The Secretary to the Department of External Affairs has asked for advice as to whether the Commonwealth has power to relieve a Justice of the Peace of his office.

The advice is required in connection with a complaint received in relation to a Jus-tice of the Peace in the Northern Territory.

Justices of the Peace residing in the Northern Territory at the time of its transfer to the Commonwealth and entitled to exercise jurisdiction therein are, by section 9 of the Northern Territory Acceptance Act 1910, continued in office under the Common-wealth on the same terms and conditions as they held office under the State.

The Commonwealth can exercise the powers of the Crown in relation to all Justices having jurisdiction in the Northern Territory by virtue of section 9.

Justices of the Peace in Australia are ordinarily appointed to hold office during the pleasure of the Crown. This is provided for in the Royal Instructions.⁽²⁾

Assuming that the Justice in question was appointed during pleasure, his appoint-ment could be cancelled at any time by the Governor-General without cause.

I understand that it has been the practice, in the absence of conviction or proved misconduct, to allow a Justice, whose continuance on the Commission of the Peace is considered undesirable, to resign his office.

[Vol. 11, p. 43]

(1)Date in Opinion Book Incomplete.

(2) The Royal Instrucation did not so provide,but the serveral Letters Patent constituting the offices of Governor- General ans State Governor, dated 29 October 1900,contained provision to this effect.