The Secretary to the Federal Executive Council has forwarded the following memorandum asking for advice:

In the absence of the Governor-General the Vice-President of the Executive Council or the next senior Minister present is authorised to preside at meetings of the Executive Council. This authority carries with it the duty of signing the Executive Council Minutes. It occasionally happens that Orders and Regulations form part of certain Executive Council Minutes, but it has not been the practice for the Vice-President of the Executive Council or the senior Minister, as the case may be, to sign such Orders or Regulations, although the Vice-President of the Executive Council or the Minister, as the case may be, has signed the Minute authorising such Order or Regulation. In cases of this character it has been the practice to obtain the signature of the Governor of the State of Victoria, or the Chief Justice, who are empowered during the absence of the Governor-General from the seat of Government to act as the Governor-General's deputy.

Will the Secretary, Attorney-General's Department be good enough to furnish me with an opinion as to whether it is really necessary to request the State Governor or the Chief Justice, as the case may be, to sign Orders and Regulations which have been approved by the Executive Council under the presidency of the Vice-President or senior Minister, as the case may be.

The Secretary to the Federal Executive Council has since forwarded to me a copy of the authority under which the Vice-President of the Executive Council or senior member presides at meetings of the Federal Executive Council at which the Governor-General is not present.

The authority has, in my opinion, the effect of making the Vice-President or senior member when acting under it, the deputy of the Governor-General under section 126 of the Constitution.

I do not, therefore, think that it is legally necessary to submit to the State Governor or Lieutenant-Governor (as deputy of the Governor-General) for signature Orders and Regulations the making of which has been approved by the Executive Council at which the Vice-President or senior member has presided in pursuance of the authority above referred to.

At the same time, it appears to be very desirable that Orders and Regulations should be so submitted, the delegation to the State Governor and the Lieutenant-Governor being more general than the delegation to the Vice-President or senior member.

[Vol. 15, p. 275]