It appears that the Fremantle Harbour Trust undertake the discharge of goods

(which are under the control of the Customs) from vessels, and their delivery into wharf sheds under the management of the Trust.

The Trust has been asked to enter into a security bond in respect of cargo in these sheds, but has been advised by its own solicitors and by the State Crown Law Officers not to enter into such a bond, and has been directed accordingly by the State Colonial Secretary. It therefore declines to enter into a bond.

The Comptroller-General has suggested that the permission to land dutiable goods at the wharves is revocable, and that if the security be not given the Department might well withdraw such permission.

The Minister for Trade and Customs asks for advice as to the rights and powers of the Department in the matter.

In view of sections 4,15 (c), 16, 17, 18 and 75 [Customs Act 1901], I am of opinion that the appointment of any wharf can at any time be cancelled or subjected to limitations, by proclamation, or the appointment of a sufferance wharf can be cancelled by the Minister by Gazette notice.

It must not however be inferred that I am expressing any opinion whether anything of that sort should or should not be done.

[Vol. 4, p. 487]