I refer to your memorandum dated 19th August, 1947, asking whether this Department has any objection to a copy of the opinion in question being handed to each member of the Commission, as distinct from its being read to the Commission.¹

The opinion was of course given in the knowledge that it would be supplied to the Commission for its guidance and I see no objection to members of the Commission being supplied with a copy for use as members of the Commission. In other words, the members should regard the opinion as confidential and for use only for purposes directly related to their duties as members of the Commission.

As the opinion was addressed to the Department of Supply and Shipping, I think the views of that Department should be sought also.

Paragraph 9 of the Opinion should, in view of the amendments of regulation 2 to which you drew my attention, be amended to read as follows:

Notwithstanding what I have said above, I think I should state that these views are based simply on the wording of the Regulations. However, the Regulations have been made under the ‘defence’ power of the Commonwealth and the powers of the Commission should be so exercised as not to exceed the limits of the ‘defence’ power. In this connexion, I would invite reference to my memorandum to you, dated 14th February 1947, in regard to the proposal to grant annual leave to seamen. At this late stage in the life of National Security Regulations, it could not be confidently assumed that the High Court would uphold an order of the type contemplated.

[Vol. 37, p. 573]

¹ Opinion No. 1815