Does this Act [Stamp Duties Act 1898 (N.S.W.)] authorise the taxation of postal money orders since the transfer of the Post Office to the Commonwealth-
Opinion Number. 11
MONEY ORDERS WHETHER LIABLE TO STATE TAXATION ON ISSUE OR RECEIPT : NATURE OF POWER TO LEGISLATE WITH RESPECT TO
CONSTITUTION, ss. 51 (i), (ii), (v), (xii), (xiii), (xxxiv), 52 (ii), 92, 99, 114 : STAMP DUTIES ACT 1898 (N.S.W.)
Opinion Number. 12
CUSTOMS WHETHER CONSTITUTIONAL TO PROVIDE FOR APPLICATION OF PENALTIES AND FORFEITURES TO PURPOSES OTHER THAN REVENUE
CONSTITUTION, s. 81 : AUDIT ACT 1901, s. 22 : CUSTOMS ACT 1901, s. 264
The question is whether clause 255 of the Customs Bill(1), which provides that 'all penalties and forfeitures recovered under any Customs Act shall be applied to such purposes and in such proportions as the Minister may direct' is in harmony with section 81 of the Constitution and section 22 of the Audit Act.
Opinion Number. 13
ABORIGINAL NATIVES WHETHER HALF-CASTES TO BE INCLUDED IN COUNT FOR RECKONING POPULATION
CONSTITUTION, s. 127
Section 127 of the Constitution makes a particular exception that in reckoning the numbers of the people of the Commonwealth or a State, 'aboriginal natives shall not be counted'. The rule as to the construction of such exceptions, where, as in this case, they are not remedial, is that they should be construed strictly.
I am of opinion that half-castes are not'aboriginal natives' within the meaning of this section, and should be included in reckoning the population.
[Vol. 1, p. 83]
Opinion Number. 14
CUSTOMS WHETHER COMMONWEALTH HAS POWER TO PREVENT REFILLING OF CIGAR BOXES : PROTECTION OF REVENUE : TRADE AND COMMERCE : TRADE MARKS
CONSTITUTION, s. 51 (i), Iii), (xviii). (xxxix)
I am asked whether Federal legislation prohibiting the refilling of cigar boxes, unless all brands and labels originally on the boxes have been effectually removed, would be ultra vires the Constitution-
- generally, or
- if its operation is confined to persons licensed for excise purposes.
I am of opinion that such legislation can be sustained under three heads:
Opinion Number. 15
PRIVATE BILLS WHETHER FEDERAL PARLIAMENT MAY ADOPT PRIVATE BILL PROCEDURE FOR CERTAIN CLASSES OF BILLS : POWER TO INCORPORATE : FEDERAL TERRITORIES
CONSTITUTION, ss. 51 (xiii), (xx), 122
The question of private bill procedure is one for the Federal Parliament.
Whether the Parliament has power to legislate for the incorporation of companies generally is doubtful; see Quick & Garran, p. 607; but on the various subjects within its control the Parliament certainly has power to deal with bills of a kind which would ordinarily be classed as 'Private Bills' (for example a bill for the incorporation of a bank under section 51 (xiii)).
Opinion Number. 16
TELEGRAPHIC AND TELEPHONIC SERVICES TELEPHONE WIRE COMING INTO CONTACT WITH ELECTRIC TROLLY WIRE : WHETHER COMMONWEALTH LIABLE FOR DAMAGE TO THIRD PARTY : INJURIOUS AFFECTION : POWER OF FEDERAL PARLIAMENT TO CONTROL STATE AUTHORITIES WITH RESPECT TO PUBLIC SAFETY
POST AND TELEGRAPH ACT 1901, Part VII
At the place where the accident occurred the trolly wire of the electric tram, the property of the Railway Commissioners of New South Wales, crosses under the overhead telephone wires of the Department of the Postmaster-General. On 9 August 1901, one of the telephone wires broke and fell on the trolly wire, and the claimant's horse, coming into contact with the broken telephone wire was so seriously injured by the current transmitted from the trolly wire that it had to be destroyed. The question is whether the Post and Telegraph Department is liable.
Opinion Number. 17
MEMBER OF PARLIAMENT WHETHER SWEARING IN IS CONDITION PRECEDENT TO TAKING SEAT : YEARLY ALLOWANCE TO MEMBERS
CONSTITUTION, ss. 42,43, 44,48
On 12 June (Hansard, p. 947) Mr Cameron stated in the House that he had not been properly sworn in. It appears that on 9 May, before the members attended His Excellency the Governor-General to be sworn in, a printed form of the oath of allegiance was handed to Mr Cameron, but no bible was given to him, and he was not called up or asked to subscribe the oath. After the ceremony of swearing in had been concluded, Mr Cameron subscribed the form of oath, and handed it to the Clerk of the House of Representatives.
Opinion Number. 18
APPROPRIATION WHETHER ORDINARY SERVICES OF GOVERNMENT INCLUDE NEW BUILDINGS AND ADDITIONS : SENATE'S POWER OF AMENDMENT IF INTRODUCED IN SEPARATE BILL
CONSTITUTION, ss. 53,54
The question is:
Whether new buildings and additions to existing buildings should be included in the annual appropriation bill or a separate bill? Most of them will be in loan bills, but some wooden buildings may have to be paid out of revenue.
Opinion Number. 19
IMPOSITION OF UNIFORM DUTIES OF CUSTOMS CREDITING OF EXCISE REVENUE
CONSTITUTION, ss. 89, 93
The question is:
Where excise is paid, before the uniform tariff, on spirits made in Victoria, and after the uniform tariff the goods pass into New South Wales for consumption, to which State should the duty be credited?
Opinion Number. 20
FEDERAL JURISDICTION OF STATE COURTS SOURCE AND NATURE : ACTIONS FOR COMPENSATION FOR LAND ACQUIRED BY COMMONWEALTH
CONSTITUTION, covering cl. 5; ss. 77, 78 / PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901, s. 59
Clause 58A of the Property Acquisition Bill(1) is to the effect that, until the establishment of the High Court, actions for compensation for land acquired by the Commonwealth, and all proceedings incidental thereto, may be brought in the Supreme Courts of the several States.