The following letter from Messrs Strongman and Crouch, Solicitors, Melbourne, to the Minister for External Affairs has been referred to this Department for consideration:
Legal Opinions
Opinion Number. 288
Subject
| Date
CUSTOMS OF CIVILIZED NATIONS
WHETHER PRECLUDE BARRING INHERITANCE OF REAL PROPERTY BY ALIENS
Key Legislation
Opinion Number. 289
Subject
| Date
PARLIAMENTARY PAPERS
EXTENT OF PRIVILEGE PROTECTING PUBLICATION : WHETHER COMMONWEALTH IMMUNE FROM SUIT FOR ISSUE TO PUBLIC : WHETHER COMMONWEALTH HAS POWER TO ALTER REPORT OF ROYAL COMMISSIONER
Key Legislation
ROYAL COMMISSIONS ACT 1902, s. 7 : PARLIAMENTARY PAPERS ACT 1840 (IMP.)
The following paragraph occurs in the report(1) of Mr O. C. Beale, made to the Governor-General in pursuance of a Commission, and laid before both Houses of the Parliament:
Opinion Number. 290
Subject
| Date
INTER SE QUESTION
EFFECT OF LIMITING APPEAL TO PRIVY COUNCIL : MEANING OF QUESTION' : WHETHER STATE TAXATION POWERS EXTEND TO SALARIES OF COMMONWEALTH OFFICERS
Key Legislation
CONSTITUTION covering cl. 5; ss. 51 (x), (xxix), 74
The essential point in this case(1), in connection with the application for special leave to appeal, is whether the proposed appeal comes within the provisions of section 74 of the Constitution. It is not open to question that if the appeal for which leave is asked is an appeal from a decision of the High Court(2) upon a question as to the limits inter se of the constitutional powers of the Commonwealth and those of a State special leave cannot be granted.
No appeal shall be permitted
Opinion Number. 291
Subject
| Date
COURT OF DISPUTED RETURNS
NATURE OF JURISDICTION
Key Legislation
CONSTITUTION, ss. 15. 73 : COMMONWEALTH ELECTORAL ACTS 1902-1906. s. 201 ELECTORAL ACT 1904 (W.A.) : PARLIAMENTARY ELECTIONS ACT 1868 (IMP.), s. 11
An election of senators was held in South Australia last year and Sir Josiah Symon, Mr Russell, and Mr Vardon were returned as elected.
A petition was lodged in the Court of Disputed Returns against the return of Mr Vardon, and the petition was heard at Adelaide before His Honour Mr Justice Barton. (1)
At the hearing of the petition evidence was given that all the ballot-papers for the Division of Angas had been accidentally destroyed.
Opinion Number. 292
Subject
| Date
COURT OF DISPUTED RETURNS
WHETHER DECISION MAY BE REVIEWED : WHETHER ELECTION OF SENATOR BY STATE PARLIAMENT MAY BE REVIEWED
Key Legislation
CONSTITUTION, s. 15 . COMMONWEALTH ELECTORAL ACTS 1902-1906. s. 201
To carry out the suggestion in the annexed memorandum(1) would necessitate the reopening of the case of Blundell v. Vardon(2) decided in the Court of Disputed Returns. The decision of the Court of Disputed Returns is declared by section 201 of the Commonwealth Electoral Acts 1902-1906 to be final and conclusive and without appeal.
Opinion Number. 293
Subject
| Date
EXECUTIVE POWER OF COMMONWEALTH
WHETHER COEXTENSIVE WITH LEGISLATIVE POWER : WHEN IS STATE EXECUTIVE POWER DISPLACED : WHETHER COMMONWEALTH HAS POWER BY EXECUTIVE ACT TO PERMIT LANDING OF FOREIGN TROOPS OR CREWS
Key Legislation
CONSTITUTION, ss. 51 (vi), (xxix), (xxxix). 61,109: DEFENCE ACT 1903. s. 63
On 14 December 1905, certain regulations governing the landing of foreign troops and crews of warships were made and gazetted under the provisions of the Defence Act 1903.
In September 1906, a memorandum on the subject by the Colonial Defence Committee was received from the Imperial Government. This memorandum recommended that the Colonial Governments should be asked to rescind the then existing regulations governing this subject and substitute for the practice established under those regulations a new practice, set out in paragraph 6 of the memorandum.
Opinion Number. 294
Subject
| Date
STATUTORY DECLARATIONS
WHETHER STATE STAMP DUTY PAYABLE WHERE USED FOR COMMONWEALTH PURPOSES
Key Legislation
EXCISE TARIFF 1906 (No. 16 of 1906)
In South Australia, manufacturers of agricultural implements have, in connection with the administration of the Excise Tariff 1906(1), been asked to furnish returns as to the number of employees, wages paid, etc., verified by statutory declarations. In that State, statutory declarations are, under State law, subject to a stamp duty of Is.
The matter has been referred to me for advice as to whether duty stamps are required in the case of the declarations referred to.
Opinion Number. 295
Subject
| Date
AUSTRALIAN FEDERAL SCHEME
DISTRIBUTION OF POWERS BETWEEN COMMONWEALTH AND STATES
Key Legislation
CONSTITUTION, ss. 51,51 (xiii). (xiv). (xx). (xxxix). 52. 71.107.109
A despatch, which has been received by His Excellency the Governor-General from the Secretary of State for the Colonies, has been referred to me by the Prime Minister for opinion.
The despatch is as follows:
Opinion Number. 296
Subject
| Date
SENATE ELECTIONS
WHETHER FORM OF BALLOT-PAPER MAY BE ALTERED WHERE SINGLE SENATOR TO BE ELECTED
Key Legislation
ACTS INTERPRETATION ACT 1901, s. 23 : COMMONWEALTH ELECTORAL ACTS 1902-1906, s. 209
The following memorandum by the Chief Electoral Officer has been referred to me for advice:
The directions on the ordinary form of Senate ballot-paper ('O') and on the Absent Voters form of ballot-paper (Regulation 23), although perhaps not inconsistent with the requirements of an election for one Senator, do not appear to contemplate such a contingency. The directions on the Senate postal ballot-paper, on the other hand, appear to contemplate an election of one Senator or several Senators.
Opinion Number. 297
Subject
| Date
SENATE ELECTIONS
ROLE OF STATE GOVERNOR IN ISSUING WRIT
Key Legislation
CONSTITUTION, s. 12
Under the Constitution, section 12, the Governor of a State is empowered to cause writs to be issued for the election of senators for the State.
The High Court in the case of R. v. Governor of South Australia(1) decided that a mandamus would not lie to compel the Governor of a State to do an act in his capacity as Governor, and refused to issue a mandamus to compel him to issue a writ under the section referred to.