The Assistant Minister (Senator Russell) has approved of the reference to me for advice of the papers in relation to the enforcement of penalties imposed in the various States of the Commonwealth for offences against the compulsory enrolment provisions of the Commonwealth Electoral Act.

Generally the Judiciary Act applies to the enforcement of penalties imposed for offences against the laws of the Commonwealth. New South Wales appears to be the only State in which penalties cannot be recovered by distress.

It is of the utmost importance that the law should not be treated with contempt, and I am therefore of opinion that in cases where the persons who have been convicted are able to pay the penalties imposed the provisions of the State laws should be carried into effect. In cases where persons are, through some misfortune, unable to pay fines which have been inflicted the circumstances should, in my opinion, be taken into account before the alternative of committal to gaol is enforced.

If those circumstances disclose that any such person is acting in a defiant manner there may be some justification for enforcing the alternative, but in cases where the person who has been convicted does not appear to be contumacious but is through misfortune or poverty quite unable to pay the fine, the papers should I think be referred to this Department with a view to the Governor-General being invited in those cases to remit the penalty.

[Vol. 13, p. 380]