The following memorandum by the Secretary to the Department of External Affairs has been referred to me for advice:

Referring to your opinion of 15 May⁽¹⁾ on the subject of the proposed Imperial Naturalization Bill, will you be so good as to supplement your remarks by advising-

1. Whether it will be necessary for an Act of our legislature to be passed to bring the proposed law into force in Australia.
2. If so whether such an Act would, impliedly at any rate, repeal the requirement of 5 years naturalization of section 34 of the Constitution.
3. If so, whether such an Act would be the 'otherwise provision' referred to in the first lines of that section.
4. If such Act would operate to repeal the provisions of the States' Constitutions etc. referred to in the schedule to our despatch to the Governor-General of 23 December 1909.
5. If the provisions of clause 8 of the draft Bill would operate so as to permit the distinctions created by the Acts named in the schedule to remain in force.
6. If not whether the provisions of that clause would permit of such distinctions being re-enacted.

2. Should any further points appear on consideration of these questions the Minister would be glad to receive your opinion regarding them generally as he is anxious to con-clude the discussion of this question as early as possible.

The questions asked should, in my opinion, be answered as follows:

1. No, not as regards portion of it, but yes as regards clause 7.⁽²⁾
2. Any legislation passed by the Commonwealth could be framed in such a manner as not to affect section 34 of the Constitution. I think that the whole Bill, if it became law in its present form, might be construed as not affecting section 34 of the Constitution, but it is not framed so as to make the question free from doubt.
3. I do not think that an Act of the Commonwealth merely to adopt clause 7 would provide otherwise, within the meaning of section 34 of the Constitution. But, if thought necessary, a clause making 'other provision' might be inserted in such an Act.
4. No.
5. Yes.
6. No answer appears to be necessary.

Generally, it may be observed that in my previous opinion no reference was made to the fact that the provisions of section 34 of the Constitution only take effect 'until the Parliament otherwise provides'. This, of course, diminishes the importance of the de-

feet in the wording of clause 8 of the Bill, because the subject-matter of section 34- though now dealt with by the Constitution-may at any time be dealt with by local legislation.

[Vol. 10, p. 103]

(1) Opinion No. 450.

(2)Enacted as section 8 (with variations) of the British Nationality and Status of Aliens Act 1914(Imp.).