The Administrator has suggested the amendment of the Licensing Act 1908 of the State of South Australia by the repeal of section 28 and the substitution of a new section.

The Minister for External Affairs has raised the question whether an Ordinance can repeal or amend a section of an Act of Parliament. The papers have been referred to me for advice.

Section 7(1) of the Northern Territory Acceptance Act 1910 is as follows:

All laws in force in the Northern Territory at the time of the acceptance shall continue in force, but may be altered or repealed by or under any law of the Commonwealth.

Section 5 of the Northern Territory (Administration) Act 1910 provides that:

Where any law of the State of South Australia continues in force in the Territory by virtue of section seven of the Northern Territory Acceptance Act 1910, it shall, subject to any Ordinance made by the Governor-General, have effect in the Territory as if it were a law of the Territory.

and section 13 (1) of the same Act provides that:

Until the Parliament makes other provision for the government of the Territory, the Governor-General may make Ordinances having the force of law in the Territory.

In view of the provisions of section 5 of the Northern Territory (Administration) Act 1910, quoted above, I am of opinion that the Governor-General has power by Ordinance to repeal or amend any law of the State which continues in force in the Territory.

[Vol.13, p. 282]

1. This opinion is unsigned in the Opinion Book,but it is attributed to Mr Garran.