The Director of Quarantine has forwarded the following memorandum for advice:

The Victorian State Parliament has passed an Act dated 24 August 1914, No. 2511 (an Act to further amend the Health Act 1890), in which certain amendments are made to the existing health legislation. Paragraph 3 of this amending Act reads as follows:

[In section one hundred and thirty-five of the Principal Act after the words 'Sanatorium at Cut-Paw-Paw' there shall be inserted the words 'or at Coode Island or at Point Nepean'.]

The effect of this amendment is threefold:

1. Persons may be sent to the Sanatorium at Cut-Paw-Paw or at Coode Island or at Point Nepean;
2. Such persons shall be kept therein until released by order of the Victorian State Board of Health or of the Victorian Governor-in-Council;
3. Such person may be accompanied by any relative or friend who may desire to nurse or take care of him.

This Act is to a certain extent in conflict with the provisions of the Commonwealth Quarantine Act.

In the first place, the quarantine station at Point Nepean has been transferred to the Commonwealth and is gazetted as a quarantine station under the Quarantine Act, section 13 (1) (c), and the term 'Sanatorium' would not appear now to apply to this station. The effect of the section of the State Act would be that persons could be removed under a State Act to a Commonwealth property, and be presented for reception at a station under Commonwealth jurisdiction administered under a Commonwealth Act. Further, all releases from the quarantine station are regulated by the provisions of the Quarantine Act, but the provisions of the State Act require releases by order of the Board or of the Governor-in-Council of the State of Victoria. Similarly, the State Act grants permission to relatives to accompany patients to the station, regardless of the legal powers in this respect possessed by Commonwealth officers under the Quarantine Act.

I have been verbally assured that the object of this section was merely to provide that section 135 of the Victorian Health Act of 1890 should become effective, for the Sanatorium at Cut-Paw-Paw ceased to exist some years ago, and it was necessary to effectively deal with the hiatus so created. Accordingly the section was amended by adding 'Coode Island or Point Nepean', but while this verbal assurance may be so far satisfactory yet the possibility of conflict appears to be considerable, and I should be glad if you would advise me as to the position created by this amending Act. I enclose for your information a copy of the amending Act in question.

It appears that the quarantine station at Point Nepean has been transferred to the Commonwealth, but that the station at Coode Island has not yet been transferred. As regards Point Nepean, this station now being the property of the Commonwealth, in my opinion, the State has no power to legislate regarding the purposes for which the station is to be utilised.

As regards Coode Island, however, this station not having been transferred, it is still the property of the State and the State has, in my opinion, power in any valid legislation to provide as to the purposes for which the station may be utilised, within the scope of its quarantine and health powers of legislation.

In my opinion the Victorian Health Acts Amendment Act 1914 is of no effect so far as it relates to the Point Nepean station only.

[Vol. 14, p. 87]