The Secretary Prime Minister's Department has forwarded me the following memorandum for advice:

With reference to my [memorandum] of 29 June 1921, and your [memorandum] of 30 June 1921'", which was followed by the making of the Navigation Act Suspension Ordinance 1921 of the Territory of New Guinea, I shall be glad to be advised whether since the passing of that Ordinance, the Navigation Act or any part of it has been a law of the Territory of New Guinea, and, if so, whether it has been capable of enforcement.

I shall be glad to be advised at your early convenience, as it may become necessary to consider whether an amendment of the Act in its application to the Territory of New Guinea is necessary. The Navigation Act contains no general provision extending its operation to New Guinea.

By virtue of section 7 of the Act vessels trading between ports in the Territory of New Guinea are in the Commonwealth deemed to be engaged in the coasting trade.

For the reason that the Act does not, as a whole, apply to New Guinea, vessels so trading* cannot, so long as they remain in waters outside the operation of the Act, be forced to comply with the coasting trade provisions of the Act.

The position outlined above was altered upon the promulgation of the Laws Repeal and Adopting Ordinance 1921 of New Guinea. That Ordinance applied to the Territory the Navigation Act 1912-1920 so far as applicable. The result then was that so much of the Act as was from time to time proclaimed to commence operated in New Guinea.

The coasting trade provisions having been proclaimed and being, it is assumed 'applicable', were accordingly operating and enforceable in the Territory.

On 7 July 1921 the application of the Act by virtue of the above-mentioned Ordinance was suspended until a date to be proclaimed (Navigation Act Suspension Ordinance 1921).

The position now is the same as that first mentioned above, viz. the Act does not operate in New Guinea although certain acts committed there are in the Commonwealth regarded as offences.

[Vol. 18, p. 495]