Legal Opinions

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shipping: collision between intrastate and interstate ships: collision in waters used by ships engaged in trade or commerce with other countries and among the States: application of commonwealth and state regulations relating to collisons between ships: inconsistency
R. R. Garran
03 May 1926
Navigation Act 1912 ss 258, 394, 413(1)(c), 413(1)(e): Navigation (Collision) RegulationS 1923 reg 4, Schedule art 19: Navigation Act 1901 (NSW) Schedule 7: Regulations for Preventing Collisions at Sea (NSW) art 18: Constitution s 109

The Comptroller-General of Customs has forwarded me the following memorandum for advice: On 1st February last, a collision occurred in Sydney Harbour between the s.s. ‘Wear’, an in...

effect on qualifying period of residence of absence from australia for health reasons
R. R. Garran
23 May 1926
Nationality Act 1920

The Secretary to the Home and Territories Department has forwarded for advice the following memorandum: An application for naturalization has been received from a person who arrived in Austral...

New Guinea
Whether Governor-General retains powers vested in him by Commonwealth Acts when those Acts are applied by Ordinances to Territory of New Guinea
R. R. Garran
10 June 1926
Laws Repeal and Adopting Ordinance 1921 (NG)

I am in receipt of your minute of the 1st June, 1925, requesting advice whether the powers vested in Governor-General by Commonwealth Acts are retained by him when those Acts are applied, by Ordinance...

Export of meat
requirement for registration under commonwealth act of all establishments for slaughter, treatment and storage of meat for export: whether establishments also have to comply with state law prohibiting slaughter of stock except at abattoir registered under state act
R. R. Garran
22 June 1926
Customs Act 1901: Commerce (Trade Descriptions) Act 1905: Commerce (Meat Export) Regulations 1923 Part II, regs 5,6: Abattoirs Act 1909 (WA) ss 3, 6(1)(a): Abattoirs Regulations 1909 (WA) reg 25

The Secretary, Commonwealth Public Service Board, has forwarded me the following memorandum for advice: I am directed to inform you that it has been ascertained that an officer of the Postm...

Workers compensation
whether state workmen’s compensation act applies to governor-general’s establishment at admiralty house sydney and to commonwealth shipping board: statutory construction: inconsistency
R. R. Garran
26 July 1926
Workers’ Compensation Act 1926 (NSW): Commonwealth Workmen’s Compensation Act 1912: COMMONWEALTH Shipping Act 1923 ss 12, 20

The Secretary, Prime Minister’s department, has asked for advice as to whether the New South Wales Workmen’s Compensation Act 1926 applies to (1) the Governor-General’s establishment...

Public Service
prohibition of performance of work outside commonwealth service: officer practising as licensed bookmaker: whether engaged in or undertaking business: ‘business’: whether engaged in a profession: ‘profession’
R. R. Garran
30 July 1926
COMMONWEALTH Public Service Act 1922 ss 55(1)(d), 91(1)

The Secretary, Commonwealth Public Service Board, has forwarded me the following memorandum for advice: I am directed to inform you that it has been ascertained that an officer of the Postm...

Wireless Telegraphy
whether officers of postmaster-general’s department can be compelled to attend and give evidence at proceedings before arbitrator: power of arbitrator to compel attendance of witnesses
Geo. S. Knowles
23 August 1926
Wireless Telegraphy Regulations reg 62: Arbitration Act 1902 (NSW) ss 10, 18

The Secretary, Postmaster-General’s Department, has forwarded the following memorandum for advice: In accordance with regulation 62(3), the Department has been informed that the two Cl...

Post and telegraph
fees for opening post offices after hours: payment of fees into consolidated revenue fund and subsequent credit to officer: whether regulation may provide for obviation of process by retention of fee by officer: public moneys: consistency with constitution s 81
R. R. Garran
26 August 1926
Post and Telegraph Regulations: Constitution s 81

The Secretary to the Treasury has forwarded me the following memorandum for advice: It is provided in the Post and Telegraph Regulations that arrangements may be made to have a post office ope...

privileges and exemptions of consuls: application of workers compensation act 1926 of new south wales to consular staff maintained by foreign GOVERNMENTS
R. R. Garran
27 August 1926

The Secretary, Prime Minister’s Department, has forwarded me the following memorandum for advice: The professional Consuls-General in Sydney have approached the Commonwealth Government...

Air Force
defence: validity of air force act 1923: power to constitute air force as separate service: defence power and incidental power
R. R. Garran
27 August 1926
Constitution s 51(vi), (xxxix): Air Force Act 1923

The Secretary, Department of Defence, has forwarded the following memorandum for advice: Section 51(vi) of the Commonwealth of Australia Constitution Act provides that— The Pa...


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