The Secretary, Home and Territories Department, forwards the following memorandum for advice:

In a communication in this Department relative to the status of a lady who had lost her Australian nationality through marriage with a foreigner, reference is made to sections 10 and 11 (Part III) of the British Nationality and Status of Aliens Act 1914. The question seems to depend upon whether Part III is in force in the Commonwealth.

I shall be glad to be informed whether this part of the Act applies to the Commonwealth.

The terms of the British Nationality and Status of Aliens Act 1914 make it clear, I think, that that Act is intended to apply to the Dominions, except in so far as there is an express provision to the contrary. Section 9 of the Act provides that Part II of the Act shall not apply to any of the Dominions specified in the Schedule unless the Legislature of that Dominion adopts it.

As there is no similar provision in Part III, I am of opinion that that Part applies to the Commonwealth.

[Vol. 15, p. 282]