The Treasurer:

The Auditor-General has forwarded to the Secretary to the Treasury the following observation upon the accounts of the House of Representatives:

On Voucher B/69, included in this Reimbursement, Sir M. D. McEacharn was paid as a Member of the House of Representatives for the period 16/31st December, viz. £17.4.1.

As it is understood the Melbourne election has been declared void, will this and subsequent payments to Sir M. D. McEacharn as Member under the late election be repaid?

The Treasurer asks to be advised whether Sir Malcolm McEacharn is bound to refund the amount.

Sir Malcolm McEacharn's election having been declared void, it follows that he was not a member of the House during the period mentioned, and was not entitled to the amount paid him by way of allowance. In my opinion he is bound to refund the amount, which was paid under a mistake of fact.

[Vol. 4, p. 165]