The Secretary, Home and Territories Department, has requested an opinion as to whether an alien child, who has been legally adopted by a British subject, acquires
British nationality.
Legal Opinions
Opinion Number. 1326
Subject
| Date
british Nationality
whether alien child who has been legally adopted by British subject acquires British nationality
Key Legislation
Opinion Number. 1327
Subject
| Date
Customs
customs tariff: by-law admitting sulphur free of duty for use in manufacture of superphosphates subject to general condition having differential application between jurisdictions: whether discrimination between states or parts of the commonwealth
Key Legislation
CUSTOMS TARIFF 1902 item No. 404: CONSTITUTION s 99
The Comptroller-General of Customs has submitted for advice the question whether there is any constitutional objection to the following By-law made under Tariff item
No. 404:
Opinion Number. 1328
Subject
| Date
NAVIGATION
power to create right of appeal to australian court from decision of Court of Marine Inquiry cancelling or suspending master’s or ship’s officer’s certificate of competency: maintenance OF right of appeal to High Court of England
Key Legislation
MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) s 475: NAVIGATION ACT 1912 s 366
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
Opinion Number. 1329
Subject
| Date
taxation
taxation by states: aggregation of incomes: whether States have power to impose income tax on persons earning income in more than one State at rates which would be applicable if whole income were earned within State
Key Legislation
I have been asked to advise upon the question whether the States have power to impose income tax on persons earning income in more than one State at rates which would be applicable if the whole of their income were earned within the State.
The matter has to be looked at from two points of view, firstly, from that of the State in which the person is resident, and secondly from that of the State in which he is not resident.
Opinion Number. 1330
Subject
| Date
Shipping
shipping: application of commonwealth shipping act in territory of new guinea: application of imperial merchant shipping act in territory of new guinea: regulation of shipping in territory
Key Legislation
MERCHANT SHIPPING ACT 1894 (U.K.) (57 & 58 Vict. c. 60) Parts I, II, III, IV, V, VI, VII, VIII, XIII: NAVIGATION ACT 1912: LAWS REPEAL AND ADOPTING ORDINANCE 1921 (TNG): NAVIGATION ACT SUSPENSION ORDINANCE 1921 (TNG)
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
s.s. Sumatra
In view of the fact that the question as to what shipping laws apply to vessels trading in the Mandated Territories is likely to arise at the Court of Marine Enquiry shortly to be held in Sydney, I shall be glad if the Solicitor-General will be good enough to advise in regard to the following questions:
Opinion Number. 1331
Subject
| Date
Libel of public officer
smith’s daily guardian: articles concerning actions of commonwealth department and officials in relation to availability of insulin in treatment of diabetes: whether articles are libellous of officials: criminal proceedings in respect of libel of public officer in conneXion with his public duties
Key Legislation
The Director-General of Health forwards the following memorandum for advice:
By direction of the Minister for Health, it is desired to submit certain extracts from ‘The Daily Guardian’ of Sydney, which are attached hereto.
The facts in relation to the preparation of ‘Insulin’ at the Commonwealth Serum Laboratories are briefly as follows:
Opinion Number. 1332
Subject
| Date
Freedom of interstate trade
tasmanian state royalty: differential royalty on pine timber for intrastate and interstate consumption: whether contrary to freedom of interstate trade
Key Legislation
CONSTITUTION s 92
The Comptroller-General of Customs has forwarded me the following letter for advice:
I have in common with others been engaged in the timber industry at Strahan in Tasmania. A short time ago those engaged in the Industry met the Minister for Agriculture and the Conservator of Forests to endeavour to secure a reduction in the heavy royalties enforced by the Government on the timber.
Opinion Number. 1333
Subject
| Date
Bounties
uniformity of bounties throughout commonwealtH: whether northern territory is part of ‘commonwealth’: payment of bounties by states
Key Legislation
CONSTITUTION covering cl 6, ss 51(ii), (iii), 90, 99
The Comptroller-General of Customs has forwarded me the following minute
for advice:
Opinion Number. 1334
Subject
| Date
Trade practices
trade practices: profiteering: power of commonwealth to control price of necessaries: limits of trade and commerce power: freedom of interstate trade: power to investigate: constitution of royal commission with compulsive powers
Key Legislation
CONSTITUTION ss 51(xxxix), 92, 128: ROYAL COMMISSIONS ACT 1902 s 1A
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
In the ‘Age’ of 3/8/23 an article appears, reading in part as follows:
Is it not time that the Commonwealth Government took definite and decisive action to curtail the vicious profiteering which is being practised? Almost every branch of trade concerned with the supply of necessaries of life to the public is under the domination of Combines, which seem to have a direct dispensation to plunder the people at their own sweet will.
Opinion Number. 1335
Subject
| Date
RECOVERY OF MONEY PAID UNDER MISTAKE OF FACT
Recovery of commonwealth war pension paid under mistake of fact
Key Legislation
AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920 ss 23, 28
The Chairman of the Repatriation Commission has forwarded for advice the following memorandum: