The Secretary, Department of Defence, has asked for advice upon the matter referred to in the following minute:

With reference to the Regulations promulgated in Statutory Rule No. 29 of 1911 rela-tive to the landing of troops from foreign men-of-war and transports, and to the appoint-ment of State Governors to be the Deputies of the Governor-General in accordance with Part I of the Regulations.

The Governor of South Australia (to whom a communication was issued by the Governor-General, Lord Dudley, authorising him to act as the Deputy of the Governor-General in the State of South Australia, with respect to granting permission to land armed

parties from foreign men-of-war and transports for the purpose of firing salutes, and to land unarmed men for shore leave exceeding 100 in number) states that the Law Officers of South Australia advise him that a new commission should be issued by each succeeding Governor-General.

The Minister will be glad to be advised as to whether this is correct-copy of draft form of commission prepared by you and issued by Lord Dudley is attached-and if so, whether the form of commission can be altered to obviate the necessity for the renewal of the commission by each succeeding Governor-General.

By the Letters Patent constituting the Office of Governor-General the Queen auth-orised and empowered the Governor-General, subject to any limitations expressed or directions given by the Queen, to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part of the Commonwealth, and in that capacity to exercise, during his pleasure, such of his powers and functions as the Governor-General might deem it necessary or expedient to assign to him or them; provided that the appointment of such a Deputy or Deputies should not affect the exercise by the Governor-General himself of any power or function.

In my opinion the power of appointing a Deputy or Deputies conferred on the Governor-General by the Letters Patent is a personal one, and cannot be exercised by one Governor-General so as to bind his successor in office.

[Vol. 11, p. 423]