His Excellency the Governor of the State of New South Wales has written to His Excellency the Governor-General asking for advice as to whether the instrument ap-pointing him to be the Deputy of the Governor-General for the purposes of the Extra-dition Act 1903 and the Imperial Extradition Acts extends to the Lieutenant-Governor of the State when acting as the Governor's Deputy only and also as to whether a Deputy has power to appoint a Deputy.

The papers in relation to the matter have been referred by the Secretary to the De-partment of External Affairs to me for advice.

In my opinion, the instrument of delegation would extend to the Lieutenant-Governor of a State when acting as the Governor's Deputy if the Governor was absent from the State and the Deputy was actually administering the government of the State in his absence.

I am of opinion, however, that the instrument would not extend to the Deputy when acting in a limited capacity while the Governor was merely absent from the seat of government of the State.

As a general rule, a Deputy can only act under a direct authorisation of the person for whom he is to act as Deputy, but an instrument of delegation may be so worded as to cover the case of a Deputy of a Deputy.

If the instrument of delegation were addressed, in addition to His Excellency, his successors and to the persons for the time being administering the government of the State, to all persons acting as the Deputy of the Governor for the time being of the State during any temporary absence of the Governor from the seat of government of the State, it would be effective to enable the Governor's Deputy to act for him in all matters of extradition.

[Matter omitted.]

[Vol. 11, p. 65]