Legal Opinions

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318
DISABILITY OR DISCRIMINATION
WHETHER GRANT BY STATE OF PILOTAGE EXEMPTION CERTIFICATE TO MASTER OF SHIP REGISTERED AND OWNED IN THAT STATE AMOUNTS TO
Littleton E. Groom
14 August 1908
CONSTITUTION, ss. 92, 117 : MARINE ACT 1890 (VlC.).ss.80, 81

The Minister for Trade and Customs asks to be advised whether the papers disclose any unconstitutional practice on the part of the Victorian authorities. The Victorian Marine Act 1890 provides (secti...

92
319
NAVIGATION AND SHIPPING
SCOPE OF COMMONWEALTH POWER
R. R. Garran
17 September 1908
CONSTITUTION, ss. 51 (i), (xxxix), 76.98

Assuming, as a possibility, that, on the true construction of section 98 of the Constitution, the power of the Parliament to make laws as to 'navigation and shipping' is limited by the words 'with oth...

93
320
ACCOUNTANTS
WHETHER COMMONWEALTH HAS POWER TO INCORPORATE INSTITUTE OF ACCOUNTANTS
Littleton E. Groom
12 October 1908
CONSTITUTION, s. 51 (xiiij, (xivj, (xvii). (xxj. (xxxix)

In July 1908 a petition from Messrs T. Brentnall, N. Yarwood, and J. E. Thomas, praying that His Majesty might be pleased to grant a Royal Charter to the Aus-tralasian Corporation of Public Accountant...

94
321
ACQUISITION OF LAND
NATURE AND EFFECT OF POWER : CRITERIA FOR ACCEPTABLE RESERVATIONS IN TRANSFERS BY AGREEMENT
R. R. Garran
14 October 1908
CONSTITUTION, s. 51 (xxxi) : LANDS ACQUISITION ACT 1906

These papers deal with the question of reservations in Crown Grants in cases where land is acquired by the Commonwealth under the Lands Acquisition Act 1906. In an opinion of 18 March 1907(1) the Att...

95
322
TREATIES
CRITERIA FOR ADHERENCE IN RESPECT OF PARTICULAR STATES . WHETHER COMMONWEALTH HAS POWER TO ENFORCE COMPLIANCE WITH TREATY OBLIGATIONS
Littleton E. Groom
11 November 1908
CONSTITUTION s. 51 (xxix)

These papers were referred for a further memorandum*'> summarising the position and illustrating it by reference to different treaties. PROCEDURE FOR ADHERENCE The Imperial Government will only n...

96
323
INTERNATIONAL RESPONSIBILITY
WHETHER COUNTRY IS RESPONSIBLE FOR SAFETY OF FOREIGN SUBJECTS WITHIN ITS BORDERS
W. M. Hughes
25 November 1908

The Minister for External Affairs asks to be advised whether in international law there is any ground for a claim against the French Government in this case.(1) In my opinion, there is a prima facie ...

97
324
WAGE FIXING
EXTENT OF COMMONWEALTH POWER
W. M. Hughes
08 December 1908
CONSTITUTION, s. 51 (i), (xxxv), (xxxix)

It appears that the Commonwealth Parliament has no power to deal with the wages paid by Australian manufacturers-except incidentally to the prevention or settlement of an industrial dispute extending ...

98
325
QUARANTLNE
SCOPE OF COMMONWEALTH POWER : EXTENT OF INCONSISTENCY BETWEEN COMMONWEALTH AND STATE LAWS
R. R. Garran
21 January 1909
CONSTITUTION, ss. 51 (ix), 108, 109 : QUARANTINE ACT 1908, ss. 12, 13, 18, 31, 32, 34, 35, 87

The Comptroller-General of Customs in a memorandum asks a number of questions relating to the scope of the Quarantine Act and its relation to the laws of the States. The questions asked, and my obser...

99
326
JOINT ELECTORAL ROLLS
WHETHER GOVERNOR-GENERAL AND STATE GOVERNOR HAVE POWER TO MAKE REGULATIONS JOINTLY : CONSIDERATION OF ARRANGEMENTS TO BE MADE
R. R. Garran
22 January 1909
COMMONWEALTH ELECTORAL ACTS 1902-1906, s. 30 : ELECTORAL ACT 1907 (TAS.), s. 20

I have carefully perused the opinion of Mr Dobbie, Solicitor-General of the State of Tasmania, and considered the objections which he raises to the proposed joint proclamation and joint regulations. ...

100
327
MURRAY RIVER WATERS
EFFECT ON COMMONWEALTH OF AGREEMENT BETWEEN STATES : WHETHER COMMONWEALTH HAS POWER TO CONTROL OR REGULATE INLAND NAVIGATION : SCOPE OF STATE POWERS WITH RESPECT TO RIVERS
W. M. Hughes
28 January 1909
CONSTITUTION, ss. 92, 98

In view of Mr Attorney-General Isaacs' advising of 8 October 1906(1), these papers are now before me for advice as to whether the Bills before the Parliaments of New South Wales, Victoria, and South A...

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