The Chief Electoral Officer has referred to me a memorandum from the Secretary to the Department of Home and Territories relative to the eligibility of members of the Public Service of the Territory to stand for election as member of the House of Representatives to represent the Northern Territory and has added the following minute:

It is presumed that a member of the Public Service of the Northern Territory, being in receipt of pay from the Commonwealth, is not eligible to be a candidate for election as a member of the House of Representatives to represent the Territory, and that as a condition of his eligibility it would be necessary for him to resign from that Service before nomination.

His position in relation to the Service if he were not elected would appear to be a matter for the Minister.

I shall be pleased to know if this view is correct.

In my opinion the view expressed by you is correct. The provisions of section 44 of the Constitution, specifying the disqualifications from being chosen or sitting as member of either House of Parliament, apply, in my opinion, in relation to the election of the member for the Northern Territory. Members of the Public Service of the Northern Territory who desire to stand for election will, therefore, be required to resign from the Public Service.

The question of their reappointment if unsuccessful at the election is one for the administration of the Territory.

[Vol. 19, p. 68]