Opinion Number. 188



Key Legislation

CUSTOMS ACT 1901. s. 27 : HEALTH ACT OF 1900 (QLD). s. 103

The Comptroller-General of Customs

With reference to my opinion of 19 July 1904(1), the Comptroller-General of Customs asks to be further advised:

  1. Whether the State Act of Queensland (i.e. the Health Act of 1900) is operative in regard to:
    1. tea imported direct into that State or
    2. tea transferred from another State, and if so to what extent?
  2. Whether, if not operative at present, a proclamation under section 27 of the Customs Act could not make it so?
  1. These are questions of State law, which, so far as the papers show, do not appear to have arisen in connection with the administration of the Customs.
    If section 103 (the section as to which the question arises) is operative as suggested, it can only be acted upon by the State officers mentioned in the section-i.e. a State inspector or medical officer of health, or other officer authorised in that behalf by the local authority or the Commissioner of Public Health.
  2. Under the circumstances, it appears inexpedient at present to advise on the question. I may however refer to Mr Attorney-General Deakin's opinion of 16 July 1903 (2)in the case of essences of wine (referred to in my previous opinion).

  3. I do not think that this is a case to which a proclamation under section 27 of the Customs Act 1901 would apply. Such a proclamation would not alter the fact that the execution of the State Act requires action by certain specified officers of the Health Department of the State-and would not, for instance, compel an importer to permit the Customs to take samples which the Act requires him to permit a Health Officer to take.

[Vol. 4, p. 308]

(1)Opinion No. 186.

(2)Opinion No. 143.