I have the honour to acknowledge receipt of a letter dated 27th March, 1944, from the Military and Official Secretary to Your Excellency transmitting a copy of a proposed law passed by the Senate and the House of Representatives of the Commonwealth entitled Constitution Alteration (Post-war Reconstruction and Democratic Rights) 1944 and communicating to me Your Excellency’s desire that I should peruse and advise upon the measure.

I have the honour to advise Your Excellency that Your Excellency’s powers under section 58 of the Constitution arise only upon the presentation of a proposed law to Your Excellency for His Majesty’s assent. The proposed law in the present instance cannot properly be presented to Your Excellency for His Majesty’s assent unless and until it has been submitted to the electors and approved by the majorities specified in section 128.

The question, therefore, of reserving the proposed law for His Majesty’s pleasure to be made known is, at this stage, still hypothetical. I have the honour, however, to advise Your Excellency that, in my opinion, there is nothing in the Constitution which would require Your Excellency, when the proposed law is presented to Your Excellency for His Majesty’s assent, to reserve the proposed law for His Majesty’s pleasure to be made known.

I have the honour further to advise Your Excellency that, without expressing a concluded opinion on the matter, I do not think section 58 of the Constitution can apply at all to a proposed law for the alteration of the Constitution under section 128. If this view is correct, it would appear not to be necessary or proper for me to advise whether, in my opinion, Your Excellency should, in pursuance of the second paragraph of section 58, recommend any amendments to the proposed law.

Your Excellency may, however, think fit to invite further advice on this matter if and when the proposed law is presented to Your Excellency for His Majesty’s assent.

[Vol. 36, p. 68]