Legal Opinions

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51
1427
COMMONWEALTH FINES AND PENALTIES
disposal of pecuniary penalties imposed for offences against Commonwealth law: penalties imposed in exercise of federal jurisdiction for offences against Commonwealth law
R. R. Garran
14 December 1927
Post and Telegraph Act 1900: WIRELESS TELEGRAPHY ACT 1905: Judiciary Act 1903 s 68

The Secretary, Postmaster-General’s Department, has forwarded the following Memorandum for advice: In reply to your memorandum of the 17th August, 1927,1 in connection with the question ...

52
1428
SHIPPING
POWER OF COMMONWEALTH TO IMPOSE tax or tariff per ton of goods or per passenger carried interstate or between different Australian ports in same State, levied only in respect of goods or passengers carried in ships which do not comply with Australian conditions as to wages and accommodation
R. R. Garran
24 December 1927
NAVIGATION ACT 1912: COLONIAL LAWS VALIDITY ACT 1865 (U.K.) (28 & 29 Vict. c. 63) s

The Comptroller-General of Customs has forwarded me the following memorandum for advice: In the Report of the Royal Commission on the Navigation Act (Parliamentary Paper 1923/24 No.103) two Co...

53
1429
CENSORSHIP
WHETHER film which has been passed by Censor and released from Customs control can afterwards become prohibited import by reason of alterations effected or additions made in Australia: IMPOSITION OF CONDITION BREACH OF WHICH WOULD LEAD TO FORFEITURE OF SECURITY
R. R. Garran
25 January 1928
Customs Act 1901: Customs (Cinematograph Films) Regulations 1926

The Comptroller-General of Customs has forwarded the following memorandum for advice: The suggestion has been made to this Department by the Royal Commission on the Moving Picture Industry tha...

54
1430
CONTROL OF RIVER MURRAY WATERS
Commonwealth power to legislate upon subject of cables or other obstructions to navigation placed across River Murray: VALIDITY OF STATE LEGISLATION VESTING AUTHORITY OVER ALL NAVIGABLE WATERS IN STATE AUTHORITY: EFFECT OF ABSENCE OF INCONSISTENT COMMONWEALTH LEGISLATION
R. R. Garran
25 January 1928
Navigation Act (NSW) 1901 s 134: Constitution s 98: Navigation Act 1912: River Murray Waters Act 1915

The Secretary of the River Murray Commission has forwarded me the following minute for advice: At a recent meeting of the River Murray Commission I was directed to forward to you the following...

55
1431
DEFENCE
COMPLAINT BY DEFENCE MEMBER TO ‘GOVERNOR-GENERAL AS COMMANDER-IN-CHIEF’: WHETHER function CONFERRED ON GOVERNOR-GENERAL requires exercise of executive power and accordingly IS A matter in respect of which GOVERNOR-GENERAL should obtain advice of Executive Council
R. R. Garran
09 February 1928
Australian Military Regulations reg 194(4): Defence Act 1903: Constitution ss

The Secretary, Department of Defence has forwarded me the following memorandum for advice: A claim was recently made by an officer of the Permanent Military Forces returning to Australia fro...

56
1432
IMMIGRATION
DEPORATION OF PERSON convicted of criminal offence punishable by imprisonment for one year or longer: OFFENCE PUNISHABLE BY TWO YEARS’ IMPRISONMENT: PERSON CONVICTED BY JUSTICE OF THE PEACE HAVING JURISDICTION TO IMPOSE SENTENCE NOT EXCEEDING SIX MONTHS: CONSTRUCTION OF PENAL STATUTE
R. R. Garran
29 February 1928
IMMIGRATION ACT 1901 s 8A: VagranTs Act 1851 (Qld) s 2

The Secretary, Department of Home and Territories, has forwarded the following memorandum to me for advice: J.A.—QUESTION OF DEPORTATION UNDER SECTION 8A OF THE IMMIGRATION ACT 1901&nd...

57
1433
ELECTIONS
NATIONALITY OF WOMAN AMERICAN NATIONAL MARRIED TO BRITISH SUBJECT: WHETHER COMPELLED TO ENROL AND VOTE AT COMMONWEALTH ELECTIONS: EFFECT OF RETENTION OF AMERICAN NATIONALITY
R. R. Garran
31 July 1928
Nationality Act 1920 ss 16, 18: Commonwealth Electoral Act 1918 ss 42, 128, 128A

The Chief Electoral Officer has forwarded me the following memorandum for advice: I shall be pleased to be advised: as to whether the status, as a British subject, of [Mrs M.], obtai...

58
1434
ELECTIONS
ENROLMENT OF HALF-CASTES: WHETHER HALF-CASTES ARE
R. R. Garran
31 July 1928
AboriginalS Ordinance 1918 (NT): AboriginalS Ordinance 1927 (NT): Constitution s 127

The Secretary, Department of Home and Territories, has forwarded me the following memorandum for advice: The Returning Officer for the Northern Territory writes— Enrolment of Halfcas...

59
1435
STATE LICENSING OF COMMONWEALTH VESSEL
COMMONWEALTH STEAM LAUNCH: USE ON SYDNEY HARBOUR: WHETHER VESSEL REQUIRES LICENCE FROM SYDNEY HARBOUR TRUST: TAX BY STATE ON PROPERTY BELONGING TO COMMONWEALTH: INCONSISTENCY WITH QUARANTINE ACT: INCONSISTENCY WITH CONSTITUTION s 61: EXECUTIVE POWER OF THE COMMONWEALTH
R. R. Garran
09 August 1928
SYDNEY HARBOUR TRUST ACT 1900 (NSW) ss 27, 63, 70, 71: PORT OF SYDNEY REGULATIONS 1925 regs

The Director-General of Health has forwarded the following memorandum to me for advice: I am informed by the Chief Quarantine Officer (General), New South Wales, who is the representative of...

60
1436
CUSTOMS
CUSTOMS: IMPORTED CHEMICAL: LIABILITY TO DUMPING DUTY IN STATE TO WHICH SHIPPED FROM STATE OF ORIGINAL IMPORTATION BUT NOT IN ORIGINAL STATE OF IMPORTATION: WHETHER PREFERENCE TO ONE STATE OVER ANOTHER
R. R. Garran
10 September 1928
CUSTOMS TARIFF (INDUSTRIES PRESERVATION) ACT 1921 s 8: CONSTITUTION s 99

The Comptroller-General of Customs has forwarded me the following minute for advice: Hyposulphite of Soda of French origin is gazetted under section 8 of the Customs Tariff (Industries Preserv...

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