The Secretary, Home and Territories Department, has submitted the following memorandum to me for advice:

The accompanying file relates to an application for naturalization made by A.B.C.D., in 1897, under the Western Australian State law.

2. From the concluding statement in paragraph 2 of the memorandum addressed by the Acting Under Secretary, Perth, to the Registrar of Pensions in that city, it will be seen that the Attorney-General of Western Australia has approved of the certificate of naturalization prepared in 1897 being issued to Mr D.
3. In this connection, attention is invited to section 33 of the Nationality Act 1920, and to an opinion (copy herewith) given by the Crown Solicitor on 27 July 1917, in the case of an application for naturalization made by E.F.
4. The favour of advice as to the nature of the reply that should be made to the inquiry of the Registrar of Pensions, Perth, would be appreciated.

Section 4 of the Western Australian Naturalization Act 1871 is as follows:

Upon obtaining the certificate and taking the oath hereinafter prescribed, every alien now residing in, or who shall hereinafter come to reside in, any part of the Colony, with intent to settle therein, shall be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to which a natural-born subject is entitled or subject in the Colony.

As stated in the Crown Solicitor's opinion of 27 July 1917, a completed gift of the certificate is necessary to complete naturalization, and, in this case, the certificate has not yet been issued.

In my opinion naturalization has not been effected, and, since the commencement of the Commonwealth Naturalization Act 1903, it has not been competent for the State to issue the certificate.

I am therefore of opinion that D. is not a naturalized British subject.

[Vol. 18,p. 3]