With reference to the attached letter from Mr A.B.C. of the Registrar-General's Department, Perth, forwarding for consideration a draft War Legitimation Bill, I desire to inform you that the constitutional powers of the Commonwealth are not sufficiently wide to permit of the enactment of a valid law in the wide terms suggested by Mr C.

The principal powers of the Commonwealth in relation to infants are contained in paragraphs (xxi) and (xxii) of section 51 of the Constitution, as follows:

1. Marriage:
2. Divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants.

In addition no doubt the Commonwealth has power to enact legislation for the protection of the children of soldiers, but whether to the extent of legitimating them is doubtful.

The Bill drafted by Mr C. however, proposes to give power to legitimate every child born after the declaration of war. In addition, it proposes to give-

1. to any child legitimated under the Bill, all the rights of a child born in wedlock; and
2. to the issue of any such child who has died or may hereafter die, the same real and personal property which would have accrued to the issue if the parent had been born in wedlock.

I think these provisions are obviously beyond the powers of the Parliament of the Commonwealth, and, in addition-as regards paragraph (b)-it is impossible to foresee how far-reaching would be its retrospective effect.

Seeing that the Department of Defence is to some extent concerned as regards the issue of soldiers, I suggest that it might be advisable to refer the papers to that Department for remarks.

[Vol. 15, p. 327]