The file of papers in connection with the appointment of consular representatives within the Commonwealth has been forwarded by the Secretary, Department of External Affairs, who desires advice as to whether the Commonwealth would be strictly within its rights in passing legislation vesting the whole question of consular appointments in the Commonwealth.

Under paragraph (xxix) of section 51 of the Constitution the Commonwealth is empowered to legislate as to 'External affairs'.

It is rather a difficult matter to exactly define what is included in the designation of 'External affairs', but I think that the representation of foreign countries in the Commonwealth falls naturally under the heading of 'External affairs'.

This view is strengthened by section 75, which treats matters 'Affecting consuls or other representatives of other countries', as matters of federal jurisdiction.

In my opinion, the Commonwealth has power to legislate on the subject of the appointment of consular representatives within the Commonwealth.

[Vol. 14, p. 127]

1. This opinion was endorsed 'Seen' by Mr Hughes,Attorney-General.