Legal Opinions

Opinion Number. 111

Subject

HOUSE OF REPRESENTATIVES
WHETHER PERSONS WHO UNDER STATE LAW ARE ELECTORALLY DISQUALIFIED ON GROUNDS OF RACE UNLESS HAVING PROPERTY QUALIFICATION COUNT IN RECKONING QUOTA

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION,ss. 24, 25, 127 : THE ELECTIONS ACT OF 1885 (QLD), s. 6

The Minister for Home Affairs:

The Government Statist of New South Wales has telegraphed as follows to the Secretary, Department of Home Affairs:

Re your telegram. Important to have decision if proviso section six of Queensland Elections Act 1885 and similar provisions other Acts exclude Asiatics and Africans within meaning of Constitution Act section 25. These aliens have votes for property only.

Opinion Number. 112

Subject

PRODUCTION OF TELEGRAMS
DISCRETION OF POSTMASTER-GENERAL

AuthorGARRAN Robert Randolph | Date
Key Legislation

POST AND TELEGRAPH ACT 1901, s. 127

The Secretary, Postmaster-General's Department:

The Secretary, Postmaster-General's Department writes to me as follows:

Opinion Number. 113

Subject

CUSTOMS DUTY
CLASSIFICATION OF GOODS : CHIEF OR PREDOMINANT USE

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, s. 138 : CUSTOMS TARIFF 1902

The Ministerfor Trade and Customs:

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

I should like to be advised as to future classifications of-

Quibells 'Infallible Disinfectant'

Quibells 'Non-Poisonous Liquid Sheep Dip'

Quibells 'Powder Sheep Dip'

Attention is specially directed to items-

105 Proprietary medicines also medicines for animals etc.

Opinion Number. 114

Subject

CUSTOMS
WHETHER OFFICE ACCOMMODATION TO BE PROVIDED BY WHARF-OWNERS INCLUDES FURNITURE

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, s.19

The Ministerfor Trade and Customs:

The Minister for Trade and Customs asks:

Does Mr Deakin think that section 19 is sufficient to compel under the term 'office accommodation' the supply of office furniture?

Section 19 of the Customs Act 1901 provides that:

Every wharf-owner shall provide to the satisfaction of the Collector suitable office accommodation on his wharf for the exclusive use of the officer employed at the wharf . . .

Opinion Number. 115

Subject

COMMONWEALTH OFFICER
WHETHER LIABLE TO STATE STAMP DUTY ON PAY SHEETS

AuthorDEAKIN Alfred | Date
Key Legislation

STAMP ACT AMENDMENT ACT 1902 (S.A.), ss. 32, 33

The Minister for Defence:

Opinion Number. 116

Subject

COMMONWEALTH PRISONERS
WHETHER COMMONWEALTH LIABLE TO STATES FOR EXPENSE OF KEEPING

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION, s. 120

The Prime Minister:

The Premier of New South Wales has referred to the Prime Minister a request by the Attorney-General of New South Wales that the Federal Government should arrange to defray the expenses of maintenance and supervision of the prisoner A.B., now in gaol for an offence against the Commonwealth Distillation Act 1901, and also of other prisoners who may be convicted of offences against the laws of the Commonwealth.

The matter is referred to this Department with the following minute by the Secretary, Department of External Affairs:

Opinion Number. 117

Subject

PARDONING POWER
APPLICATION TO SENTENCES BY COURTS-MARTIAL

AuthorDEAKIN Alfred | Date
Key Legislation

ARMY ACT (IMP.)

The Prime Minister:

With reference to the confidential circular despatch of 5 September 1901, advised on in my opinion of 3 December 1901(1) the Prime Minister submits a further confidential circular despatch dated 26 August 1902, which states:

Opinion Number. 118

Subject

FREEDOM OF INTERSTATE TRADE
WHETHER STATE HAS POWER TO PROHIBIT IMPORTS ABSOLUTELY TO PREVENT ENTRY OF DISEASE : WHETHER PROPER FOR COMMONWEALTH TO ASSIST IN ENFORCING STATE LAWS OF DOUBTFUL CONSTITUTIONALITY

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION, ss. 51, 92 : HEALTH ACT 1890 (VIC), s. 267

The Minister for Trade and Customs :

In this matter the Prime Minister wrote to the Premier of Victoria in the terms of my opinion of 23 October 1902(1), and received the following reply (dated 20 November):

Opinion Number. 119

Subject

CUSTOMS
CRITERIA FOR ISSUING NOTICE OF DETENTION OF GOODS

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, ss. 205, 229, 262

The Minister for Trade and Customs:

The Collector of Customs for the State of South Australia has submitted the following minute to the Comptroller-General:

I would ask you to instruct whether or not written notice should be given to importers or others where goods are detained pending prosecution. See section 205 of the Customs Act 1901.

I might point out that the authorized agent of the owner of the goods is generally present or has knowledge through his sub-agent that his goods were found on examination to be in contravention to the Customs Act.

Opinion Number. 120

Subject

MEMBER OF PARLIAMENT
WHETHER MAY BE SURETY FOR CONTRACTOR TO COMMONWEALTH: WHETHER SEAT WOULD BE VACATED : WHETHER WOULD AMOUNT TO PECUNIARY INTEREST IN AGREEMENT WITH COMMONWEALTH

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION, ss. 44,45

The Secretary, Postmaster-General's Department:

The Deputy Postmaster-General, Queensland asks the Secretary, Postmaster-General's Department whether members of the Commonwealth Parliament are legally qualified to act as sureties for mail contractors.

The Secretary, Postmaster-General's Department refers the matter to this Department for advice.