Legal Opinions

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NAVIGATION AND SHIPPING
WHETHER FEES COLLECTED BY REGISTRAR OF SHIPPING PASS TO COMMONWEALTH : WHETHER COMMONWEALTH HAS POWER TO DIRECT DISPOSAL OF SUCH FEES
Alfred Deakin
15 March 1901
CONSTITUTION, ss. 69, 89 : INTERPRETATION ACT 1889 (IMP.), s. 18 : MERCHANT SHIPPING ACT 1894 (IMP.), ss. 4. 62

The Collector of Customs of New South Wales performs the duties of Registrar of Shipping under the Merchant Shipping Act 1894. He has since 1 January 1901 ceased to pay his collections as Registrar in...

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EXTERNAL AFFAIRS
POSITION OF COMMONWEALTH AND STATES IN RELATION TO TREATIES : SOURCE AND EXTENT OF COMMONWEALTH EXECUTIVE POWER AND EXTERNAL AFFAIRS POWER : NATURE OF ADHERENCE TO TREATIES . CHANNEL OF COMMUNICATION BETWEEN STATES AND EMPIRE OR FOREIGN POWERS
Alfred Deakin
28 May 1901
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT, preamble : CONSTITUTION, ss. 51 (xxix), 61, 64, 74. 92, 99

The Empire as a sovereign independent state possesses full contracting powers which are exercised by the Imperial Government alone. The Commonwealth has no treaty powers of any kind under its Constitu...

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CUSTOMS
WHETHER VARIOUS MONEYS RECEIVED SHOULD BE PAID TO COMMONWEALTH OR STATE
Alfred Deakin
27 June 1901
CONSTITUTION, ss. 86, 92 : INTERPRETATION ACT 1889 (IMP.), s. 18 : MERCHANT SHIPPING ACT 1894 (IMP.), s. 699

Wharfage rates The rates collected under the Melbourne Harbor Trust Act, sections 110-19117, Marine Act 1890, sections 20-24, clearly belong to the State of Victoria. They are not taxes, or burdens on...

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SEAT OF GOVERNMENT
ACQUISITION OF TERRITORY AND PROPERTY IN NEW SOUTH WALES : CROWN LANDS
Alfred Deakin
01 July 1901
CONSTITUTION, ss. 51 (xxxi), 125

As to the implied operation of the Act of Cession upon the territorial rights of New South Wales or, in other words, can the contention be constitutionally supported that 'just terms' is an expressi...

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RACIAL DISCRIMINATION
WHETHER JUSTIFIABLE WHEN NATURALIZED : NATURE OF DISCRETION TO BE EXERCISED BY CUSTOMS IN BONDING CHINESE CARTERS IN SOUTH AUSTRALIA : POWER OF COMMONWEALTH IN NORTHERN TERRITORY
Alfred Deakin
31 July 1901
CONSTITUTION, covering cl. 6 : ALIENS ACT 1864 (S.A.): THE CUSTOMS ACT 1864 (S.A.), s. 17

There is no provision in the South Australian Customs Acts or Regulations for the licensing of carriers (except in the case of lighters; see Act No. 19 of 1864(1), section 17). From information suppli...

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PROTECTION OF NATIONALS OUTSIDE CIVILISED JURISDICTIONS
WHETHER DECREE RELATING TO POWERS OF FRENCH COMMISSIONER-GENERAL IN PACIFIC CONFERS JURISDICTION OVER SUBJECTS OF OTHER CIVILISED POWERS
Alfred Deakin
02 August 1901
PACIFIC ISLANDERS PROTECTION ACT 1875 (IMP.), s. 7

This decree purports to be made under the authority of a law of 30 July 1900, authorising the President of the French Republic to assure, by a decree, the protection of French citizens in certain isla...

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APPROPRIATION
WHETHER PROPOSED LAW APPROPRIATING REVENUE FOR ORDINARY ANNUAL SERVICES MAY INCLUDE ITEMS BEYOND SUCH PURPOSE
Alfred Deakin
09 August 1901
CONSTITUTION, ss. 53,54

No; a Bill appropriating revenue for the ordinary annual services, if it includes items beyond that purpose, does not cease to be a 'proposed law which appropriates revenue or moneys for the ordinary ...

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DEFENCE PURPOSES
WHETHER STATE MAY RESERVE CROWN LAND FOR : WHETHER LAND WOULD VEST IN COMMONWEALTH
Alfred Deakin
15 August 1901
CONSTITUTION, ss. 51 (vi), 52(H), 69, 70 : DEFENCE ACT 1903, s. 69 : CROWN LANDS ACT OF 1884 (QLD), ss. 95, 96, 97, 121

The proposal apparently is to ask the Queensland Government to proclaim a reserve under section 95 of the Queensland Crown Lands Act of 1884, which empowers the Governor in Council 'to grant in trust ...

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EXCISE DUTY : BOUNTIES
DIFFERENTIATION BETWEEN SUGAR GROWN BY BLACK LABOUR AND SUGAR GROWN BY WHITE LABOUR
Alfred Deakin
21 August 1901
CONSTITUTION, ss. 51 (ii), (iii), 88, 89, 90, 92, 93, 94, 95, 99

The questions are: Whether an excise duty may differentiate between sugar grown by black labour and sugar grown by white labour? Whether a bounty may be given on the production of white-grown sugar...

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IMPOSITION OF UNIFORM DUTIES OF CUSTOMS
WHETHER EXECUTIVE ACT OR RESOLUTION OF HOUSE OF REPRESENTATIVES SUFFICIENT OR ACT OF PARLIAMENT NECESSARY : EFFECT ON STATE TARIFFS OF COLLECTION OF DUTIES PURSUANT TO RESOLUTION : RETROSPECTIVE LEGISLATION
Alfred Deakin
21 August 1901
CONSTITUTION, ss. 88, 89, 90, 92, 93, 94, 95

Is the collection of duties, upon a resolution of the House on the day of the introduction of the tariff, 'the imposition of uniform duties of customs' within the meaning of sections 88, 89, 90, 92,...

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