The Secretary, Prime Minister's Department, desires to be advised whether the Commonwealth Government has power to take control of all funds being raised for war purposes.

Under paragraph (vi) of section 51 of the Constitution the Commonwealth Parliament has power to legislate with respect to the naval and military defence of the Commonwealth and of the several States, and by paragraph (xxxix) of that section is given power with regard to matters incidental to the execution of any power vested by the Constitution in the Parliament or the Government of the Commonwealth.

The care and welfare of the sailors and soldiers, while on active service or when returned from active service, or of their dependants is a matter which is, I think, incidental to the efficient naval and military defence of the Commonwealth, and the funds to which such large sums have been subscribed relate to the care and welfare of the sailors and soldiers and their dependants.

In my opinion, the Commonwealth Parliament has power to enact legislation empowering the Commonwealth to take control of all funds being raised for war purposes.

[Vol. 14, p. 189]

1. Date in Opinion Book incomplete.