Legal Opinions

Printer-friendly version Send by email PDF version
41
1417
SHIPPING
APPLICATION OF MERCHANT SHIPPING ACT: INCONSISTENCY BETWEEN NAVIGATION ACT AND MERCHANT SHIPPING ACT: LOAD LINES AND LOADING: SHIPS REGISTERED IN AUSTRALIA: SHIPS REGISTERED IN UNITED KINGDOM: SHIPS REGISTERED IN ANOTHER BRITISH POSSESSION: FOREIGN SHIPS
Geo. S. Knowles
25 May 1927
NAVIGATION ACT 1912 Part IV Div 3, 5, ss 2(2), 187, 188, 189, 218

The Comptroller-General of Customs has forwarded the following memorandum for advice: The High Court, in its Judgment in the ‘Niagara’ case,(1) affirmed the principle that any...

42
1418
NORTHERN TERRITORY
VALIDITY OF SLAUGHTERING ORDINANCE: VALIDITY OF PROSECUTION: SUITS ON BEHALF OF COMMONWEALTH: APPLICATION OF JUDICIARY ACT s 61 TO NORTHERN TERRITORY: TERRITORIES POWER: SUITS ARISING UNDER TERITORY LEGISLATION: VALIDITY OF Ordinance authorising Minister or Administrator to make regulations giving effect to Ordinance
Geo. S. Knowles
04 June 1927
Slaughtering Regulations 1924 (NT): Slaughtering Ordinance 1923 (NT) s 26: Northern Territory Administration Act 1910 s 13: CONSTITUTION covering cl 5, ss 41, 51, 61, 80, 109, 122: Judiciary Act 1903 s 61: Supreme Court Ordinance 1911 (NT) s 21A

The Secretary, Home and Territories Department, has forwarded the following memorandum for advice: I forward herewith the following documents in regard to the case Commonwealth v. Holmes ...

43
1419
NEW GUINEA
PUBLIC SERVICE: NEW GUINEA: COMPLAINT AGAINST OFF ICER: temperamental disability and objectionable conduct: WHETHER OFFICER unfit to discharge or incapable of discharging the duties of his office
R. R. Garran
22 July 1927
PUBLIC SERVICE ORDINANCE 1922 (NG) s 42

The Secretary, Home and Territories Department, forwards the following memorandum for advice: An officer of one of the Branches of the New Guinea Public Service recently resigned his position ...

44
1420
Ashmore and Cartier Islands
ashmore and cartier islands: transfer from british government to AUSTRALIA: ALTERATION OF BOUNDARIES OF COMMONWEALTH: ALTERATION OF BOUNDARIES OF WESTERN AUSTRALIA: DELEGATION OF LEGISLATIVE POWER TO WESTERN AUSTRALIA
R. R. Garran
23 July 1927
Government of Western Australia Act 1829 (U.K.) (10 Geo. IV c. 22): Colonial Boundaries Act 1895 (U.K.) (58 & 59 Vict. c. 34): Constitution covering cl 8, ss 122, 123

The Secretary to the Prime Minister’s Department has forwarded for advice the following memorandum: I am forwarding you herewith communications which have passed between the British and ...

45
1421
National Insurance Fund
POWER OF COMMONWEALTH TO legislate for National Insurance Fund: EXTENT OF INSURANCE POWER: ‘INSURANCE’: NATIONAL HEALTH SCHEME: UNEMPLOYMENT COUNCIL: UNEMPLOYMENT INSURANCE: WORKERS’ COMPENSATION: WHETHER COUNCIL COULD BE GIVEN POWERS OF COMPULSION: IMPLICATIONS FOR INVALID, OLD-AGE AND WAR PENSIONS: REGULATION OF FRIENDLY SOCIETIES
R. R. Garran
28 July 1927
Invalid and Old-age Pensions Act 1908: Constitution s 51(xiv): War Pensions Act 1914

The Secretary of the National Insurance Advisory Committee has forwarded me the following questions for advice: Has the Commonwealth power to legislate for a National Insurance Fund providin...

46
1422
QUALIFICATION FOR ELECTION TO PARLIAMENT
ELECTION TO PARLIAMENT: RETIRED PUBLIC SERVANT: DISQUALIFICATION OF PERSON RECEIVING ‘PENSION payable during the pleasure of the Crown out of any of the revenueS of the Commonwealth’: WHETHER PENSION UNDER SUPERANNUATION ACT 1922 DISQUALIFIES RECIPIENT FROM ELECTION
R. R. Garran
03 August 1927
Constitution s 44: Superannuation Act 1922 ss 18, 23

The Secretary to the Prime Minister’s Department has requested advice whether the receipt by a retired Public Servant of a pension disentitles him to sit or be chosen as a member of the Commonwe...

47
1423
MEANING OF ‘THE UNITED KINGDOM’
MEANING OF ‘THE UNITED KINGDOM’ in commonwealth legislation: meaning of ‘The United Kingdom of Great Britain and Ireland’ in acts interpretation act: effect of ceasing to exist of the United Kingdom of Great Britain and Ireland: application to Great Britain and Northern Ireland
R. R. Garran
05 August 1927
Customs Tariff 1921 s 8: Customs Tariff (Industries Preservation) Act 1921 s 9: Customs Act 1901 s 151A: Acts Interpretation Act 1901 s 18: Irish Free State (consequential Provisions) Act 1922) (U.K.) (13 Geo. V sess. 2 c. 2) s 6

The Comptroller-General, Department of Trade and Customs has forwarded me the following memorandum for advice: In various Acts administered by this Department the expression ‘the Unite...

48
1424
BANKING
BANKING: EXTENT OF POWER OF COMMONWEALTH TO REGULATE BANKING: POWER TO LEGISLATE FOR REGULATION OF BANKS WITHOUT LEGISLATING IN REGARD TO INCORPORATION OF BANKS: COMMONWEALTH POWER TO REGULATE BANKS ALREADY INCORPORATED UNDER COMPANY LAWS OF STATES: power in respect of BANKS WHICH MAY BE INCORPORATED IN FUTURE
R. R. Garran
08 August 1927
CONSTITUTION s 51(xiii)

The Secretary to the Treasury has forwarded the following memorandum for advice: The Commonwealth Bank has brought under notice the necessity for uniform legislation, in connection with c...

49
1425
Application to commonwealth of state laws
whether Australian Commonwealth Shipping Board bound by Finance (Family Endowment Tax) Act 1927 (NSW): WHETHER TAX: INCONSIStENCY WITH COMMONWEALTH LAW
R. R. Garran
01 October 1927
Finance (Family Endowment Tax) Act 1927 (NSW) ss 1, 2: Family Endowment Act 1927 (NSW) ss 12, 14, 39: Commonwealth Conciliation and Arbitration Act 1904

The Secretary to the Prime Minister’s Department has referred for advice a further memorandum from the Australian Commonwealth Shipping Board relative to the liability of the Board to contribute...

50
1426
STATUTORY INTERPRETATION
appointment of SECOND Deputy Registrar of Trade Marks: STATUTORY POWER TO CREATe OFFICE: WHETHER PROVISION IN ACTS INTERPRETATION ACT THAT WORDS IN THE SINGULAR INCLUDE THE PLURAL MEANS THAT TWO OR MORE OF SUCH OFFICES CAN BE CREATED
R. R. Garran
29 October 1927
Acts Interpretation Act 1901 s 23: Trade Marks Act 1905 s 11(3)

I am in receipt of your memorandum of 23rd September, 1927, recommending the appointment of Mr C. LeM. Allan as Deputy Registrar of Trade Marks. A similar recommendation was dealt with in my memor...

TOP

( ! ) SCREAM: Error suppression ignored for
( ! ) Warning: Duplicate entry '602706' for key 'PRIMARY' query: INSERT INTO accesslog (title, path, url, hostname, uid, sid, timer, timestamp) values('', 'legalopinion/1926/1930', '', '54.196.2.131', 0, '4s2nc7rg8jjbc3jti3h5q5sho7', 43, 1511134542) in C:\wamp\www\includes\database.mysqli.inc on line 134
Call Stack
#TimeMemoryFunctionLocation
10.0004677088{main}( )..\index.php:0
20.00341013008drupal_bootstrap( )..\index.php:15
30.02411556344_drupal_bootstrap( )..\bootstrap.inc:1113
40.04353505216bootstrap_invoke_all( )..\bootstrap.inc:1185
50.04533505904module_invoke( )..\bootstrap.inc:684
60.04533506400call_user_func_array ( )..\module.inc:476
70.04543506640statistics_exit( )..\module.inc:476
80.04713574288db_query( )..\statistics.module:63
90.04743576056_db_query( )..\database.mysql-common.inc:42
100.04773577480trigger_error ( )..\database.mysqli.inc:134