The Secretary to the Treasury has referred the following memorandum to me for opinion:

With reference to section 6 of the Commonwealth Public Service Act 1911 which reads as follows, I shall be glad if the Secretary will please advise whether the wording [emphasised] constitutes a special appropriation in each case:

'6. Section seventy-one of the Principal Act is repealed and the following section inserted in its stead:-

"71.-(1) When an officer has continued in the Public Service at least twenty years, the Governor-General may grant to him on the recommendation of the Com-missioner leave of absence for a period not exceeding twelve months on half pay or six months on full pay. Where an officer not having been granted such leave of ab-sence retires from the Public Service after at least twenty years' service, the Governor-General on the recommendation of the Commissioner may grant such officer six months' pay upon retirement, or upon the death of any officer who has continued in the Public Service for at least twenty years and has not been granted leave of absence under the provisions of this section, the Governor-General on the recommendation of the Commissioner may pay to the dependents of such deceased officer a sum equivalent to six months' salary of such officer. Provided that where an officer has been reduced in position or salary through misconduct, such misconduct shall be taken into consideration in determining whether the whole or any portion of the prescribed leave of absence may be granted or in the event of retirement or death of an officer whether payment may be made under the conditions prescribed herein and as to the terms of such payment."

"(2) Where any person has become transferred from any position of a perma-nent nature in the Naval or Military Forces of the Commonwealth or of a State to the Public Service of the Commonwealth either directly or through the Public Ser-vice of the State, his service in the Naval or Military Forces shall for the purpose of furlough be reckoned as service in the Public Service." '

I am of opinion that the words [ emphasised] in the memorandum do not constitute a special appropriation.

[Vol. 10, p. 321]