I am asked to advise on the question raised in the following minute by the Chief Electoral Officer:

I desire to request that, as a matter of urgency, the opinion of the Attorney-General be obtained upon the undermentioned matter.

A writ for a By-election for the Division of Kalgoorlie in the State of Western Australia was issued on the 5th instant.

The day fixed for the nomination is the 22nd instant.

The Commonwealth Electoral Officer for the State has forwarded a telegram in re-spect to a nomination, which reads as follows:

is Divisional Returning Officer Kalgoorlie justified in accepting telegraphed nomi-nation of candidate for representatives election under section 208 or otherwise please wire reply urgent.'

Attention is directed in particular to sections 97, 98, 99, 100, 102 and 208 of the Commonwealth Electoral Act 1902-1911.

In view of sections 97 (b), 99 and 101,1 am of opinion that a nomination would not be valid unless the actual nomination paper signed by six persons entitled to vote at the election were received by the Divisional Returning Officer before the hour of nomination.

It is not necessary, however, that the nomination paper itself should be signed by the candidate. Under section 98 the Returning Officer may accept any other form of consent accompanying the nomination paper or received by him from the candidate that he may deem satisfactory.

In my opinion, the Returning Officer would be justified in accepting the telegraphed consent of a candidate if he had no reason to believe that it was not genuine.

[Vol. 12, p. 37]