Opinion Number. 692

Subject

WAR PRECAUTIONS WHETHER THERE IS POWER TO MAKE REGULATION PROVIDING FOR DEPORTATION OF PERSONS CONVICTED OF OFFENCES AGAINST WAR PRECAUTIONS LEGISLATION

Key Legislation

WAR PRECAUTIONS ACT 1914, s. 4

Date
Client
The Secretary, Department of Defence

The Secretary, Department of Defence, forwards the following memorandum for advice:

I am directed to invite you to advise this Department whether there is power under the War Precautions Act to make a regulation providing for the deportation from the Commonwealth of a person fined or sentenced to imprisonment for an offence against the War Precautions Act, and in the case of a person sentenced, whether during the currency of the sentence or after its termination.

The Act empowers the Governor-General to make regulations 'for securing the public safety and the defence of the Commonwealth', and particularly with a view to certain specified purposes, the subsequent enumeration of which does not, in my opinion, limit the generality of the preceding words.

In my opinion there is power, under the Act, to make a regulation providing for the deportation of persons convicted under the Act-either before or after the expiration of the sentence.

[Vol. 14, p. 261]