The Secretary, Postmaster-General’s Department, has forwarded the following memorandum to me for advice:

With reference to the Northern Territory Aboriginal Ordinance No. 9 of 1913, the Home and Territories Department has drawn attention to the fact that Part IV of that Ordinance does not permit of the exemption of any person from the provisions of the Ordinance in regard to the employment of aboriginals. In the circumstances will you kindly advise whether the word ‘person’ mentioned in that Part includes a Commonwealth Department, i.e. whether this Department is required in terms of that Part to take out a licence to employ aboriginals on the overland telegraph line between Adelaide and Darwin and pay the prescribed fees.

The rule that the Crown is not bound by a statute unless expressly mentioned or unless it appears by necessary implication that it was intended to bind the Crown is a rule of construction, the object of which is to give effect to the intention of the legislature. If it appears clearly that the intention was that the Crown should be bound, effect is given to this rule by so holding. (King v. Sutton 5 C.L.R. p. 795).

It is not expressly provided in the Ordinance that the Crown shall be bound nor is there any necessary implication to that effect.

I therefore advise that the Department is not bound to comply with the provisions of Part IV of the Ordinance.

[Vol. 21, p. 323]