The Comptroller-General of Customs has submitted the following questions for advice:

1. Can a warrant be issued under the Navigation Act for the apprehension of a seaman who has deserted from his vessel?
2. If so, is it obligatory upon the master to lay the information or can this be done by the owner or agent of the vessel?
3. If a warrant cannot be issued under the Act what is the correct procedure?
4. Is it necessary for the copies of the agreement and of the entry in the log-book, relative to the deserter, to be verified by the Superintendent of Mercantile Marine?

The questions are answered as follows:

1. The Navigation Act makes no specific provision to the issue of warrants for the arrest of offenders. The Act creates the offence of desertion-see section 100. State law regarding the arrest and custody of offenders against Commonwealth law is applied by section 68 of the Judiciary Act. It appears that application for the warrant was made to the Clerk of Petty Sessions, who is not the authority invested by State law with power to issue such a warrant. Application should have been made to a Justice of the Peace.
2. It is not obligatory upon the master to lay the information. Any person may institute proceedings in respect of an offence against the law of the Commonwealth (Crimes Act, section 13) and I am unable to find in the Navigation Act any

provision excepting offences against that Act from the application of section 13 of the Crimes Act.

1. As indicated above the procedure relating to the issue of warrants is governed by State law.
2. The section [section 106] provides for the admission of verified copies. I think the requirement would be met by a certificate appended to, or endorsed on, the copies, made by the person who made the copy or who compared it with the original, to the effect that the copies are true and correct.

[Vol. 19, p. 8]