Legal Opinions

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NORTHERN TERRITORY LAWS
WHETHER EASTERN EXTENSION TELEGRAPH COMPANY IS LIABLE TO PAY RATES ON LAND HELD AT DARWIN: WHETHER COMMONWEALTH SUCCEEDS TO OBLIGATIONS CAST UPON SOUTH AUSTRALIA UNDER AGREEMENT WITH COMPANY: ATTEMPT BY GOVERNMENT OF SOUTH AUSTRALIA TO BIND LEGISLATURE TO GRANT EXEMPTION FROM RATES IN FUTURE LEGISLATION
R. R. Garran
01 November 1915
NORTHERN TERRITORY ACCEPTANCE ACT 1910, s. 10: DISTRICT COUNCILS ACT 1887 (S.A.): DISTRICT COUNCIL ORDINANCE 1915 (NT): DARWIN TOWN COUNCIL ORDINANCE 1915 (NT.), s. 4

The Secretary, Department of External Affairs, has forwarded the following memorandum asking for advice: I forward herewith papers in regard to a question which has been raised as to whether the ...

272
669
DEFENCE: WAR FUNDS
WHETHER COMMONWEALTH HAS POWER TO LEGISLATE TO TAKE CONTROL OF FUNDS RAISED FOR WAR PURPOSES: MATTER INCIDENTAL TO DEFENCE
R. R. Garran
01 November 1915
CONSTITUTION, s. 51 (vi), (xxxix)

The Secretary, Prime Minister's Department, desires to be advised whether the Commonwealth Government has power to take control of all funds being raised for war purposes. Under paragraph (vi) of sect...

273
666
INCOME TAX
WHETHER DEDUCTION IS ALLOWABLE FOR RATES PAID BY TAXPAYER ON HOUSE OWNED BY SPOUSE
R. R. Garran
02 November 1915
INCOME TAX ASSESSMENT ACT 1915, ss. 18 (b), 20 (k)

The Commissioner of Taxation has forwarded the following memorandum for advice: Section 18 (b) of the Income Tax Assessment Act allows as a deduction all rates and taxes including State and Federa...

274
667
WAR PRECAUTIONS
CIRCUMSTANCES IN WHICH PERSONS MAY BE PREVENTED FROM LEAVING COMMONWEALTH: DETENTION ON SUSPICION IN WARTIME
R. R. Garran
25 November 1915
WAR PRECAUTIONS REGULATIONS 1915, reg. 24

In my opinion, the military authorities have full power, on suspicion, to prevent any person from leaving the Commonwealth if they have any reason at all for suspecting that he is-or for thinking that...

275
668
INCOME TAX: STATE IMMUNITY FROM COMMONWEALTH LAWS
WHETHER COMMONWEALTH HAS POWER TO TAX INCOME FROM STATE SECURITIES INCOME TAX
R. R. Garran
26 November 1915
ASSESSMENT ACT 1915

The Commissioner of Taxation has forwarded the following memorandum, for advice: I shall be glad if you will favour me with advice as to whether the income derived by individuals from State securities...

276
670
PARLIAMENT
HOLDER OF OFFICE OF PROFIT UNDER CROWN: WHETHER TAKING OF LEAVE WITHOUT PAY WOULD OVERCOME DISQUALIFICATION APPLYING TO PUBLIC SERVANTS
R. R. Garran
02 December 1915
CONSTITUTION, s. 44: COMMONWEALTH ELECTORAL ACT 1902, s. 95

The following question, asked by the Postmaster-General, is submitted for advice: Federal servants ask for leave of absence without pay to contest Federal electorates for two months. Can such be legal...

277
671
NAVAL FORCES OF COMMONWEALTH
STATUS OF ROYAL AUSTRALIAN NAVAL BRIDGING TRAIN: WHETHER MEMBERS ARE SUBJECT TO ARMY OR NAVAL DISCIPLINE
R. R. Garran
15 December 1915
NAVAL DEFENCE ACT 1910, ss. 33, 36: NAVAL DISCIPLINE ACT (IMP.): NAVAL DISCIPLINE (DOMINION NAVAL FORCES) ACT 1911 (IMP.): KINGS REGULATIONS AND ADMIRALTY INSTRUCTIONS

The Secretary, Department of Defence, has forwarded for advice the following telegram received from 'Stralis', Egypt: AIB 3038 Please say if Bridging Train(1) form part of Australian Imperial For...

278
672
INCOME TAX
WHETHER TAXPAYER CAN DEDUCT BUSINESS LOSSES FROM INCOME DERIVED FROM PROPERTY
R. R. Garran
17 December 1915
INCOME TAX ASSESSMENT ACT 1915, ss. 18(a), 18(1) (a), 18(2), 21: INCOME TAX ASSESSMENT ACT (No.2) 1915, s. 6 (g)

The Commissioner of Taxation has forwarded the following memorandum for advice: I shall be glad if you will be good enough to favour me with your opinion on the following matter: Section 18 of the Inc...

279
673
PUBLIC SERVICE
WHETHER CERTAIN PREMIUMS ON LIFE INSURANCE POLICIES OF COMMONWEALTH PUBLIC SERVANTS ON LEAVE WITHOUT PAY ON WAR SERVICE ARE SUBJECT TO WAR RISK LOADING: NATURE AND INCIDENTS OF LEAVE WITHOUT PAY
R. R. Garran
21 December 1915
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 46, Part IV: COMMONWEALTH PUBLIC SERVICE REGULATIONS 1913-1914, regs. 170, 172, 173, 180

The Public Service Commissioner has forwarded the following case for opinion: Public Service Regulation 170 provides that every officer appointed to the Public Service shall effect an assurance on...

280
674
INCOME TAX
METHODS OF ASSESSING INCOME TAX PAYABLE BY THEATRICAL ARTISTES AND SHIP CHARTERERS: WHETHER THEATRICAL AGENT CAN BE MADE LIABLE FOR TAX
R. R. Garran
21 December 1915
INCOME TAX ACT 1915, ss. 4, 5: INCOME TAX ASSESSMENT ACT 1915, ss. 10, 22, 28 (2), 29, 52(e)

The Commissioner of Taxation has forwarded the following memorandum for advice: Section 5 of the Income Tax Act (No. 41) of 1915 prescribes that income tax shall be levied in and for the financial yea...

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