The Prime Minister:

The Premier of New South Wales has referred to the Prime Minister a request by the Attorney-General of New South Wales that the Federal Government should arrange to defray the expenses of maintenance and supervision of the prisoner A.B., now in gaol for an offence against the Commonwealth Distillation Act 1901, and also of other prisoners who may be convicted of offences against the laws of the Commonwealth.

The matter is referred to this Department with the following minute by the Secretary, Department of External Affairs:

The Prime Minister will be pleased to have the opinion of the Attorney-General on the question raised herein.

Sir Edmund Barton invites attention to section 120 of the Constitution and remarks that in his opinion it would be as reasonable to ask payment for the time of the police in capturing and the judges and court officers in trying offenders against these laws as to make the request now made.

He adds that if this claim is acceded to it may be followed by others of the character indicated.

In my opinion there is no obligation on the Government of the Commonwealth to make such provision as is suggested. The States are under a constitutional obligation to 'make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences'. They have no claim against the Commonwealth for any part of the expenses incurred in carrying out this obligation.

[Vol. 3, p. 3]