The Secretary, Department of External Affairs forwards the following memorandum for advice:
Legal Opinions
Opinion Number. 308
Subject
| Date
BRITISH SUBJECT
WHETHER CROWN MAY TRANSFER ALLEGIANCE WITH CESSION OF TERRITORY : CONSEQUENCE OF FAILURE BY NATIVE OF HELIGOLAND TO OPT FOR BRITISH NATIONALITY
Key Legislation
ANGLO-GERMAN AGREEMENT ACT 1890 (IMP.)
Opinion Number. 309
Subject
| Date
CUSTOMS
WHETHER CONTRACTORS WITH COMMONWEALTH PROTECTED ON VARIATION OF DUTY
Key Legislation
CUSTOMS ACT 1901, s. 152
On 23 August 1907 the following opinion was given by the Crown Solicitor:
A contract has been entered into for insulators and the duty has been raised by the new Tariff.
The question is whether the Department is bound by section 152 of the Customs Act 1901.
I am of opinion that although the Crown is not as a rule bound by any Act unless expressly named, the Department should allow contractors with the Commonwealth the protection given to contractors generally by section 152.
Opinion Number. 310
Subject
| Date
FINANCE
WHETHER UNEXPENDED BALANCES OF REMITTANCES TO ENGLAND LAPSE WITH ANNUAL APPROPRIATION
Key Legislation
CONSTITUTION, ss. 89, 93 : AUDIT ACTS 1901-1906. ss. 36, 63
The following case has been forwarded to me by the Auditor-General for opinion:
Opinion Number. 311
Subject
| Date
DEFENCE : EXTERNAL AFFAIRS
WHETHER STATES HAVE POWER TO FORBID LANDING OF FOREIGN TROOPS OR CREWS OF FOREIGN WARSHIPS
Key Legislation
CONSTITUTION, s. 51 (vi), (xxix)
These papers have again been forwarded for consideration-attention being drawn to the action taken in connection with the matter since my memo of 27 November 1907.(1)
The action referred to is that four of the State Premiers-those namely of New South Wales, Queensland, South Australia and Tasmania-have expressed dissent from the Prime Minister's letter based upon my memorandum.
Opinion Number. 312
Subject
| Date
TREATIES
WHETHER COMMONWEALTH MAY ADHERE IN RESPECT OF PARTICULAR STATES : WHETHER COMMONWEALTH HAS POWER TO LEGISLATE IN FULFILMENT OF TREATY OBLIGATIONS
Key Legislation
CONSTITUTION, s. 51 (xxix) : THE BRITISH NORTH AMERICA ACT 1867 (IMP.), s. 132
The following despatch from the Secretary of State for the Colonies has been referred to me for consideration:
Opinion Number. 313
Subject
| Date
ALIENS
WHETHER STATE HAS POWER TO ALTER LAWS RELATING TO
Key Legislation
CONSTITUTION, ss. 51 (xix). 107 : NATURALIZATION ACT 1903 : NATURALIZATION AND DENIZATION ACT OF NEW SOUTH WALES 1898 (N.S.W.), s. 4
The Secretary, Department of External Affairs asks to be advised whether section 4 of the New South Wales Act No. 21 of 1898, the Naturalization and Denization Act, has been affected by the Federal Constitution or any legislation by the Federal Parliament, and observes that, if it has not, the power to amend presumably still rests with the State Parliament.
Opinion Number. 314
Subject
| Date
FREEDOM OF INTERSTATE TRADE
WHETHER EXEMPTION OF OVERSEA VESSELS FROM PORT CHARGES BURDENS INTERSTATE TRADE
Key Legislation
CONSTITUTION, s. 92
It appears that the Cairns Harbour Board has sent a circular to several of the oversea shipping companies, from which the following is an extract:
My Board are endeavouring to obtain from the Government a remission on all port charges for oversea vessels. I am desired to point out that, as a special inducement for foreign vessels to berth at Cairns, my Board have made the berthage charges absolutely free, whilst coastal vessels pay full rates.
Opinion Number. 315
Subject
| Date
CLERK OF THE PARLIAMENTS
WHETHER TITLE MAY BE ABOLISHED OR REASSIGNED
Key Legislation
COMMONWEALTH PUBLIC SERVICE ACT 1902
The Prime Minister forwards to me for advice:
Opinion Number. 316
Subject
| Date
LAWS IMPOSING TAXATION
WHETHER COMMONWEALTH HAS POWER TO REGULATE CONDITIONS OF LABOUR BY IMPOSING ADDITIONAL EXCISE DUTY ON DISTILLERS WHO FAIL TO OBSERVE PRESCRIBED INDUSTRIAL CONDITIONS
Key Legislation
CONSTITUTION, s. 55 : EXCISE TARIFF 1906 (No. 20ofl906), s. 2
The Minister for Trade and Customs asks for advice on the question raised in the following memorandum by the Assistant Comptroller-General:
On 14 November 1907 the Minister for Trade and Customs approved of a scale of wages to be regarded as 'fair and reasonable' within the meaning of section 2 of the Excise Tariff 1906 (No. 20 of 1906).
All distillers gave undertakings to observe such scale.
Opinion Number. 317
Subject
| Date
AUSTRALIAN FEDERAL SCHEME
CREATION OF CENTRAL GOVERNMENT : DISTRIBUTION OF POWERS AND FUNCTIONS BETWEEN COMMONWEALTH AND STATES : TRANSITION FROM DISUNION TO UNION
Key Legislation
CONSTITUTION covering cl. 3; ss. 9, 10, 12, 29. 30. 32. 51 (i), (ii). (xxxv), (xxxvi), 62, 64. 67, 69. 70; Chapter III; ss. 83, 84, 85, 92, 95, 107, 108. 109 : THE BRITISH NORTH AMERICA ACT 1867 (IMP.), ss. 91, 92
The subjects on which a memorandum(1)from this Department appears to be desired are: