Legal Opinions

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71
1447
ASHMORE AND CARTIER ISLANDS
PROPOSED TRANSFER OF INTERESTS OF UK GOVERNMENT IN ASHMORE ISLANDS AND CARTIER ISLET TO COMMONWEALTH OF AUSTRALIA: PREFERRED MODE OF TRANSFER: ORDER-IN-COUNCIL PLACING ISLANDS UNDER AUTHORITY OF COMMONWEALTH UNDER CONSTITUTION s 122 AND PASSING OF ACT BY COMMONWEALTH PARLIAMENT ACCEPTING ISLANDS
R. R. Garran
12 June 1929
COLONIAL BOUNDARIES ACT 1895 (U.K.) (58 & 59 Vict. c. 34): CONSTITUTION s 122

The Secretary, Prime Minister’s Department, has forwarded to me the following memorandum for advice: With reference to Opinion No. 134 of the Solicitor-General dated 23rd July, 1927,(1) ...

72
1448
State stamp duty
whether transfers of Commonwealth Inscribed Stock subject to state stamp duty: inconsistency with Commonwealth Inscribed Stock Act
R. R. Garran
28 June 1929
Commonwealth Inscribed Stock Act 1927 s 4: Commonwealth Inscribed Stock Act 1911 s 52A

The Secretary to the Treasury has forwarded to me the following memorandum for advice: The following is copy of a letter addressed by the Manager, Perpetual Trustee Company (Limited) Sydney, t...

73
1449
New Guinea
new guinea: contracts with natives: power to amend Natives’ Contracts Protection Ordinance to empower administrator to cancel at any time any contract which in his opinion is contrary to interests of natives
Geo. S. Knowles
03 August 1929
Natives Contracts Protection Ordinance 1921 (NG) s 7

The Secretary, Home and Territories Department, has forwarded the following Memorandum for advice: The Administrator of the Territory of New Guinea requested that the Natives’ Contract...

74
1450
Weights and Measures
power of commonwealth to legislate on subject of weights and measures: weights and measures power: establishment of standards and monitoring arrangements
J. G. Latham
21 August 1929
constitution s 51(xv)

The Prime Minister has referred to me, for advice as to the constitutional powers of the Commonwealth, a report and recommendations by the Council for Scientific and Industrial Research as to the esta...

75
1451
Elections
elections: disqualification as candidate: whether nomination for election as member of State Parliament would prevent or invalidate election of person nominated as member of House of Representatives
M. C. Boniwell
24 September 1929
Constitution ss 34, 43, 44, 46: Commonwealth Electoral Act 1918 ss 7, 69

The Chief Electoral Officer has forwarded the following telegram for advice: Speaker Legislative Assembly desires advise whether in event writ being issued for State Assembly by election and n...

76
1452
Elections
elections: polling adjourned due to flooding: whether electors may vote as absent voters at adjourned polling
M. C. Boniwell
14 October 1929
Commonwealth Electoral Act 1918 ss 113, 121, 126, 127: Electoral and Referendum Regulations 1928 reg 46

The Chief Electoral Officer has forwarded to me the following message for advice: Polling adjourned at eight polling places pursuant section 126 Commonwealth Electoral Act owing floods. Please...

77
1453
Wireless Telegraphy
validity of the Wireless Telegraphy Act: whether wireless telegraphy is included within meaning of words ‘postal, telegraphic, telephonic, and other like services’
R. R. Garran
20 November 1929
Wireless Telegraphy Act 1905: constitution s 51(v)

The Secretary, Postmaster-General’s Department, has forwarded to me for advice the following memorandum: During proceedings in the Police Courts recently in Sydney and Melbourne, insti...

78
1454
Royal commissions
Variation of terms of appointment of Royal Commission: reduction and extension of reporting time: Royal Commission on the Coal Industry
R. R. Garran
20 November 1929

The Secretary to the Treasury has forwarded me the following memorandum for advice: In dealing with the term of appointment of the Royal Commission on the Coal Industry, the Treasurer has...

79
1455
Commonwealth Companies
Cockatoo Island Dockyard, Sydney: lease to and operation by company in which commonwealth has preponderant interest: power of commonwealth to appropriate moneys for purpose: extent of appropriations power
R. R. Garran
29 November 1929
CONSTITUTION s 81

The Secretary, Prime Minister’s Department, has forwarded to me the following memorandum for advice: I am directed by the Prime Minister to refer the following question to you for favour...

80
1456
Unemployment Insurance
power of Commonwealth Parliament to make laws with respect to unemployment insurance: insurance power: ‘INSURANCE’
R. R. Garran
03 February 1930
Unemployed Workers Insurance Act 1922 (Qld) (13 Geo. 5 No. 28) ss 3, 4, 5, 6, 7, 9, 13, 14, 15, 16, Schedule: constitution s 51(xiv): Commonwealth Workmen’s Compensation Act 1912: Unemployment Insurance Act 1920 (U.K.) (10 & 11 Geo. V c. 30)

The Prime Minister asked to be advised as to the power of the Commonwealth Parliament to make laws with respect to unemployment insurance. As a type of the legislation under this head I am referre...

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