The question as to which the Minister for Trade and Customs desires advice appears to be whether there is any constitutional difficulty in the way of an Order in Council under the second proviso to section 7 of the Navigation Act 1912 declaring that the carrying of passengers or cargo between Darwin and other Australian ports shall not be deemed engaging in the coasting trade.

I assume that the Order in Council suggested would apply to trade between Darwin and all ports in all the States of Australia. On that assumption, I am of opinion that there is no constitutional difficulty, because such an order would not give preference to one State or part thereof over another State or part thereof within the meaning of sec-tion 99 of the Constitution.

[Vol. 12,p. 310]

1. This Opinion is unsigned in the Opinion Books,but it is attributes