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

Sections 294-314 inclusive of the Navigation Act 1912-1920 deal with wrecks within Commonwealth waters. Provision is made for the appointment of receivers of wreck, who are given very wide powers in regard, among other things, to taking charge of wrecks and directing salvage operations.

2. In certain States local legislation already provides for the appointment of receivers and confers on them powers practically identical with those given by the Navigation Act to receivers appointed thereunder.
3. As an example of this, reference may be made to sections 296-299 of the Navigation Act and sections 242-247 of the Marine Board and Navigation Act 1881 of South Australia (44 & 45 Vic. No. 237).
4. I shall be glad to be advised as to whether, when the sections of the Navigation Act referred to are brought into operation, they will override the corresponding provisions of the State Act dealing with the same subject-matter.
5. The advice asked for is required in order that proper instructions may be issued to receivers of wreck who may be appointed under the Navigation Act. The importance of the matter to these officers may be gauged from the fact that under section 299 of the Navigation Act the receiver of wreck is given power to suppress plunder and disorder by force, provision being made that if any person is killed, maimed, or hurt by reason of his resisting the receiver or any person acting under his orders in the execution of his duty, neither of the latter shall be liable to any punishment or to pay any damages by reason of the person being so killed, maimed, or hurt. A very serious position would arise if a receiver, in the course of his duties under the section, killed or injured a man and it was subsequently found that the section of the Navigation Act referred to was invalid and afforded the officer no protection against criminal prosecution and action for damages.

As it is desired to prepare instructions in this matter at an early date, it is requested that the Secretary will be so good as to treat the matter as urgent.

The terms of sections 294-314 of the Navigation Act 1912-1920 are sufficiently wide as to cover, so far as the Commonwealth is concerned, the whole field of legislation relating to wrecks.

The Commonwealth Act is, therefore, impliedly inconsistent with any State Act covering the same subject and by virtue of section 109 of the Constitution the former must prevail.

[Vol. 19, p. 281]