The Secretary, Department of Defence, has forwarded notes of a conference on horse breeding in Australia, and has asked for advice on certain paragraphs therein.

The paragraphs upon which advice is desired are I presume particularly paragraphs (2) and (3) which are as follows:

1. That the first step to be taken is to provide for the elimination of unfit stallions, i.e. stallions affected with hereditary unsoundness or defective in type or conformation.
2. That this result can only be achieved by legislation, and that if such legislation be not within the powers of the Commonwealth Parliament steps should be taken to procure the enactment of uniform measures by the Parliaments of the States.

On these paragraphs the Quartermaster General's Department has made the following remarks:

Paras (2) & (3) The measures proposed would certainly prove most advantageous, but presumably it will take some time before the necessary legislation can be enacted. It would be advisable if a decision could be obtained without delay as to whether such legislation comes within the powers of the Commonwealth Government, and if not the different States might be addressed on the subject.

And the Minister has noted the papers as follows:

Paras (2) & (3) Opinion of the Attorney-General to be sought as to the power of the Commonwealth Parliament to legislate upon the question raised, submitting copy of recommendations and agenda paper.

The principal question at issue is whether the Commonwealth can enact valid legislation providing for the elimination of unfit stallions, as a means of improving the general standard of the Australian horse, having special regard to army remounts.

At the outset, I would point out that it is impossible to answer this question in the absence of information as to the scheme of the proposed legislation.

The elimination of unfit stallions is not of itself a subject-matter which comes within the ambit of the legislative powers of the Commonwealth. But legislation designed to effect or assist such elimination might well be within some subject-matter of Commonwealth power, e.g. the power of taxation, payment of bounties, etc.

If an indication of the general scheme of any proposed legislation is given, advice will be furnished as to whether legislation on those lines is or is not within the powers of the Commonwealth.

[Vol. 15, p. 277]