Senator Pearce, for the Attorney-General, asks advice on the questions raised in the following memorandum:

Will you please advise me in respect to the lands granted to the Commonwealth at Jer-vis Bay by the State of New South Wales, what are the powers of the Commonwealth in

respect to such land, and whether the acquisition of sovereign rights by the Common-wealth is necessary for the carrying out of Commonwealth purposes. Also as to whether if the State Government grants to the Commonwealth proprietary rights over the three miles of water adjoining the lands granted to the Commonwealth in Jervis Bay, and also the whole of the waters of St George's Inlet the Commonwealth would be in the same pos-ition as regards the lands granted.

The effect of the grant of land, whether above or below high-water mark, to the Commonwealth, will in my opinion be to give the Commonwealth the full rights of a proprietor of the land, and also the powers of disposing of the land, etc., conferred by the Lands Acquisition Act 1906. The rights will be superior to those of an ordinary pro-prietor, because the State will have no power of resumption except by consent of the Commonwealth.

The Commonwealth will also have exclusive legislative power with respect to the places acquired, by virtue of section 52 of the Constitution. This section which has been the subject of interpretation by the High Court does not in my opinion prevent State criminal law and jurisdiction from running in the property; but it does in my opinion prevent any possible interference by the State with any Commonwealth operations in connection with the land or use of the land.

But the main strength of the Commonwealth position lies in its powers to make laws with respect to defence, and matters incidental thereto, and the fact that that power is plenary, and that laws made in pursuance of it are paramount. The Com-monwealth therefore has power to provide naval training, etc., and to prevent any in-terference, by a State or person, with its operations.

I therefore think that, with proprietary rights over the land and the foreshore and its paramount legislative power in regard to defence and other subjects of Federal con-trol, it is not necessary for the carrying out of Commonwealth purposes that the Com-monwealth should have 'sovereign' or 'territorial' rights over the college site and other lands or the waters adjacent thereto.

I think that a surrender of the territorial rights to the Commonwealth if agreed to by the State, would not only be of no substantial value to the Commonwealth, but would cause administrative difficulties owing to the necessity of providing territorial government for a small and isolated area of Federal territory.

[Vol. 10, p. 39]

1. Date in Opinion Book incomplete.
2. Signed 'per G.S.K.' by Mr Knowles,Secretary to the Representatives of the Goverment in the Senate,Attorney-General's Department.