The War Service Homes Commissioner has forwarded for advice the following memorandum:

An application has been received from a returned soldier in Papua requesting the Commissioner to erect a home for him in that locality. The opinion of the Attorney-General is desired as to whether the Commissioner has power under the above Act to provide homes for eligible applicants resident in Papua, and as to whether the condition of land tenure in that locality will permit the Commissioner to take the prescribed security for any assistance provided under the Act.

The War Service Homes Act 1918-1919 does not apply to Papua (Papua Act 1905, section 7).

The question, however, arises whether, notwithstanding the non-application of the Act to Papua, the power of the Commissioner under section 19 of the War Service Homes Act enables him to sell a home to an eligible person in Papua.

The power of the Commissioner under section 19 is 'subject to the Act' and, whilst most of the conditions of sale prescribed by the Act could, I think, be included in the contract of sale and would probably be enforceable in Papua under the contract, there are certain conditions such as those contained in sections 33 and 35 of the Act which would obviously have no effect in Papua even though incorporated in the contract of sale.

I am, therefore, of opinion that the Commissioner has not power under the Act to provide homes for eligible persons resident in Papua.

The first question being answered in the negative, it is unnecessary to consider the second question.

[Vol. 16, p. 339]