The Prime Minister's Department has forwarded for advice papers relating to the candidature at the Culcairn Shire elections of two Australian-born persons of German parentage, Messrs A. and B., both of whom were interned by the Defence authorities during part of the war period on account of reports received of their disloyalty and pro-German influence.

The Premier of New South Wales states that there is considerable unrest on the subject among returned soldiers and civilians in the Culcairn District, and that the soldiers beg the intervention of the Prime Minister under the War Precautions Act, and also a public statement of the reasons for their internment or a public assurance that he has examined those reasons and finds them good and sufficient.

A deputation from the returned soldiers of the District has asked for an interview with the Prime Minister.

Matters relating to municipal elections are normally matters for State legislation and administration and the State Parliament has full jurisdiction over them.

During the war period, Commonwealth Acts and Regulations dealt with the exclusion of voters of enemy origin or descent from Commonwealth elections⁽¹⁾, but did not attempt to interfere with State elections-either municipal or parliamentary.

The War Precautions Act is still in operation, and under it the Governor-General has power to make regulations for securing the public safety and the defence of the Commonwealth.

I think that during the war there was power, under that Act, to take steps for preventing the election to State municipal bodies of persons of enemy origin or parentage. Whether, now that peace has been concluded with Germany (though a state of war still technically exists with the other enemy powers) the powers under the War Precautions Act still exist undiminished during the post-war operation of the Act, or whether they are to some extent affected by the change of circumstances, is a question open to much argument. On the whole, however, I am inclined to think that the Commonwealth still has legal power to deal with this matter by Regulation.

Apart from the strict legal aspect of the question, it may be well to call attention to certain Ministerial statements made in the House during the consideration of the War Precautions Bill 1918.

On 22 November 1918 (Hansard, p. 8246), Mr Groom said: The Government do not desire to extend its provisions in order to initiate new matters of policy, and the power to make new regulations will be exercised only in case of national necessity.

On 4 December 1918 (Hansard, p. 8749), Mr Watt said:

No new policy will be imported into the administration of this Act unless it be under a new, unforeseen, and grave national emergency.

[Vol. 16, p. 425]

(1)The Commonwealth Electoral (War-time) Act 1917-1919 and the Commonwealth Electoral (War-time) Regulations.