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

• with regard to the statement herein by the Director of Navigation and the report by the Engineer and Ship’s Surveyor in Chief as to unseaworthiness of the ‘St. Louis’, there is apparently sufficient power under the Commonwealth Navigation Act to detain the vessel until she is placed in a seaworthy condition, but before taking such action the favour of advice is desired as to the extent that such action would be justified without coming into conflict with any international law.

2. It is desired that the matter be treated as very urgent.

The power taken by section 210 of the Navigation Act 1912–1920 is analogous to that provided in section 462 of the Merchant Shipping Act 1894. In both cases it is specifically stated that the power may be exercised in regard to foreign ships.

I know of no provision of international law opposed to the general principle that persons of foreign nationality and their property within the Commonwealth must comply with, and be subject to, the laws of the Commonwealth.

In the case in question I am of opinion that there is no reason arising out of international law why section 210 should not be fully applied if it is thought desirable to do so.

[Vol. 22, p. 140]