The following memorandum by the Chief Electoral Officer has been referred by the Secretary, Department of Home Affairs to me for advice:

Section 2 of the Referendum (Constitution Alteration) Act 1912 No. 2 provides inter alia that-

'(1) If within eight weeks after the passage of the proposed law through both Houses there is forwarded to the Chief Electoral Officer-

1. an argument in favour of the proposed law, consisting of not more than two thousand words, and authorised by a majority of those members of both Houses of the Parliament who voted for the proposed law; or
2. an argument against the proposed law, consisting of not more than two thou-sand words, and authorised by a majority of those members of both Houses of the Parliament who voted against the proposed law,

the Chief Electoral Officer shall, within two months after the expiry of those eight weeks, and not later than one week after the issue of the writ, cause to be printed and posted to each elector, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution.'

I shall be glad of legal advice as to-

1. the documentary evidence which the Chief Electoral Officer should receive in order to enable him to satisfy himself that the arguments forwarded to him in each case are author-ised by a majority of the members who voted for or against each proposed law;
2. whether the pamphlet referred to in the above section comes within the purview of section 181AA of the Commonwealth Electoral Act, and, if so-

1. whether the members authorising the argument in favour of or against each pro-posal, as the case may be, are required to sign the document under the provisions of that section; or
2. whether one of such members, or some other person authorised by the members to prepare the document, may sign it as author.

NOTE. It may not always be possible to print and issue the pamphlet provided for by section 2 of the Referendum (Constitution Alteration) Act 1912 No. 2 relating to a proposed law, before the date of the issue of the writ for the referendum in respect to such proposed law.

The section of the Referendum Act referred to in the memorandum as incorporated in the principal Act is 6A.

To enable the Chief Electoral Officer to include any argument in the pamphlet he must be satisfied by evidence that the argument has been authorised by a majority of members who voted for or against the proposed law as the case requires.

This could be done by the argument being signed by each member who authorised it. But this is not essential; it is sufficient if the argument is presented by some person who has authority from the requisite majority to present it. Any member could give the requisite authority by letter signed by him.

If the argument, or the presentation of an argument, were authorised at a meeting of members, I think that a certificate signed by the Chairman stating the names of the members authorising it would be sufficient.

The Chief Electoral Officer can himself determine whether the persons authorising an argument are members and whether their number amounts to a majority of the members who voted for or against the proposed law.

I do not think that section 181AA of the Electoral Act was intended to apply to a document specially provided for by an Act of Parliament and required to be officially circulated for the information of electors. I think however, that it is desirable that each argument should be signed by or on behalf of all the members authorising it.

I am of opinion that the questions asked should be answered as follows: (1) (a) the argument itself signed by the members authorising it; or

1. signed authorities sufficient to show that the argument is authorised by such members; or
2. in the case of a meeting, authority given by a certificate by the Chairman cer-tifying to the authority given and the names of the members giving the authority.
1. No.

[Vol. 11, p. 15]