Legal Opinions

Opinion Number. 121

Subject

IMPOSITION OF UNIFORM DUTIES OF CUSTOMS
SUBSEQUENT CREDITING TO STATE OF DUTY PREVIOUSLY PAID IN ANOTHER STATE ON GOODS TRANSFERRED TO FIRST-MENTIONED STATE

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION, ss. 89,90,91,92,93

The Prime Minister

On 27 August 1902 the Treasurer of Tasmania wrote to the Treasurer of the Commonwealth in support of the contention that Tasmania should be credited with the import duty paid in another State, before the imposition of the uniform tariff, on goods transferred to Tasmania after that date.

It seems that Sir George Turner replied that the Minister for Trade and Customs had ruled that section 93 of the Constitution applied only to duties collected under the uniform tariff.

Opinion Number. 122

Subject

SENATE ELECTIONS
LIMITS OF POWERS BETWEEN COMMONWEALTH AND STATES TO MAKE LAWS DETERMINING TIMES AND PLACES

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION, ss. 9,10,11,12, 13, 31, 51 (xxxvi), 83 : COMMONWEALTH ELECTORAL ACT 1902, ss. 24,26,88,104,165

The Prime Minister

The Prime Minister asks to be advised upon the points raised by the Attorney-General of South Australia (Mr J. H. Gordon, K.C.) in a memorandum mentioned in the telegraphic news of the Melbourne Age of 19 November 1902.

As no official copy of the memorandum has been received, I have been obliged to refer to the Adelaide Advertiser of 19 November, which publishes what I assume to be a correct copy of the memorandum as follows:

Opinion Number. 123

Subject

EXTRADITION
WHETHER STATES ARE APPROPRIATE AUTHORITIES : NATURE OF EXTRADITION PROCEEDINGS

AuthorDEAKIN Alfred | Date
Key Legislation

CONSTITUTION. ss.Slfxxix). 61. 70. 126 : SERVICE AND EXECUTION OF PROCESS ACT 1901 : EXTRADITION ACT 1870 (IMP.), ss. 17. 18, 26 : FUGITIVE OFFENDERS ACT 1881 (IMP.), Pari II; s. 39

The Minister for External Affairs:

On 2 May 1902 M. Bourcart the Swiss Minister in London, addressed a note to the Marquis of Lansdowne, submitting four questions which have arisen in the proceedings for the extradition of Gerhard.

These questions were:

Opinion Number. 124

Subject

COMMONWEALTH DEPARTMENTS
WHETHER STATE INCOME TAX COMMISSIONERS HAVE POWER TO COMPEL DEPARTMENTAL HEADS TO FORWARD RETURNS OF SALARIES PAID

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary, Postmaster-General's Department:

The Attorney-General is of opinion that the Income Tax Commissioners of the States have no power to compel Heads of Commonwealth Departments to forward returns of salaries etc. paid to officers under their control.

At the same time, he thinks that it is highly desirable to avoid friction at the present time, and has already suggested in connection with this matter that the Commissioner should be informed that a request for information as a matter of courtesy would receive consideration.

Opinion Number. 125

Subject

CUSTOMS DUTY
WHETHER SHIPS' BOATS, CROCKERY, CUTLERY EXEMPT

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, ss. 49, 68, 72; Part VII : CUSTOMS TARIFF 1902

The Minister for Trade and Customs:

The Collector of Customs at Port Adelaide has asked for a decision whether on arrival from England of a vessel built to the order of a local firm to trade on the coast the stores such as boats, crockery ware, cutlery etc. are to be charged duty.

The Minister for Trade and Customs forwards the papers to me for advice.

Opinion Number. 126

Subject

CUSTOMS
WHETHER OUT-OF-SEASON GOODS SHOULD BE VALUED ACCORDING TO DISCOUNTED PRICE

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, ss. 154, 158, 161

The Minister for Trade and Customs:

The State Collector has asked the Comptroller-General whether, when job lots of soft goods out of season have been purchased at say 50 per cent discount off original prices, such discount is to be allowed in valuation for duty.

The Victorian practice is stated in the following minute of 24 November 1902 by Mr Symons (Landing Surveyor) as follows:

Opinion Number. 127

Subject

PROHIBITED IMMIGRANT
WHETHER INCLUDES CREW OF FOREIGN-TRADE VESSEL TEMPORARILY ENGAGING IN AUSTRALIAN COASTING TRADE

AuthorDEAKIN Alfred | Date
Key Legislation

IMMIGRATION RESTRICTION ACT 1901, s. 3

The Prime Minister:

On 4 February 1903 a deputation consisting of several members of the Federal Parliament and a member of the Legislative Council of South Australia waited upon the Prime Minister and submitted the following case:

The ship A.J. Hocken has on board a crew engaged in England. These men are paid English rates of wages only, which are lower than the rates ruling in the Commonwealth.

Opinion Number. 128

Subject

CROWN DEBTS
WHETHER COMMONWEALTH MAY RECOVER IN STATE COURTS : WHETHER COMMONWEALTH SHOULD SUE FOR SMALL SUMS

AuthorDEAKIN Alfred | Date
Key Legislation

The Postmaster-General:

The Acting Deputy Postmaster-General, Tasmania, has asked the Solicitor-General(1) to assist the Department in the collection of the sum of 10s. due by A.B. for private box rental, as the Department is unable to obtain payment.

The Solicitor-General has minuted the papers as follows:

Opinion Number. 129

Subject

CUSTOMS DUTY
CRITERIA FOR AD VALOREM ASSESSMENT

AuthorDEAKIN Alfred | Date
Key Legislation

CUSTOMS ACT 1901, ss. 154, 155, 156

The Minister for Trade and Customs:

The Minister for Trade and Customs forwards the following minute (dated 16 February 1903):

Forwarded to the Hon. the Attorney-General. I should like Mr Deakin's opinion as to the assessment of goods for ad valorem duties on the following points:

Opinion Number. 130

Subject

COMMONWEALTH DEPARTMENTS
WHETHER STATE MAY REQUIRE TO DESTROY VERMIN

AuthorDEAKIN Alfred | Date
Key Legislation

The Minister for Trade and Customs:

The Minister for Trade and Customs forwards these papers to me with the following minute (dated 14 February 1903):

Forwarded to the Honourable the Attorney-General. Is the Customs Department chargeable with cost of rat catching on wharves? It is neither owner nor occupier-except as to one King's warehouse. New South Wales makes no attempt of this sort.