The Minister for Home Affairs asks to be advised on the following questions:
Legal Opinions
Opinion Number. 221
Subject
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HOUSE OF REPRESENTATIVES
ELECTIONS WHETHER PARLIAMENT OR EXECUTIVE DETERMINES QUOTA : MEANING OF LATEST STATISTICS OF COMMONWEALTH : EFFECT OF DISTRIBUTION . EXTENT OF STATES' POWER TO EFFECT DISTRIBUTIONS
Key Legislation
CONSTITUTION, ss. 24, 29 : COMMONWEALTH ELECTORAL ACT 1902, s. 21
Opinion Number. 222
Subject
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COMMONWEALTH PROPERTY
WHETHER STATES HAVE POWER OF COMPULSORY ACQUISITION
Key Legislation
CONSTITUTION, s. 52
The Defence Department has been served with a copy of a notice in the N.S.W. Government Gazette, notifying that it was proposed to resume, under the N.S.W. Public Roads Act 1902, certain lands therein described.
Attorney-General
The description included the following:
Opinion Number. 223
Subject
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WRECKS
WHETHER CUSTOMS HAVE POWER TO FORBID PARTICIPATION IN SALVAGE OF FOREIGN VESSELS WITHOUT CONSULAR AUTHORISATION : WHETHER COMMON
Key Legislation
CUSTOMS ACT 1901 : THE WRECK ACT 1887 (W.A.). s. 5 : MERCHANT SHIPPING ACT 1894 (IMP.)
The Consul-General for France has written to the Commonwealth Government calling attention to the Declaration of 23 October 1889 between France and Great Britain for the salvage of shipwrecked vessels.
All the Australian States have adhered to the Declaration.
The Declaration provides (inter alia) that operations relative to salvage shall as regards French ships be under the direction of French Consuls-General, Consuls, Vice-Consuls, or Consular Agents.
Opinion Number. 224
Subject
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EXTERNAL AFFAIRS
WHETHER COMMONWEALTH IS PROPER CHANNEL OF COMMUNICATION FOR PETITION BY FOREIGN NATIONAL CLAIMING AGAINST STATE GOVERNMENT
Key Legislation
CONSTITUTION, s. 51 (xxix) : CROWN SUITS ACT 1898 (W.A.)
It appears that in January 1903 Messrs Dutilh-Smith Macmillan & Co., an American corporation, pursuant to a contract with the Government of the State of Western Australia, supplied to that Government a number of railway wagons.
The specifications expressly excluded from the contract the provision of flooring and floor-bearers, but by mistake the contractors supplied flooring and floor-bearers-valued at £1,320.
Opinion Number. 225
Subject
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NORFOLK ISLAND
HOW COMMONWEALTH MAY ANNEX
Key Legislation
CONSTITUTION, ss. 121, 122, 123: AUSTRALIAN WASTE LANDS ACT 1855 (IMP.), s. 5
These papers are referred by the Prime Minister for advice as to the possible modes
of annexation of Norfolk Island to the Commonwealth, and their consequences.
Norfolk Island was originally part of the Colony of New South Wales.
The Imperial Act 6 & 7 Vic. c. 35 empowered the Queen by Letters Patent to sever Norfolk Island from New South Wales and annex it to Van Diemen's Land, and this was done, as from 29 September 1844, by Letters Patent dated 24 October 1843.
Opinion Number. 226
Subject
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IMMIGRATION
WHETHER COMMONWEALTH HAS POWER TO COMPEL FOREIGN VESSELS FISHING IN AUSTRALIAN WATERS TO REPORT AT SPECIFIED PORT
Key Legislation
CUSTOMS ACT 1901, ss. 58, 185 : IMMIGRATION RESTRICTION ACT 1901
The Prime Minister desires to be advised whether there is power, under the Customs Act or other Commonwealth legislation, to compel the Malay proas engaged in the trepang fishery to report, on arrival in Australia, at Port Darwin or other specified port of entry.
Opinion Number. 227
Subject
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FINANCE
WHETHER EXPENDITURE FROM TREASURER'S ADVANCE MAY BE TRANSFERRED TO PROPER HEAD OF ACCOUNT PRIOR TO APPROPRIATION BY PARLIAMENT
Key Legislation
AUDIT ACT 1901, s. 34
In the financial year 1903-4 certain expenditure by the Postmaster-General's Department was charged to Division No. 30, Advance to Treasurer, pursuant to an authority granted by the Treasurer.
Division No. 30, Advance to the Treasurer, in the estimates for 1903-4, reads as follows:
To enable the Treasurer to make advances to public officers and to meet expenditure, particulars of which will afterwards be included in a Parliamentary Appropriation.