The Consul-General for France has written to the Commonwealth Government calling attention to the Declaration of 23 October 1889 between France and Great Britain for the salvage of shipwrecked vessels.

All the Australian States have adhered to the Declaration.

The Declaration provides (inter alia) that operations relative to salvage shall as regards French ships be under the direction of French Consuls-General, Consuls, Vice-Consuls, or Consular Agents.

The Consul-General has requested the Commonwealth Government to call the attention of the State Governments to the Declaration and to inform them of his desire that instructions be given for carrying out the Declaration. He most particularly wished the State Governments to forbid any person, not in the possession of a signed delegation from the consular authority, to participate in the salvage operations of a French vessel.

The Minister for Customs desires my opinion as to whether there is any provision under the Customs Acts, the navigation laws of the States, or the Merchant Shipping Act, which would empower the Customs to enforce the forbidding of any person, not in the possession of a signed delegation from the consular authority, to participate in the salvage operation of a French vessel.

The Merchant Shipping Act 1894 does not in my opinion confer any authority on the Customs in relation to salvage operations.

The Customs Act 1901 only deals with wrecks so far as is necessary to protect the revenue.

Under some State Acts certain powers in relation to wrecks have been conferred on Customs officers. For instance, in Western Australia the Collector of Customs is, by statute, the Receiver of Wreck in that State, but in that capacity he is a State officer and not a Commonwealth officer. The Receiver of Wreck and other officers exercising powers under State Acts are not subject to the direction of the Commonwealth authorities in relation to the exercise of those powers.

I am of opinion that the Acts mentioned do not empower the Customs to enforce the forbidding of any person, not in possession of a signed delegation from the consular authority, to participate in the salvage operations of a French vessel.

I see no reason why Customs officers should not be instructed to inform the French Consul when the wreck of a French vessel comes to their notice.

[Vol. 5, p. 58]