The Minister for Home Affairs forwards the following case for opinion:

The Constitution Act, section 24, sub-section (i) provides that:

'A quota shall be ascertained by dividing the number of the people of the

Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the senators:'

Sub-section (ii) of the same section provides that:

'The number of members to be chosen in each State shall be determined by dividing the number of the people of the State, as shown by the latest statistics of the Commonwealth, by the quota . . .'

I have obtained from the Premier of each State a Return prepared by each State Statistician of his estimate of the population of his State as on 31 December 1904,

excluding 'Aboriginal Natives and all persons of any race who are disqualified from voting at elections for the more numerous House of the Parliament of the State', and shall be glad to have the advice and opinion of the Attorney-General as to whether the figures thus prepared may be accepted as the latest statistics of the Commonwealth.

As a redistribution of certain States into Divisions is about to take place under the provisions of the Commonwealth Electoral Act 1902, and as one of those States would, on the population figures, be deprived of a representative and another State receive an additional representative, it becomes necessary for the distribution, which must be at once undertaken, that an early decision on the point referred to should be reached.

The expression 'latest statistics of the Commonwealth' is very general and difficult to positively apply, but on the whole I am of opinion that the figures referred to, officially prepared and authenticated as stated by the statistical officers of the several States, may be accepted as the latest statistics of the Commonwealth-but should I think be adopted as such by an Order in Council before being acted upon.

It is of course assumed that they embrace or exclude the classes of persons prescribed by the Constitution.

[Vol. 4, p. 498]