The Prime Minister asks to be advised whether the Commonwealth has power, under the Constitution, to take over from the States the pilot services.
The Commonwealth Parliament has power to make laws with respect to-

1.   trade and commerce (including navigation and shipping) with other countries and among the several States (section 51 (i), 98);
2. the acquisition of property on just terms from any person or State for any pur-pose in respect to which the Parliament has power to make laws.

In my opinion, the Commonwealth Parliament has power to make laws with respect to pilots and pilotage, and to establish a Commonwealth pilot service. It also has power to acquire, on just terms, any existing property or plant.
Whether the Commonwealth could take over the existing State pilot services as they stand-with the officers, etc.-is a more difficult question. I am inclined to think that it could-but would not like to express a definite opinion in the absence of detailed information as to the constitution of the pilot services in the different States, and the State laws relating thereto.
[Vol. 5, p. 23]