Opinion Number. 770

Subject

PRIZE
WHETHER RETURNS FROM PRIZE COURTS TO IMPERIAL GOVERNMENT SHOULD BE FORWARDED THROUGH GOVERNOR-GENERAL OR STATE GOVERNORS: CHANNEL OF COMMUNICATION WITH IMPERIAL GOVERNMENT

Key Legislation

CONSTITUTION, ss. 51 (vi), 52, 69: PRIZE COURTS ACT 1894 (IMP.)

Date
Client
The Official Secretary to the Governor-General

The Official Secretary to the Governor-General has forwarded the following memorandum for advice:

Referring to the first paragraph of the accompanying dispatch (No.254 of 21 March 1916), the Governor-General has asked me today whether the 'Return of cases adjudged in the Prize Court in Victoria for the half year ended 30 June 1915', which was sent to the Secretary of State by the Governor of Victoria, should not have been sent by the Commonwealth Government.

Will you kindly enable me to reply to the Governor-General, and at the same time return the dispatch.

The naval and military defence of the Commonwealth is exclusively within the jurisdiction of the Commonwealth. The proceedings in Prize Courts are matters which relate to the naval and military defence of the Commonwealth.

Although the Prize Courts in Australia are the courts of the State and receive their jurisdiction under an Imperial Act, yet as their proceedings relate to matters concerning the naval and military defence of the Commonwealth, in my opinion, all communications with the Imperial Government relating to Prize Courts and their proceedings should be sent by the Governor-General as the head of the Executive Government of the Commonwealth.

[Vol. 15, p. 63]