The Minister for Trade and Customs:

The Minister for Trade and Customs asks:

Customs Act-What is the proper mode of waiving a forfeiture of goods following on a conviction (see section 262)?

Section 262 of the Customs Act provides that:

Where the committal of any offence causes a forfeiture of any goods the conviction of any person for such offence shall have effect as a condemnation of the goods in respect of which the offence is committed.

The Act gives no power to waive a forfeiture, though section 264 provides that:

All penalties and forfeitures recovered under any Customs Act shall be applied to such purposes and in such proportions as the Minister may direct.

These words seem wide enough to empower the Minister to restore the forfeited goods; but as the forfeiture of goods following on a conviction is one of the penalties incurred for a breach of the Act, and the remission of penalties is properly a part of the prerogative of mercy, and the Governor-General's Instructions (paragraph VIII) authorise him to remit fines, penalties and forfeitures, in my opinion the proper mode of waiving the forfeiture is to obtain the consent of the Governor-General to the remission of the forfeiture.

[Vol. 2, p. 425]