1924 s 114: CONSTITUTION s 99

The Secretary, Department of Markets and Migration, has forwarded the following memorandum for advice: I desire to invite attention to condition (5) of form A in the Schedule to the Dairy Prod...

25
1401
PARLIAMENT HOUSE
parliament house: ALLOCATION OF ROOMS: Differences of opinion BETWEEN Cabinet Sub-Committee and President of Senate and Speaker of House of Representatives: control OF allocation of accommodation: POWERS OF SPEAKER AND PRESIDENT: POWER OF Government to intervene and decide manner in which particular space is to be allocated
R. R. Garran
30 September 1926
PUBLIC SERVICE ACT 1922

The Secretary, Home and Territories Department, has forwarded to me the following memorandum asking for advice: On the 12th July, 1923, the report of the Parliamentary Standing Committee on Pu...

26
1402
INTERNATIONAL TRADE IN ARMS
WHETHER EXPORT OF ARMS, AMMUNITION OR EXPLOSIVES TO NEW ZEALAND WOULD BE REGARDED AS ‘INTERNATIONAL’ TRADE FOR PURPOSES OF GENEVA CONVENTION: WHETHER COMMONWEALTH BOUND TO REPORT SUCH TRANSACTIONS
R. R. Garran
16 October 1926
CONVENTION FOR THE SUPERVISION OF THE INTERNATIONAL TRADE IN ARMS AND MUNITIONS AND IN IMPLEMENTS OF WAR Preamble, art 6

The Secretary, Prime Minister’s Department, has forwarded the following memorandum for advice: With reference to the Convention for the Supervision of the International Trade in Arms a...

27
1404
CUSTOMS
PROHIBITED IMPORTS: WHETHER PAMPHLETS ARE SEDITIOUS
R. R. Garran
23 October 1926
CUSTOMS PROCLAMATION No 37 GOVERNMENT GAZETTE 23 June 1921 p 989

With reference to your memorandum of the 8th October, 1926, forwarding certain publications for advice as to whether they infringe the Proclamation of the 16th June, 1926, I have to inform you that I ...

28
1403
SEAT OF GOVERNMENT
PROCEDURE TO EFFECT TRANSFER OF SITTINGS OF PARLIAMENT FROM MELBOURNE TO CANBERRA
R. R. Garran
27 November 1926
CONSTITUTION ss 5, 125: SEAT OF GOVERNMENT ACT 1908 s 3: SEAT OF GOVERNMENT ACCEPTANCE ACT 1909 s 4

Section 125 of the Constitution, after specifying the method by which the Seat of Government has to be determined, provides that the Parliament shall sit at Melbourne until it meets at the Seat of Gov...

29
1405
NEW GUINEA
validity of expropriation ordinances: claim of german companies FOR profits AND DAMAGES
R. R. Garran
07 January 1927
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY done at VERSAILLES on 28 June 1919 [1920] ATS 1 (Treaty of Versailles arts) 119, 121, 297B: MANDATE FOR THE ADMINISTRATION OF THE GERMAN POSSESSIONS IN THE PACIFIC OCEAN SITUATED SOUTH OF THE EQUATOR OTHER THAN GERMAN SAMOA AND NAURU, CONFERRED UPON HIS BRITANNIC MAJESTY FOR AND ON BEHALF OF THE COMMONWEALTH OF AUSTRALIA, CONFIRMED AND DEFINED BY THE COUNCIL OF THE LEAGUE OF NATIONS done at Geneva on 17 December 1920 [1920] ATS 2: NEW GUINEA ACT 1920: LAWS REPEAL AND ADOPTING ORDINANCE 1921 (NG): EXPROPRIATION ORDINANCE 1920 (NG) ss 4, 14: EXPROPRIATION ORDINANCE 1921 (NG) s 2

The Secretary, Prime Minister’s Department, has forwarded for advice the following memorandum which has been signed on behalf of a number of German companies which formerly owned interests in Ne...

30
1406
APPLICATION OF STATE LAW TO COMMONWEALTH
LIABILITY OF Commonwealth to pay STATE pound fees in respect of horses belonging to Military Authorities: WHETHER FEES ARE TAX: WHETHER COMMONWEALTH BOUND BY STATE LAW: INCONSISTENCY WITH COMMONWEALTH LAW
R. R. Garran
10 February 1927
IMPOUNDING ACT 1898 (NSW): CONSTITUTION ss 109, 114

The Secretary, Prime Minister’s Department, has asked for advice as to whether the Commonwealth is liable to pay pound fees in respect of horses belonging to the Military Authorities in New Sout...

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