The Minister for Home Affairs:

Mr A.B.C, a native of Sweden, came to Australia in 1886. He became naturalized in South Australia, and subsequently in Western Australia, and is now resident in Sydney, New South Wales.

He has asked the Department of External Affairs to inform him 'What is his present position as a citizen of the Commonwealth?'

The matter has been referred to the Commonwealth Electoral Officer, who in a minute on the subject suggests that persons in the position of Mr C. should be enrolled as electors.

The Minister for Home Affairs refers the matter to me for advice.

It appears to be clear that, prior to Federation, naturalization in a colony only conferred the rights of a British subject within the colony. In my opinion (notwithstanding the contrary opinion of Mr Justice Inglis Clark-Australian Constitutional Law, pp. 96-19102) there is nothing in the Constitution, in the absence of Federal legislation on the subject, to give any effect, outside the limits of a State, to naturalization under the laws of the State.

The Commonwealth Franchise Act 1902 provides that all adult persons, not otherwise disqualified-

1. Who have lived in Australia for six months continuously, and
2. Who are natural born or naturalized subj ects of the King, and
3. Whose names are on the Electoral Roll for any Electoral Division,

shall be entitled to vote at Federal elections.

In my opinion Mr C, when resident in New South Wales, is not a naturalized subject, and is therefore not qualified under that Act.

[Vol. 3, p. 213]