The Secretary, Department of Defence, has asked for advice on the following question:

1. Whether the A.I.F. is legally serving under the Army Act without qualification, or
2. Whether under the Army Act save so far as it is inconsistent with the Defence Act.

I am of opinion that, in view of the amendment of section 55 of the Defence Ac⁽¹⁾, the Australian Imperial Force is subject to the Army Act save so far as it is inconsistent with the Defence Act.

[Vol. 15, p. 203]

(1) By section 4 of the Defence Act I915, which added, after the words ‘while on active service’, the words ‘whether within or without the limits of the Commonwealth’ and which, by sub-section (2), gave the amendment retrospective effect to 1 August 1914.