Opinion Number. 1865

Subject

COMMONWEALTH–STATE ARRANGEMENT
ARRANGEMENT FOR PERFORMANCE OF DUTIES UNDER COMMONWEALTH LAW BY STATE OFFICER

Author
Key Legislation

CENSUS AND STATISTICS ACT 1905 s 6(1): PUBLIC SERVICE ACT 1922 s 78

Date
Client
LYONS L.D.

Your memorandum dated 25th August, 1949, states the Governor-General in Council has approved the making of an arrangement under section 78 of the Commonwealth Public Service Act 1922–1948 for the performance of duties by George Henry Cooper in the collection of statistics of retail sales in Western Australia. The memorandum requests advice whether the action taken is sufficient.

This depends on the nature of the duties performed by Mr. Cooper. If the duties are of a general supervisory nature only, then I think the action taken under section 78 of the Commonwealth Public Service Act is sufficient. If, however Mr. Cooper is to perform statutory duties under the Census and Statistics Act, then I think that in order for him to be vested with the necessary authority, a suitable arrangement should be made under section 6 of the Census and Statistics Act. Mr. Cooper would for the purposes of the performance of those duties then be deemed to be an officer under that Act.

Section 6(1) of the Census and Statistics Act reads as follows:

6. (1)  The Governor-General may enter into any arrangement with the Governor of any State providing for any matter necessary or convenient for the purpose of carrying out or giving effect to this Act and in particular for all or any of the following matters:

(a)  The execution by State Officers of any power or duty conferred or imposed on any officer under this Act or the regulations;

(b)  The collection by any State Department or officer of any statistical or other information required for the purpose of carrying out this Act; and

(c)  The supplying of statistical information by any State Department or officer to the Statistician.

If any of the matters in paragraphs (a), (b) and (c) above fall within Mr. Cooper’s duties, I shall be glad if you will particularise them by reference to the relevant sections of the Act or the relevant regulations. Upon receipt of your instructions, the necessary draft Executive Minute will be prepared for the approval of the Governor-General in Council and forwarded to you.