The Acting Secretary, Postmaster-General's Department, forwards the following memorandum for advice:

I beg to refer to the following extracts from opinions forwarded by you on 13.6.06 to the then Postmaster-General, viz:

Extract from minute of 31.9.05 on question under the Commonwealth Franchise Act: 'Recommend to advise that half-castes are not disqualified, but that all persons in whom the aboriginal blood preponderates are disqualified'.

The Attorney-General minuted on this: 'I think this is reasonable and should be followed'.

Extract from minute of 30.9.05 on question under the Immigration Restriction Act 1901 re 'European descent': 'Submitted. My view is that the words "European descent" having reference to race and not to nationality, the test should be the preponderating blood-and that in cases of the half blood the person charged is entitled to the benefit'.

The Attorney-General minuted on this: 'I think the course suggested is reasonable and should be followed'.⁽¹⁾

2. Subsequently you expressed the opinion that the principle of the foregoing opinions was applicable in the interpretation of the words 'white labour' in section 16 of the Post and Telegraph Act.⁽²⁾
3. I shall be glad if you will kindly advise me whether the opinions are confined to half-caste aboriginals or if they would be applicable to other half-castes, such as half-caste Chinese as regards section 16.

Section 16 of the Post and Telegraph Act 1901-1916 reads as follows:

1. No contract or arrangement for the carriage of mails shall be entered into on behalf of the Commonwealth unless it contains a condition that only white labour shall be employed in such carriage.
2. This condition shall not apply to the coaling and loading of ships at places beyond the limits of the Commonwealth.

I think the principle of the opinions quoted, in its application to the interpretation of the words 'white labour' in this section would apply, not only to half-caste aboriginals, but also to other half-castes such as half-caste Chinese.

[Vol. 18, p. 156]

(1)These minutes by Mr (as he then was) Garran and endorsements by the Attorney-General[Vol.5,pp.77 and 78 respectively] were not published in Vol. 1.

(2)Opinion not found.