The Secretary to the Treasury has requested advice in connection with a request made on behalf of A.B.C. for payment to C. of portion of the fine imposed on D.E. for an offence against regulation 16 of the War Gratuity Regulations as the result of proceedings instituted by C.

There is no provision in the War Gratuity Acts 1920 or the Regulations thereunder, and there appears to be no other law of the Commonwealth by which C. would be entitled to payment of portion of the fine.

In the absence of any express provision giving the person suing the right to receive the fine or portion thereof, I think that the fine should be paid into the Consolidated Revenue Fund (see Bradlaugh v. Clarke (1883) 52 L.J.Q.B. 505).

In my opinion, therefore, C. is not entitled to receive any portion of the fine.

[Vol. 19, p. 31]