Legal Opinions

Opinion Number. 388

Subject

SEAT OF GOVERNMENT
WHETHER VARIATION OF BOUNDARY DETAILS IN AGREEMENT TO GRANT LANDS APPROVED BY COMMONWEALTH AND STATE ACTS REQUIRES AMENDING LEGISLATION

AuthorGARRAN Robert Randolph | Date
Key Legislation

SEAT OF GOVERNMENT ACCEPTANCE ACT 1909, s.3 : SEAT OF GOVERNMENT SURRENDER ACT 1909 (N.S.W.). s. 5

In the agreement between the Commonwealth and the State of New South Wales in relation to the Seat of Government(1), it is, by clause 5, provided that the State shall grant to the Commonwealth without payment certain lands therein described.

Detailed descriptions of the boundaries of the lands to be granted are set out in the agreement.

Opinion Number. 389

Subject

TERRITORIAL WATERS
EXTENT OF CROWN RIGHTS : WHETHER INDIVIDUAL MAY HAVE EXCLUSIVE RIGHTS IN WATERS OF HARBOUR : WHETHER TRANSFER OF HARBOUR BY NATIVES EFFECTIVE

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary to the Department of External Affairs has forwarded the following memorandum to me for advice:

The Solicitor, representing British interests in the New Hebrides has forwarded a copy of a document which purports to be a transfer from the natives to a German firm of the waters of Port Sandwich, in the island of Malicolo, New Hebrides.

(2) The deed in question, with others, was transferred to various persons, and the property that it represents is now held by Messrs Burns Philp & Co. in trust for the Commonwealth.

Opinion Number. 390

Subject

BORROWING BY COMMONWEALTH
EXTENT OF TREASURER'S POWER TO ARRANGE ADVANCES FROM BANKS

AuthorHUGHES William Morris | Date
Key Legislation

AUDIT ACT 1901-1909, s. 20

The Treasurer has asked for my opinion as to whether section 20 of the Audit Act 1901-1909 gives the Treasurer power to arrange for bank overdrafts to an unlimited amount without further authority from Parliament.

Section 20 of the Audit Act is as follows:

Opinion Number. 391

Subject

NATURALIZATION
STATUS OF WOMAN. BORN A BRITISH SUBJECT. UPON MARRIAGE TO ALIEN : WHETHER STATUS MAY BE CHANGED DURING MARRIAGE

AuthorHUGHES William Morris | Date
Key Legislation

THE NATURALIZATION ACT 1870 (IMP.), s. 10

The Minister for External Affairs has submitted the following memorandum to me for advice:

Opinion Number. 392

Subject

QUARANTINE
WHETHER COMMONWEALTH MAY REQUIRE OWNER OR AGENT OF VESSEL PERFORMING QUARANTINE TO PROVIDE FREE PROVISIONS AND MEDICINES TO PASSENGERS : EFFECT OF REQUIREMENT ON RIGHTS OF OWNER AGAINST PAS

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, s. 51 (ix), (xxxixj : QUARANTINE ACT 1908, s. 59

The Comptroller-General of Customs has asked for advice as to whether there is any doubt as to the constitutionality of sub-section (3) of section 59 of the Quarantine Act 1908.

Section 59 is as follows:

Opinion Number. 393

Subject

CROWN DEBTS
WHETHER COMMONWEALTH HAS PREFERENCE IN RESPECT OF MONEYS DEPOSITED WITH BANK IN EVENT OF ITS INSOLVENCY : WHETHER STATE LEGIS

AuthorGARRAN Robert Randolph | Date
Key Legislation

BANKRUPTCY ACT 1898 (N.S.W.)

The Secretary to the Treasury has forwarded the following memorandum to me for an opinion:

Opinion Number. 394

Subject

ELECTORAL REPRESENTATION
POSITION OF RESIDENTS OF FEDERAL TERRITORIES PENDING PROVISION BY PARLIAMENT

AuthorHUGHES William Morris | Date
Key Legislation

CONSTITUTION, s. 122 : SEAT OF GOVERNMENT ACCEPTANCE ACT 1909 : NORTHERN TERRITORY ACCEPTANCE ACT 1910

The Minister for Home Affairs has referred the following minute by the Chief Electoral Officer to me for advice: