The Comptroller of Repatriation has forwarded for opinion the following memorandum:

I enclose herewith copy of a letter received from Major A.B.C, Comptroller of the A.I.F. Garrison Institutes and Canteens, regarding the collection of funds on returning troopships in aid of war widows and orphans, and asking whether section 21 of the Australian Soldiers' Repatriation Act would apply to such collections outside the Commonwealth.

It would appear that section 21 of our Act does not provide for the manner in which funds already raised are to be expended, and in any case it is questionable whether the Department has any jurisdiction outside the Commonwealth.

I should be glad of your opinion as early as possible to enable me to reply to Mr C's letter.

Major C.'s letter, omitting formal parts is as follows:

In May last when in Sydney, I ascertained that at the instance of a chaplain, Major D., London, subscriptions were being sought from returning soldiers on troopships in aid of war widows and orphans, and that the means of obtaining money was largely from the refunds of a penny for each empty aerated water bottle bought from the canteen under my control. (Our practice is to refund one penny on the return of each bottle to the canteen and the men were asked to contribute this amount for the above purpose.)

Officers commanding troopships improperly ordered our canteen sergeants to carry out this practice, and, as in many cases the troops properly resented this innovation, it naturally brought our canteens into discredit. That however, was of far less importance than the mischievous influence on the minds of the men by the mean conception of a fund which asked them for pennies to aid the widows and orphans of their fallen comrades.

It must certainly have suggested to their minds that the promises of the Government in regard to repatriation were of little value or effect.

I communicated with the Defence Department and instructions were at once cabled to London stopping this practice. It then transpired that the Commandant, A.I.F. Headquarters, London, was unaware of the practice which was initiated by the chaplain without authority. I also instructed my officers in Sydney to send to me all amounts collected on troopships on above account, and I hold £112.19.8, proceeds of collections on seven vessels.

I understand that there is an agency of the Joan of Arc Fund in Sydney and the Citizens War Chest Fund Committee still hold some moneys collected on troopships on their behalf. I have asked the Honorary Secretary of that Fund to pay such amounts over to me and I will take the responsibility of any action the Joan of Arc Fund may choose to take.

Although the collections on this account on troopships have terminated, there are funds, as indicated above, on hand, the proceeds of collections some months ago. Similar collections were made on a large number of vessels.

I am not clear whether such fund comes within the provision of section 21 of the Australian Soldiers' Repatriation Act. The moneys were raised outside the Commonwealth, but they are proposed to be expended here, and if the above section applies, I would be glad to be so informed.

Section 21 of the Australian Soldiers' Repatriation Act 1917-1918 provides as follows:

Subject to this Act no person shall, without the approval in writing of the Commission or a State Board (proof whereof shall lie upon the person), invite subscriptions or raise money by any means whatsoever for any patriotic fund or any fund in relation to the war. Covering section 5 of the Constitution provides that 'the laws of the Commonwealth shall be in force on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth'.

Section 21 of the Australian Soldiers' Repatriation Act 1917-1918 would, therefore, be in force on a transport if the transport were a British ship whose first port of clearance and whose port of destination are in the Commonwealth, but it is a question of fact in respect of each voyage whether a transport is or is not such a British ship (see Merchant Service Guild of Australasia v. Commonwealth Steamship Owners Association 16 C.L.R. 664). I think , however, that it is very improbable that a transport engaged in carrying troops from England to Australia would come within the provisions of covering section 5 of the Constitution.

As regards the question whether section 21 of the Australian Soldiers' Repatriation Act 1917-1918 provides for the manner in which funds already raised are to be expended, I presume that by the words 'funds already raised' is meant funds raised in places in which the Act is not in force but brought to Australia for distribution. In my opinion there is no power given by section 21 or any other provision of the Act to control the expenditure of those funds.

[Vol. 16, p. 279]