Legal Opinions

Opinion Number. 445

Subject

PASSPORTS
DISCRETIONARY NATURE OF GRANT: WHETHER PAYMENT MAY BE REQUIRED FOR ISSUE

AuthorGARRAN Robert Randolph | Date
Key Legislation

The Secretary, Department of External Affairs has forwarded the following minute for advice:

Consideration is now being given to the question as to whether a fee should be charged for passports issued by this Department to Australian citizens visiting foreign countries. Will you kindly advise whether the Department has power to impose a fee without the auth-ority of legislation.

Opinion Number. 446

Subject

ELECTORAL DISTRIBUTION
WHETHER MARKING ON MAP AMOUNTS TO DESCRIPTION OF BOUNDARIES OF PROPOSED DIVISION

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH ELECTORAL ACT 1902-1911. ss. 17, 19

The Secretary, Department of Home Affairs asks for advice on the questions raised by the following memorandum of the Chief Electoral Officer:

Opinion Number. 447

Subject

JERVIS BAY
WHETHER GRANT OF LAND TO COMMONWEALTH CONFERS PROPRIETARY OR TERRITORIAL RIGHTS : EXTENT OF EXCLUSIVE POWER TO MAKE LAWS FOR PLACES ACQUIRED BY COMMONWEALTH : NATURE AND EXTENT OF DEFENCE POWER

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 51 (vi). (xxxix). 52 : LANDS ACQUISITION ACT 1906

Senator Pearce, for the Attorney-General, asks advice on the questions raised in the following memorandum:

Will you please advise me in respect to the lands granted to the Commonwealth at Jer-vis Bay by the State of New South Wales, what are the powers of the Commonwealth in

Opinion Number. 448

Subject

REFERENCE TO ONE STATE OVER ANOTHER STATE
WHETHER RAILWAY SERVING SOME STATES AND NOT OTHERS AMOUNTS TO

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 98, 99 : KALGOORLIE TO PORT AUGUSTA RAILWAY ACT 1911

The following letter which appeared in the Adelaide Register of 8 April 1912 has been referred by the Secretary to the Department of Home Affairs to me for advice:

Opinion Number. 449

Subject

FLAGS
WHETHER COMMONWEALTH MAY AUTHORISE USE OF AUSTRALIAN BLUE ENSIGN

AuthorFISHER Andrew | Date
Key Legislation

MERCHANT SHIPPING ACT 1894 (IMP.), s. 73

The Motor Boat Club of New South Wales has applied to the Minister for Defence for a warrant granting to the Club the privilege of flying the Australian Blue Ensign.

Certain correspondence has taken place in relation to the matter and the following passage occurs in a letter from Captain Haworth Booth in relation to the matter:

Opinion Number. 450

Subject

NATURALIZATION
EFFECT OF PROPOSED IMPERIAL SCHEME : APPLICATION TO SELF-GOVERNING DOMINIONS : WHETHER QUALIFICATIONS FOR MEMBERS OF HOUSE OF REPRESENTATIVES AND SENATORS AFFECTED

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 16, 34: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 {IMP.}, ss. 3,8,9

The Secretary to the Department of External Affairs has forwarded to me the file relating to the subject of Imperial naturalization, with the following minute:

Will you be so good as to advise whether the first paragraph of clause 8 in the draft measure submitted with our dispatch of 14 July 1911, is sufficient to remove the difficul-ties which would arise under clause 3 of the draft bill (if not qualified) with regard to (e.g.) sections 16 and 34 of the Constitution of the Commonwealth.

Opinion Number. 451

Subject

NATURALIZATION
APPLICATION OF PROPOSED IMPERIAL SCHEME TO AUSTRALIA : EFFECT OF COMMONWEALTH LAW ADOPTING SCHEME ON QUALIFICATIONS OF MEMBERS OF HOUSE OF REPRESENTATIVES AND SENATORS, STATE CONSTITUTIONS AND DISTINCTIONS BETWEEN CLASSES OF BRITISH SUBJECTS : EXTENT OF COMMONWEALTH POWER TO CHANGE QUALIFICATIONS FOR MEMBERS OF HOUSE OF REPRESENTATIVES AND SENATORS

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, ss. 16, 34 : BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP.), s. 8

The following memorandum by the Secretary to the Department of External Affairs has been referred to me for advice:

Referring to your opinion of 15 May(1) on the subject of the proposed Imperial Naturalization Bill, will you be so good as to supplement your remarks by advising-

Opinion Number. 452

Subject

FINES AND PENALTIES
WHETHER PROPER FOR COMMONWEALTH TO RETAIN PENALTIES IMPOSED BY STATE COURTS FOR OFFENCES AGAINST COMMONWEALTH LAW : PROVISION BY STATES FOR DETENTION OF COMMONWEALTH PRISONERS : DISTRIBUTION BETWEEN COMMONWEALTH AND STATES OF BURDENS AND FUNCTIONS

AuthorGARRAN Robert Randolph | Date
Key Legislation

CONSTITUTION, Chapters III, IV, V;s. 120 : DEFENCE ACT 1903-1911 : SURPLUS REVENUE ACT 1910

These papers are referred for advice.

The opinion given by me on 9 December 1911(1), as to the right of the Common-wealth to penalties recovered under the Defence Act, is referred to me by the Premier of Western Australia in the following terms:

Opinion Number. 453

Subject

ELECTORAL DISTRIBUTION
EFFECT OF EXTENDED ABSENCE OF ONE OF SEVERAL COMMISSIONERS

AuthorCASTLE Gordon Harwood | Date
Key Legislation

ACTS INTERPRETATION ACT 1901, s. 33 : COMMONWEALTH ELECTORAL ACT 1902-1911, ss. 13.14,19, 20. 22

The following letter from the Chairman of the Electoral Boundaries Commission in the State of Western Australia has been referred by the Secretary to the Department of Home Affairs to me for advice:

Opinion Number. 454

Subject

COMMONWEALTH BANK
WHETHER MAY START BUSINESS WITHOUT DEPUTY GOVERNOR : WHETHER MAY OPEN FOR BUSINESS IN ONE STATE ONLY : WHETHER CHEQUES DRAWN ON BANK SUBJECT TO STATE STAMP DUTY

AuthorGARRAN Robert Randolph | Date
Key Legislation

COMMONWEALTH BANK ACT 1911

The Secretary to the Prime Minister has submitted the following memorandum to me for advice:

I am instructed by the Prime Minister to ask that you will be good enough to furnish advice on the following points: