The Secretary, Department of Home Affairs, refers for advice a letter received by the Commonwealth Electoral Officer, Adelaide, from the solicitors of Mr J.H.S. Olifent, Secretary of the United Labour Party, informing him that Mr Gregor McGregor, a duly nominated candidate for the Senate election, had died on 13 August, and requesting him, in pursuance of section 108 of the Electoral Code 1908 (South Australia) by public notice to countermand the poll.

The request appears to be founded on an opinion by Mr E.E. Cleland K.C., the text of which was published in the Adelaide papers on 17 August 1914.

Mr Cleland's view is that there is nothing in the Commonwealth Electoral Act which is inconsistent with section 108 of the State Electoral Code so far as concerns the case where the remaining candidates are more than the number required to be elected; that consequently the Federal Parliament has not made 'other provision' for the case within the meaning of section 10 of the Constitution; and that section 108 of the State Code applies.

I do not agree with Mr Cleland's view.

In my opinion the Commonwealth Electoral Act makes complete provision for Senate elections, thus making 'other provision' which supersedes the application of the Electoral Code altogether.

Under section 106 of the Electoral Act, the election stands adjourned to polling day, and it is the duty of the electoral officers to proceed with the election.

[Vol.13,p.9]