The Chairman to the Repatriation Commission has forwarded for advice the following memorandum:

Under section 13(1) of the Australian Soldiers' Repatriation Act 1920-1921, it is provided that there shall be a Repatriation Board for each State, to consist of three members; and under section 14 (6) a member of a Board shall hold office for a term of two years and shall be eligible for re-appointment. The two years expires on 30 June next, and relative to the consideration of the question of renewing appointments, certain points manifest themselves on which the Commission would be glad to have your advice:

1. What provision (if any) is made for the appointment for a further period seeing that a term of two years is definitely mentioned in section 14 (6)? The addition of the stipulation that the members shall be eligible for re-appointment may, however, have some significance. It is noted in section 10 (1) that reference is made to the first appointment of members of the Commission.
2. For what further period may members of Boards be appointed?
3. If there is power to appoint members of a Board for a further term, must the method of appointment again be in accordance with section 14 (1) and (2)?

Sub-section (1) of section 14 of the Australian Soldiers' Repatriation Act 1920-1921 provides that the Governor-General shall upon the recommendation of the Commission, as soon as conveniently practicable, appoint in each State three persons to be the members of the Board for that State.

Sub-section (1) of section 33 of the Acts Interpretation Act 1901-1918 provides that where an Act confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

Sub-section (6) of section 14 of the Australian Soldiers' Repatriation Act provides that a member of a Board shall, subject to the Act, hold office for a term of two years and shall be eligible for re-appointment.

In my opinion, therefore, the duty imposed upon the Governor-General of appointing Repatriation Boards should be exercised from time to time as the term of office of members of the Boards expires. I am further of opinion that sub-section (6) of section 14 of the Australian Soldiers' Repatriation Act applies to members of a Board who are appointed upon the expiry of the term of office of members first appointed or appointed to fill a vacancy in the office of any of those members.

In my opinion also the appointment of such members should be in accordance with the provisions of sub-sections (1) and (2) of section 14.

[Vol. 18,p. 344]