The following letter from the Chairman of the Electoral Boundaries Commission in the State of Western Australia has been referred by the Secretary to the Department of Home Affairs to me for advice:

1. I shall feel obliged if you will kindly obtain the advice of your Law Officers upon the following points connected with the position I hold as Chairman of the Electoral Boundaries Commission, and communicate their opinion to me.
1. Section 13 (2) of the Commonwealth Electoral Act provides that I shall hold office during the pleasure of the Governor-General.
2. The Report of the Commissioners-provided for under the 19th section of the same Act-has been forwarded to the Hon. the Minister of State for Home Affairs.
3. Section 20 of the Act provides for such Report being laid before both Houses of Parliament, and I understand that the Federal Parliament will meet not earlier than middle of June next.
4. There is a possibility under the provisions of section 22 that the Minister under certain circumstances may, after the Report has been dealt with by Parliament, direct the Commissioners to propose a fresh distribution.
2. I am anxious to obtain the opinion of the Commonwealth Law Officers as regards my own position under the following circumstances, and what action-if any-will be necessary on my part:
1. I have been granted long service leave by the State Government, and will be absent from the State for a period of 9 months from 10 June next.
2. In view of the provisions of section 14 of the Commonwealth Electoral Act, will it be competent for the two remaining Commissioners to conduct a second redistribution?
3. Can the second Report be submitted to the Hon. the Minister under the signa-tures of the two remaining Commissioners, or will it be necessary to forward the Report to me for my approval and signature? Such procedure, if necessary, would entail a delay of about nine or ten weeks.
3. In view of the fact that the time before my departure is very limited, I shall feel greatly obliged if I may ask you to wire advice and what action, if any, is necessary on my part.

The following minute by the Chief Electoral Officer appears on the file:

Submitted to the Minister for reference to the Attorney-General's Department with a view to obtaining the advice sought.

If either House of Parliament passes a resolution disapproving of any proposed dis-tribution, or negatives a motion for the approval of any proposed distribution, the Min-ister may direct the Commissioners to propose a fresh distribution of the State into Div-isions; and in view of the absence of Mr Sternberg a question arises as to whether it would not be desirable (if not necessary) that another Commissioner should be appointed.

I think that the Act contemplates the work of distributing the State into Electoral Divisions being done by three Commissioners, and that if one Commissioner is absent for any lengthened period and the Commission is called on or likely to be called on to act another Commissioner should be appointed to act as a Commissioner in his place.

The Act makes provision for two Commissioners constituting a quorum, but this provision is, in my opinion, only intended to meet the contingency of a Commissioner not being able to attend a particular meeting.

As the Commissioners hold office during pleasure, the Governor-General can at any time appoint a Commissioner to take the place of any of the Commissioners.

Also, under sub-section (4) of section 33 of the Acts Interpretation Act 1901, the Governor-General can appoint a Commissioner to act in the place of any Com-missioner who is absent.

I am of opinion, therefore, that the following courses are open if any action by the Commissioners becomes necessary during Mr Sternberg's absence:

1. to appoint a new Commissioner in such a form as to supersede Mr Sternberg's appointment; or
2. to appoint a new Commissioner to act as a Commissioner in Mr Sternberg's place during his absence and during the Governor-General's pleasure; and
3. to appoint the Commissioner appointed to act in Mr Sternberg's place during his absence, or one of the other Commissioners, to be Chairman during Mr Sternberg's absence.

I do not think any action by Mr Sternberg is necessary, seeing that he has already notified the Department of his intended absence.

[Vol. 10, p. 105]

(1) Chief Clerk and Assistant Parliamentary Draftsman,Attoreny-General's Department.