A.—6

84

The Commonwealth Nationality Act, 1920-1922, conforming to the: British Act, confers ou the Governor-General similar powers of revocation, and provides that the corresponding inquiries shall be, held by a committee presided over by a person who is or has been a Justice of the High Court of Australia, or a Judge: of a Supreme Court of a State, or the officer holding the principal judicial office in a territory, or by the, High Court erf Australia. The classes of persons thus e!esignate:ei as competent to preside over a committee of inquiry hold offices in the Commonwealth which correspond to those named in the British Act. It has been found, however, that in remote parts of the Commonwealth it is sometimes very difficult to arrange: for a president qualified under this section. To facilitate the holding of inquiries, the, Commonwealth Government desires to amend the section to provide that a committee of inquiry may be, presided over by a judge of a District Court or of a County Court (these being Courts the jurisdiction of which is inferior to that of the Supremo Courts, and which sit in parts of the Commonwealth not visited by Judges of tho Supreme Courts) or by a Special or Stipendiary Magistrate—that is, a Magistrate having professional qualifications who sits in a Court of minor jurisdiction. Before making this amendment it is elesircd to have, the concurrence of the Governments of the other parts of the Empire which have adopted the scheme of Empire naturalization. (b.) Readmission to British Nationality of British-born Women married to Aliens. The British Nationality and Status of Aliens Act, 1914, Part II of which has been adopted by the Commonwealth Nationality Act, 1920-1922, provides that a certificate of naturalization shall not be granted to any person under " disability," the definition of which term includes " the status of being a married woman." This provision has, in the Commonwealth, resulted in the infliction of considerable hardship upon certain women of British birth who have married aliens and been deserted by them, but who are nevertheless not eligible: to reacquire their former British nationality. As an illustration, the case may bo cited of a woman born in England who emigrated to South Australia, where, in 1885, she married a German. In 1912 her husband deserted her and returned lo Germany. Since his departure, he has not written to her, not sent her money, and she has lrad to esarn a living as best she could. She was the mother of ten children. The eldest son served in the Light Horse in the late war, and returned to Australia a cripple. In .1920 the woman had a paralytic stroke and was ill for a considerable time, and partially lost her memory. Fourteen of her male' relations, including sons, grandsons, and nephews, served in the late war, and three of them were killed, yet this woman is not entitled to the privileges of a British subject. Other women of British birth marrieel to aliens have also been deserted by their husbanels or be:en separated from them and have been precluded from exercising privileges which they enjoyed prior to marriage. In this connection attention is invited to the war-time, provision of the British Act, and the, corresponding section 18 (3) of the Commonwealth Nationality Act, 1920-1922, which permit of the readmission of married women to British nationality where the husband is a subject of a State at war with His Majesty. Although this provision is applicable only during war-time, it establishes a principle which it is thought might with advantage be extended to British-born women in meritorious cases at all times. The Commonwealth Government desires to ascertain whether the Imperial Government and the Governments of the Dominions which have adopted Part II of the British Act would be agreeable to an amendment which would confer upon British-born women the right of reacepuiring British nationality in cases where they have lost such nationality through marriage with aliens and have been deserted by their husbands. In this connection it is pointed out that if the power under section 5 (2) of the British Act (and section 10 (2) of the Commonwealth Nationality Act) to grant naturalization in special cases to " minors," who are as a class subject to the same general " disability " as " married womejn," were extended to cover " married women of British birth," all requirements would be met. (c.) Naturalization of Residents of " B " and " C " Mandated Territories. The Permanent Mandates Commission of the: League of Nations, at its session in August, 1922, adopted for submission ter the Council of the League a resolution that mandatory Powers to which " B " and " C " mandated territories have: be:en entrusted might make arrangements, in conformity with their own laws, for the individual acquisition of their nationality by inhabitants of these; territories. The Commonwealth Government is advised that under the existing law British nationality cannot be acquired by residents (not being in the service of the Crown) of mandated territories. It accordingly suggests that the British Act should be amended so that residence in a " B " or " C " mandated territory should count as residence in His Majesty's dominions for the purpose of qualifying by residence for naturalization. When the British Act has been amended, a corresjjonding amendment can be made in the Commonwealth Act. Prime Minister's Department, Melbourne, 26th July, 1923. PART 2. GRANT OF NATURALIZATION TO PERSONS RESIDENT IN MANDATED TERRITORIES. Joint Memorandum prepared in the Home Office and Colonial Office. The Commonwealth Government have asked that the question of amending tho British Nationality and Status of Aliens Act, 1914, so as to permit of the grant of naturalization to persons resident in mandated territories may be brought before the Imperial Conference. It is understood that the Commonwealth Government have in mind Imperial naturalization, and the amendment which they suggest is one to tho effect that residence in " B " or " C " mandated territories should count as residence in His Majesty's dominions for the purpose of qualifying by residence for naturalization.