Legal Opinions

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121
1156
CUSTOMS DUTY
TIME OF IMPOSITION OF DUTIES IN NEW TARIFF ANTEDATED TO A TIME BEFORE ASSENT TO TARIFF: POSITION WHERE NEW TARIFF IMPOSED LOWER DUTIES THAN THOSE PREVIOUSLY APPLYING: SPECIFIC PROVISION PROVIDING THAT PREVIOUS HIGHER DUTIES SHOULD BE COLLECTED AND PAID ON GOODS ENTERED FOR HOME CONSUMPTION BEFORE DATE OF ASSENT
R. R. Garran
31 October 1921
CUSTOMS TARIFF 1921, ss. 5, 6, 14; Schedule, Item 381 (D)

The Comptroller-General of Customs has submitted the following minute for advice: Edments view apparently is that if the Department accepts in anticipation the new higher duties as having the for...

122
1157
PUBLIC SERVICE OF NORTHERN TERRITORY
WHETHER NORTHERN TERRITORY PUBLIC SERVANTS ARE PERSONS TO WHOM COMMONWEALTH PUBLIC SERVICE LEGISLATION APPLIES
R. R. Garran
03 November 1921
COMMONWEALTH PUBLIC SERVICE ACT 1902: NORTHERN TERRITORY ACCEPTANCE ACT 1910, ss. 11, 12: NORTHERN TERRITORY (ADMINISTRATION) ACT 1910, ss. 4 (3), 13 (1): PUBLIC SERVICE ORDINANCE 1913 (NT.)

The Secretary to the Department of Home and Territories has requested advice as to whether public servants of the Northern Territory are Commonwealth public servants in the sense that they have all th...

123
1158
COMMONWEALTH IMMUNITY FROM STATE LAWS
BILLS OF LADING ISSUED BY COMMONWEALTH: INSURANCE POLICIES ISSUED TO COMMONWEALTH: APPLICABILITY OF STATE STAMP DUTY
R. R. Garran
04 November 1921
CONSTITUTION, s. 114: STAMP DUTIES ACT 1898 (N.S.W.), ss. 33, 34; Second Schedule: STAMP DUTIES ACT 1920 (N.S.W.), Second Schedule

The Secretary, Department of Defence, has forwarded me the following memorandum for advice: With reference to your opinion of 20 July, relative to the above-mentioned subject, I would advert to m...

124
1159
NAVAL FORCES OF COMMONWEALTH
DISCHARGED PERSON OFFERING TO TAKE UP GRIEVANCES OF MEMBERS OF NAVAL FORCES FOR FEE: WHETHER ACTION CAN BE TAKEN AGAINST PERSON
R. R. Garran
05 November 1921
NAVAL DEFENCE ACT 1910

The Secretary to the Department of the Navy has forwarded, for advice, the following memorandum: I am commanded by the Naval Board to forward herewith, for your information, copy of a communicati...

125
1160
ELECTORAL ENROLMENT
ABORIGINAL NATIVE OF ASIA WHO HAD A RIGHT TO VOTE IN STATE ELECTIONS IN 1901: RIGHT TO VOTE IN FEDERAL ELECTIONS NOTWITHSTANDING LONG ABSENCE FROM AUSTRALIA
R. R. Garran
15 November 1921
CONSTITUTION, s. 41: COMMONWEALTH ELECTORAL ACT 1918, s. 39 (5)

The Chief Electoral Officer has forwarded for advice the following memorandum: A.B., born in Syria and therefore presumably an aboriginal native of Asia within the meaning of section 4 of the Commo...

126
1161
EMPLOYMENT OF HALF-CASTES IN CARRIAGE OF MAILS
MEANING OF WHITE LABOUR: INCLUDES HALF-CASTES
R. R. Garran
15 November 1921
POST AND TELEGRAPH ACT 1901, s. 16: IMMIGRATION RESTRICTION ACT 1901: COMMONWEALTH FRANCHISE ACT 1902

The Acting Secretary, Postmaster-General's Department, forwards the following memorandum for advice: I beg to refer to the following extracts from opinions forwarded by you on 13.6.06 to the then...

127
1162
NORTHERN TERRITORY LAWS
DATE ON WHICH APPOINTMENT AS NORTHERN TERRITORY JUDGE TOOK EFFECT: WHETHER PROPER TO PRACTISE AS SOLICITOR BEFORE ACTUALLY COMMENCING DUTIES AS JUDGE
R. R. Garran
16 November 1921
SUPREME COURT ORDINANCE 1911 (NT.), s. 8

Secretary, Department of Home and Territories, has forwarded me the following minute for advice: The following telegram has been received from the Government Secretary, Darwin: Gerald Hogan, Special ...

128
1163
NATURALIZATION
WHETHER PORTUGUESE NATIONALITY IS LOST BY NATURALIZATION IN AUSTRALIA
R. R. Garran
16 November 1921
NATURALIZATION ACT 1903. s. 8: NATIONALITY ACT 1920

The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum: Referring to the opinion conveyed in your memorandum of 16 August 1911, as to whether a pe...

129
1164
TAXATION
DELIMITATION OF SPHERES OF TAXATION BETWEEN COMMONWEALTH AND THE STATES: SURRENDER OF COMMONWEALTH TAXING POWER TO THE STATES AND VICE VERSA: TAX SHARING ARRANGEMENTS: LEVY OF COMMONWEALTH TAXES ON THE STATES
R. R. Garran
22 November 1921
CONSTITUTION, ss. 51 (ii). (xxxvii). 99

The Chairman, Royal Commission on Taxation: The Chairman of the Royal Commission on Taxation has forwarded me the following memorandum for advice: In our deliberations on the question of the del...

130
1165
NAVIGATION AND SHIPPING
WHETHER AUSTRALIAN LEGISLATION COULD APPLY TO DISTRESSED SEAMEN LEFT BEHIND ABROAD FROM AUSTRALIAN SHIPS: CONFLICT WITH IMPERIAL LEGISLATION
R. R. Garran
22 November 1921
NAVIGATION ACT 1912, ss. 127, 132: MERCHANT SHIPPING ACT 1894 (IMP.), ss. 207, 261, 265: MERCHANT SHIPPING ACT 1906 (IMP.), Part IV; ss. 34. 86

The Comptroller-General has forwarded me the following minute for advice: Section 132 of the Navigation Act provides that where a seaman or apprentice belonging to a ship registered in Australia is l...

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