The Collector at Port Darwin has reported to the State Collector, South Australia, that his department has been inconvenienced through the absence of two of his officers on jury service. The State Collector is advised by the Crown Solicitor, South Australia, that there is no law exempting Customs officers from service on juries.

The papers are forwarded to me with a minute by Sir George Turner (acting for the Minister for Trade and Customs) asking: 'if there is any power to include a clause in some Bill to exempt'.

In my opinion the power to make laws with respect to matters relating to Commonwealth Departments (Constitution, section 52), together with the 'incidental' power (section 51 (xxxix)) clearly include power to enact the exemption of Commonwealth officers from jury service.

I may point out, however, that it may be possible to meet this particular case without recourse to legislation. The Northern Territory Jury Act 1894 (S.A. No. 601), though it does not exempt any persons by reason of their holding a public office, enables the Governor by regulation to make exemptions. If any serious inconvenience arises from the liability of the Customs officers to service, probably representation to the State Government would lead to an exemption being declared.

[Vol. 3, p. 279]