Legal Opinions

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41
1518
public service: disgraceful or improper conduct
commonwealth public service: ‘disgraceful or improper conduct’: imprisonment for failure to comply with maintenance order: whether imprisonment disgraceful or improper: whether failure to comply with maintenance order disgraceful or improper
Geo. S. Knowles
09 August 1932
Commonwealth Public service act 1922 s 55(1): COMMONWEALTH PUBLIC SERVICE ACT 1902 s 46

The Secretary, Public Service Board has forwarded the following memorandum for advice: I am directed to forward herewith files of papers received from the Secretary, Postmaster-General&rsquo...

42
1519
land tax: directions to second commissioner of taxation
land tax: authority of commissioner of taxation to give directions to second commissioner: control exercisable over second commissioner in administration of land tax assessment act: power of minister
J. G. Latham
11 August 1932
commonwealth public service act 1922 s 25: land tax assessment act 1910 ss 4, 4A, 5, 6A, 61: income tax assessment act 1922: estate duty act 1914 ss 4, 4A: estate duty assessment act 1914: COMMONWEALTH PUBLIC SERVICE ACT 1902

The Secretary to the Treasury has, by direction, forwarded me the following memorandum for advice: I forward herewith papers relating to the administration of the Land Tax Assessment Act by th...

43
1520
sedition
sedition: publication in italian language newspaper of article criticising attitude and conduct of british persons: prospects of criminal prosecution: deportation: application of dictation test
Geo. S. Knowles
25 August 1932
crimes act 1914 ss 24A, 24B, 24D: IMMIGRATION RESTRICTION ACT 1901 ss 5, 5A, 8A

The External Affairs Department has forwarded the following memorandum for advice: I forward herewith the departmental file in relation to the publication by Mr. A.B. of Perth, Western Austral...

44
1521
taxation
FINANCIAL EMERGENCY LEGISLATION: COMPULSORY CONTRIBUTIONS BY RELATIVES: WHETHER LAW IMPOSING TAXATION: SEPARATION OF IMPOSITION FROM OTHER PROVISIONS
J. G. Latham
30 September 1932
FINANCIAL EMERGENCY BILL 1932 cl 52M: FINANCIAL EMERGENCY ACT 1932: CONSTITUTION s 55

I understand that in the Senate early this morning Senator Colebatch(1) raised, both on the second reading of the Financial Emergency Bill and in Committee, the question of the inclusion in the Bill o...

45
1522
broadcasting horse racing tips
broadcasting of horse racing tips: application to broadcasting stations of state prohibition of advertising of services of racing tipsters: application of prohibition to other than written or printed material: power to censor broadcasts
Geo. S. Knowles
03 November 1932
constitution s 51(v): wireless telegraphy act 1905 s 10: wireless telegraphy regulations 1924 regs 5, 60: policE offences act 1928 (Vic) ss 103, 121: GAMING AND BETTING ACT 1912 (NSW) s 47: LOTTERY AND GAMING ACT 1917 (SA) s 42: POLICE ACT AMENDMENT ACT 1893 (No. 1) (WA) s 11: SUPPRESSION OF GAMBLING ACT 1895 (Qld) s

The Secretary, Postmaster-General’s Department, has forwarded for advice the following memorandum: Several protests have been made to the Department and in the press against the action of ...

46
1523
posts and telegraphs
interference by state police with persons lodging telegrams apparently related to gambling and illegal under state law: whether offence of wilfully obstructing course of business of post office or telegraph offiCe
Geo. S. Knowles
03 November 1932
post and telegraph act 1901 s 119: LOTTERY AND GAMING AMENDMENT ACT 1928 (SA): CONSTITUTION s 52

The Secretary, Postmaster-General’s Department has forwarded to me for advice the following communication: Your attention is invited to the attached papers relative to the South Australi...

47
1524
garnishment of wages
garnishment of moneys payable by the crown: wages of persons paid by municipal council from funds provided by commonwealth For relief of unemployment: whether moneys payable by the crown: whether same may be garnisheed: power of commonwealth or state to protect wages from garnishment
Geo. S. Knowles
09 November 1932
loan (unemployment relief works) act 1932 s 5: loan (unemployment relief works) act (No. 2) 1932: LOCAL GOVERNMENT ACT 1919 (NSW)

The Secretary, Department of the Treasury has forwarded to me for advice the following communication: I refer to a copy of a letter of the 23rd August addressed by Mr. J. H. Gander M.P.,(1) to...

48
1525
extradition treaty between great britain and germany
application in australia and territories of extradition treaty between great britain and germany: exercise of powers under imperial extradition acts: procedure in states: application and exercise of powers in Northern Territory, Norfolk Island, Papua, New Guinea and Nauru
Geo. S. Knowles
23 January 1933
TREATY [BETWEEN UNITED KINGDOM AND GERMANY] FOR THE MUTUAL SURRENDER OF FUGITIVE CRIMINALS done at London on 14 May 1872 [1901] ATS 48 arts 1, 15: EXTRADITION ACT 1903 s 4: EXTRADITION ACT 1870 (U.K.) (33 & 34 Vict. c. 52) ss 2, 17, 26: NORFOLK ISLAND ACT 1913 ss 3, 5, 8: PAPUA ACT 1905 ss 5, 7, 29, 36: NEW GUINEA ACT 1920 ss 4, 6, 13, 14: EXTRADITION ORDINANCE 1927 (No. 10 of 1927) (NG) s 5

The Secretary, Department of External Affairs, has forwarded to me for advice the following letter received from the Acting Consul-General for Germany: I have been requested to make enquiries ...

49
1526
customs
customs: variation by parties of price of imported goods where customs duty payable is varied after price has been negotiated: extension of principle to contract relating to goods that include imported component duty on which is likewise varied: whether valid exercise of power of Commonwealth to determine incidence of customs duties
Geo. S. Knowles
25 January 1933
customs act 1901 152

The Comptroller-General of Customs has forwarded the following memorandum to me for advice: Section 152 of the Customs Act 1901–1930 reads as follows: If after any agreemen...

50
1527
seditious publications
prohibition of publication of literature in which a seditious intention is expressed: ‘league against imperialism’ and ‘Meerut conspiracy trial’: meaning of ‘sedition’: whether publications are expressive of intention to excite disaffection against Government or Constitution of one of King’s Dominions, namely India
Geo. S. Knowles
02 February 1933
CRIMES ACT 1914 s 24A

The Acting Comptroller-General of Customs has forwarded to me copies of publications ‘League Against Imperialism’ and ‘Meerut Conspiracy Trial’ and requests advice as to whethe...

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