On 1 February 1910 the Attorney-General advised⁽¹⁾ that The Survey Fees Ordinance of 1909 of Papua came within section 41, paragraph (2), of the Papua Act and that as it did not contain a suspending clause the Lieutenant-Governor had no power to assent and that his assent thereto was invalid and of no effect.

On 17 March 1910 the Secretary to this Department advised⁽²⁾ that reservation of the Ordinance by the Lieutenant-Governor for the Governor-General's assent should precede that assent.

The Lieutenant-Governor has written suggesting that the Governor-General's assent should be obtained as soon as possible and that the Ordinance be validated by a Federal Act as soon as the Parliament meets.

The Minister for External Affairs has caused the papers to be submitted to me-

1. for advice as to whether the despatch of the Lieutenant-Governor amounts to a reservation of the Ordinance for the Governor-General's assent;
2. if the despatch does not amount to a reservation, to frame a form of words which will so amount; and
3. for advice whether the Legislative Council of Papua could not pass an Ordinance having a retrospective effect, so as to avoid the necessity of having recourse to the Federal Parliament.

As regards question (a), I am of opinion that there is nothing whatever in the despatch to amount to a reservation of the Ordinance for the Governor-General's assent.

As regards (b), any form of words by which the Lieutenant-Governor states that he reserves the Ordinance for the Governor-General's assent would be sufficient. But I would suggest the following if the reservation is not written on the Ordinance itself: 'I reserve The Survey Fees Ordinance of J 909 for the Governor-General's pleasure'; and if the reservation is written on the Ordinance itself: 'I reserve this Ordinance for the Governor-General's pleasure'.

As regards question (c), I am of opinion that the Legislative Council of Papua could pass an Ordinance having a retrospective effect. If an Ordinance giving a retrospective effect to The Survey Fees Ordinance of 1909 is passed it should be reserved for the Governor-General's pleasure.

[Vol. 7, p. 427]

(1) Opinion No. 367.

(2) Not published [Vol. 7, p. 393].