On 11 May last the Crown Solicitor advised that, in an inquiry which he had conducted into the question whether an offence had been committed against the Contract Immigrants Act 1905 in connection with the employment of one A.B.C., facts had come to light which showed a prima facie case for a prosecution under the Act in respect of five workmen who had landed in Australia in July and August 1914.

The Crown Solicitor further advised that as by the law of New South Wales in force at the time these offences were committed prosecutions had to be instituted within six months, it was no longer possible to institute such prosecutions unless section 21 of the Commonwealth Crimes Act 1914 applied to the case; and the Crown Solicitor inclined to the opinion that that section did apply.

The Secretary, Department of External Affairs, has referred the papers for my opinion as to whether the section in question applies.

Section 21 of the Crimes Act 1914 is as follows:

21

1. A prosecution in respect of an offence against this or any other Act or any regulation under any Act may be commenced as follows:-
1. where the maximum term of imprisonment in respect of the offence in the case of a first conviction exceeds six months-at any time after the commission of the offence;
2. where the maximum term of imprisonment in respect of the offence in the case of a first conviction does not exceed six months-at any time within one year after the commission of the offence; and
3. where the punishment provided in respect of the offence is a pecuniary penalty and no term of imprisonment is mentioned-at any time within one year after the commission of the offence.
2. Notwithstanding any provision in any Act or regulation under an Act passed or made before the commencement of this Act and providing any shorter time for the commencement of the prosecution, any prosecution for an offence against the Act or regulation may be commenced at any time within one year after the commission of the offence.
3. Where by any Act or regulation under an Act any longer time than the time provided by this section is provided for the commencement of a prosecution in respect of an offence against that Act or regulation, a prosecution in respect of the offence may be commenced at any time within that longer time.

In my opinion, this section, being a procedure section, applies to the institution of proceedings for offences committed before as well as after its passage.

I think therefore that if a period of twelve months has not yet elapsed since the commission of the offences proceedings may be instituted.

[Vol. 13, p. 459]