Opinion Number. 280

Subject

ACQUISITION OF LAND WHETHER COMMONWEALTH HAS POWER TO AUTHORISE REGISTRATION BY STATE OFFICERS OF INSTRUMENT OF ACQUISITION

Key Legislation

PROPERTY FOR PUBLIC PURPOSES ACQUISITION ACT 1901, s. 61

Date

There appears to be no doubt that-whether action under section 61 of the Property for Public Purposes Acquisition Act 1901 would be enforced by mandamus or not-it is a perfectly valid enabling provision, with which it is lawful for the State Recorder to comply. Cf. a number of American authorities as to the power of Congress to confer authority on State officers: e.g. Kentucky v. Dennison 24 How. 108; Levin v. U.S. 128 F.R. 826; Taylor v. Taintor 16 Wall. 370; Ex parte Virginia 100 U.S. 339; Ex parte Siebold 100 U.S. 387; Ex parte Clarke 100 U.S. 399.

It is probable that if the Recorder's attention were directed to this aspect of the question, and he were informed of the course adopted in other States, he would on reconsideration see that he has the power to register the document and that in the usual spirit of harmonious co-operation between State and Commonwealth he would adopt a similar course.

[Vol. 6, p. 75]

(1) This opinion was endorsed 'I agree with this opinion' by Mr. Groom, Attorney-Geeral.