The Comptroller-General of Customs has forwarded me the following memorandum for advice:

Section 111 of the Navigation Act provides for the entry in the official log of the offences against discipline, absence without leave without reasonable cause, or desertion. Section 115 of the Navigation Act provides that the fines inflicted may be deducted in certain cases. Regulation 18 of the Navigation (M. & S.) Regulations, Statutory Rules 1922, No. 34, provides that:

18 (1) The following regulations for maintaining discipline are approved for insertion, at the joint will of the master and seaman, in agreements entered into in Australia:

1. If, on account of subsequent good conduct, the master desires to reduce or remit any fine imposed on a member of his crew in accordance with the provisions of this regulation, he may, subject to the approval of the superintendent, make an entry in the official log to that effect, and upon the indorsement of the entry with the approval of the superintendent the fine shall thereupon be reduced or remitted accordingly.
2. A fine imposed on a seaman under any of these Regulations, duly embodied in his agreement, shall be deducted by the master or owner from his wages, and shall, at the time of his discharge, be paid to the superintendent in accordance with section 115 of the Act.

The question has been raised as to whether, in view of the Navigation (M. & S.) Regulation 18 a master is justified in making an entry in the official log inflicting in the first instance a forfeiture of one day's wages only, either with or without the approval of the superintendent.

Will the Secretary be so good as to advise on the question raised as a ruling on this matter would be appreciated.

Regulation 18 permits certain fines to be specified in the agreement in relation to certain respective offences. Such insertion cannot be made in the agreement except with the consent of both master and seaman.

Section 111 requires that if the offence of absence without leave is committed or if any act of misconduct is committed for which the offender's agreement imposes a fine an entry of the offence or act shall be made in the official log-book.

Section 115 relates to acts of misconduct for which the agreement imposes a fine and provides that the fine may be deducted from wages and paid to the superintendent if (inter alia) the entry in the log-book required by the Act is proved to the satisfaction of the superintendent.

It appears from the wording of section 115 that the fine is regarded as being imposed by the agreement not by the master. The function of the master is to make an entry of the act of misconduct in the log-book. Paragraph (a) of section 111 makes no reference to punishment but requires an entry in the log-book of the 'offence or act'.

I incline to the view that the master has no authority to impose any fine other than that specified in the agreement and I am confirmed in the view by the fact that regulation 18 makes special provision for cases in which the master desires to remit or reduce a fine.

[Vol. 19, p. 12]