Legal Opinions

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31
1407
ELECTIONS
NOMINATION FOR ELECTION: QUALIFICation: officer of the Commonwealth Public Service: REQUIREMENT THAT NOMINEE DECLARE ELIGIBILITY TO HOLD OFFICE IF ELECTED: EFFECT OF FALSE STATEMENT IN DECLARATION: ACCEPTANCE OF NOMINATION: DISQUALIFICATION
R. R. Garran
16 February 1927
CONSTITUTION s 44: COMMONWEALTH ELECTORAL ACT 1902 s 95: COMMONWEALTH ELECTORAL ACT 1918 ss 69, 73, 170

The Chief Electoral Officer has forwarded the following Memorandum for advice: Dalley By Election to be held on 26th. February, 1927. Nominations due 17th. February, 1927, at 12 noon. ...

32
1408
WORKMEN’S COMPENSATION
POWER OF COMMONWEALTH PARLIAMENT TO PASS COMPREHENSIVE LEGISLATION IN REGARD TO WORKMEN’S COMPENSATION
R. R. Garran
18 February 1927
COMMONWEALTH WORKMEN’S COMPENSATION ACT 1912

The Secretary to the Treasury has forwarded the following Memorandum for advice: In connection with the consideration of legislation necessary for the establishment of a scheme for National ...

33
1409
COMMITTEE OF PUBLIC ACCOUNTS
COMMITTEE OF PUBLIC ACCOUNTS: POWER TO HOLD PROCEEDINGS IN CAMERA: POWER TO PROHIBIT PUBLICATION OF EVIDENCE AND DECISIONS: WHETHER ACTION CAN BE TAKEN AGAINST WITNESS WHO DISCLOSES EVIDENCE
R. R. Garran
29 March 1927
COMMITTEE OF PUBLIC ACCOUNTS ACT 1913

The Secretary of the Parliamentary Joint Committee of Public Accounts has forwarded me the following minute for advice: There have appeared in the press recently articles concerning the invest...

34
1410
SHIPPING
whether hoisting of Japanese flag by British vessel is offence under Merchant Shipping Act
R. R. Garran
08 April 1927
MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) s 73

The Comptroller-General of Customs has submitted for advice the question whether the hoisting of a Japanese flag by a British vessel under the circumstances indicated in the file is an offence under t...

35
1411
RAILWAYS
POWER OF Commonwealth TO legislate to compel adoption throughout Australasia of uniform standards and methods on State Railways
R. R. Garran
13 April 1927
CONSTITUTION ss 51(i), 98

The Secretary, Department of Works and Railways has forwarded me for advice the following minute from the Commonwealth Railways Commissioner: As the Honorable the Minister is aware, annual con...

36
1412
SHIPPING
CLAIMS BY COMMONWEALTH FOR SALVAGE IN RESPECT OF ASSISTANCE RENDERED TO MERCHANT SHIPS BY SHIPS OF rOYAL AUSTRALIAN NAVY
R. R. Garran
14 April 1927
NAVIGATION ACT 1912 ss 3, 315, 317, 317A: MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) ss 544, 546, 557, 558, 561: MERCHANT SHIPPING (SALVAGE) ACT 1916 (U.K.) (6 & 7 Geo. 5 c. 41) s 1: MERCHANT SHIPPING ACT 1854 (U.K.) (17 & 18 Vict. c. 104) s 458

The Comptroller-General of Customs has sent me the following memorandum for advice: The following communication has been received from the Secretary, Department of Defence: Salvage S...

37
1413
TAXATION
income tax: TAXPAYER DERIVING INCOME FROM MORE THAN ONE BUSINESS: MEANING OF ‘BUSINESS’ IN THIS CONTEXT: WHETHER EMPLOYEE IS CARRYING ON ‘BUSINESS’
R. R. Garran
06 May 1927
INCOME TAX ASSESSMENT ACT 1922 s 13: INCOME TAX ASSESSMENT ACT 1915 ss 3, 21

The Commissioner of Taxation has forwarded the following case for opinion: I refer to your memorandum No. 138 of 1926 dated 16th July 1926 covering Crown Solicitor’s opinion in the app...

38
1414
LOAN FUNDS
LOAN FOR ADVANCES FOR PURCHASE OF WIRE AND WIRE NETTING: WHETHER ‘REVENUES OR MONEYS’ IN CONSTITUTION s 81 INCLUDES MONEYS RAISED BY WAY OF LOAN: WHETHER MONEYS ARE REQUIRED TO BE PAID INTO CONSOLIDATED REVENUE FUND: TERMS OF APPROPRIATION: PAYMENT OF AMOUNT APPROPRIATED INTO TRUST ACCOUNT
R. R. Garran
16 May 1927
LOAN ACT (No. 1) 1926: WIRE AND WIRE NETTING ACT 1927 s 4: SURPLUS REVENUE ACT 1908 ss 4, 5b: CONSTITUTION s 81

The Secretary to the Treasury has forwarded me the following minute for advice: An amount of £500,000 was included in the Loan Appropriation 1925–26 for ‘Advances to States and t...

39
1415
APPLICATION OF STATE LAW TO COMMONWEALTH
COUNCIL FOR SCIENTIFIC AND INDUSTRIAL RESEARCH: WHETHER BOUND BY STATE WORKERS’ COMPENSATION LEGISLATION IN RESPECT OF OFFICERS ENGAGED IN INVESTIGATIONS IN NEW SOUTH WALES: MEANING OF ‘EMPLOYER’: EXPRESS INCLUSION OF SOME GOVERNMENT DEPARTMENTS AND AUTHORITIES: IMPLIED EXCLUSION OF COMMONWEALTH GOVERNMENT DEPARTMENTS: INCONSISTENCY
R. R. Garran
20 May 1927
SCIENCE AND INDUSTRY RESEARCH ACT 1920 s 14A: CONSTITUTION s 109: WORKERS’ COMPENSATION ACT 1926 (NSW)

The Secretary, Council for Scientific and Industrial Research has forwarded the following memorandum for advice: Under the provisions of the Science and Industry Research Act, 1920 – 26...

40
1416
IMPLEMENTATION OF TREATIES
IMPLEMENTATION BY COMMONWEALTH OF Draft Convention for the Protection of Scientific Property: PATENTS POWER
R. R. Garran
24 May 1927
CONSTITUTION s 51(xviii)

I am in receipt of your memorandum dated the 29th March, 1927, relative to the proposed Draft Convention for the Protection of Scientific Property which was approved in principle by the Fourth Assembl...

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