Legal Opinions

Opinion Number. 101

Subject

FREEDOM OF INTERSTATE TRADE
STATE PROHIBITION OF INTRODUCTION OF POULTRY : WHETHER COMMONWEALTH SHOULD ENFORCE WITHOUT JUSTIFICATION : POLICE POWERS OF STATES

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION, s. 92

The Acting Prime Minister:

The Comptroller-General of Customs has received from the Department of Agriculture(1) a letter (dated 2 October 1902) in the following terms:

I have the honour to inform you that it has pleased His Excellency the Governor in Council to prohibit the introduction into Victoria, from New South Wales and South Australia, of poultry, and it is the wish of the Honourable the Minister of Agriculture that you be so good as to direct your officers accordingly.

Opinion Number. 102

Subject

CUSTOMS
CIRCUMSTANCES IN WHICH CONSOLIDATION OF SECURITIES IS PERMISSIBLE

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, ss. 42,44

The Minister for Trade and Customs:

Messrs Burns Philp and Company on 14 July 1902 wrote the following letter to the Comptroller-General of Customs:

Our Managing Director, Mr A.B. has just returned from a visit to our various Queensland branches, and while at Townsville he learned that you required a bond for a considerable amount to cover our bonded warehouses and wharves at that place.

He has also been informed bonds will be required for our various lighters in Cleveland Bay, as well as lorries carrying Custom House goods.

Opinion Number. 103

Subject

CUSTOMS
CRITERIA FOR ASSUMING CHARGE OF EXCISABLE GOODS IN TRANSIT : WHETHER SUGAR MAY BE STORED IN HULK PENDING TRANS-SHIPMENT : WHETHER HULK MA Y BE LICENSED AS LIGHTER

AuthorDEAKIN Alfred | Date
Key Legislation

EXCISE ACT 1901, ss. 55, 58, 60

The Minister for Trade and Customs:

The Adelaide Steamship Company Limited desire to be allowed to store temporarily in a hulk at Townsville sugar brought there under bond by small coasting vessels for trans-shipment and suggest that the hulk is in exactly the same position as a lighter, and offer to take out a lighter's licence for the hulk to get over any difficulty.

The Minister for Trade and Customs forwards the papers to me with the following minute:

Opinion Number. 104

Subject

AUDITOR-GENERAL
WHETHER OBLIGED TO INQUIRE INTO CLAIMANT'S ENTITLEMENT TO PAYMENT

AuthorDEAKIN Alfred | Date
Key Legislation

Audit ACT 1901, s. 41

The Auditor General:

The Auditor-General asks to be advised upon the following question:

Is it consistent with the due discharge of the duties of the Auditor-General of the Commonwealth to accept, without further inquiry, the signature of any person-signing as claimant-on an expenditure account, provided such account is duly certified to by the proper certifying officer?

Opinion Number. 105

Subject

CUSTOMS DUTY
WHETHER PROVISION FOR REFUND OF DUTY DEPOSITED IN CASE OF DISPUTE CONSTITUTES SPECIAL APPROPRIATION

AuthorDEAKIN Alfred | Date
Key Legislation

AUDIT ACT 1901, s. 60 : CUSTOMS ACT 1901, ss. 167,168

The Treasurer

The question has arisen how the amounts deposited for duty with the Collectors of the several States-amounting in all to £54857.4.5- should be dealt with.

The Minister for Trade and Customs has written the following minute (dated 13 September 1902) to the Treasurer:

Opinion Number. 106

Subject

CUSTOMS DUTY
CLASSIFICATION OF GOODS : CHIEF OR PREDOMINANT USE

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS TARIFF 1902

The Minister for Trade and Customs:

Messrs J. Spicer and Sons have imported some unglazed blue double demy paper and contend that it is free of duty as printing paper in size not less than 20 x 25.

Messrs Sands and McDougall Limited have also imported similar paper and make a similar contention.

Opinion Number. 107

Subject

EXTERNAL AFFAIRS

CHANNEL OF COMMUNICATION WITH IMPERIAL GOVERNMENT : POSITION OF CONSULS : EXECUTIVE POWER OF COMMONWEALTH

AuthorDEAKIN Alfred | Date
Key Legislation

The Prime Minister:

 

Opinion Number. 108

Subject

CUSTOMS DUTY
WHETHER PA YABLE ON DISCOUNT FOR CASH

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, s. 154

The Minister for Trade and Customs:

The Minister for Trade and Customs has received from Mr A.B.C., warehouseman, Brisbane, the following letter (dated 24 October 1902):

Opinion Number. 109

Subject

CUSTOMS DUTY
WHETHER REFUNDABLE WHERE CLASSIFICATION PRACTICE BASED ON PATENT MISCONCEPTION OF LAW IS ALTERED

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, ss. 163, 166 : CUSTOMS TARIFF 1902

The Minister for Trade and Customs:

The Minister for Trade and Customs asks for my opinion on the following points:

  1. As to duty on drills when coatings vestings or trouserings.
  2. Assuming these goods erroneously classed and afterwards reduced, will section 166 justify the retention of the extra duty first collected?

Item 66 of the Tariff (so far as material) is as follows:

Piece Goods, viz.:-

Opinion Number. 110

Subject

CUSTOMS
PROPER MODE OF WAIVING FORFEITURE OF GOODS FOLLOWING CONVICTION : REMISSION BY GOVERNOR-GENERAL : PREROGATIVE OF MERCY

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, ss. 262, 264

The Minister for Trade and Customs:

The Minister for Trade and Customs asks:

Customs Act-What is the proper mode of waiving a forfeiture of goods following on a conviction (see section 262)?

Section 262 of the Customs Act provides that:

Where the committal of any offence causes a forfeiture of any goods the conviction of any person for such offence shall have effect as a condemnation of the goods in respect of which the offence is committed.