Legal Opinions

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-

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.

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]

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-

1. generally, or
2. if its operation is confined to persons licensed for excise purposes.

I am of opinion that such legislation can be sustained under three heads:

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)).

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.

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.

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.

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?

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.