FINES AND PENALTIES WHETHER REFUND OF FINE REMITTED BY GOVERNOR-GENERAL SUBJECT TO PARLIAMENTARY APPROPRIATION
CONSTITUTIONS, ss. 81, 83
A. B., steward of the R.M.S. Sonoma, was fined £100 and costs at the Water Police Court, Sydney, in 1903, for attempted smuggling. The fine was paid into Consolidated Revenue.
The Minister for Trade and Customs asks to be advised on the following questions:
- If it be desired to refund part of the fine, what action is necessary on the part of the Customs Department?
- If an amount is to be refunded, could it be legally paid from Treasurer's Advance on executive authority?
My opinion upon these questions is as follows:
- The fine should first be remitted by the Governor-General, under the powers conferred by paragraph VIII of the Royal Instructions, and the amount of the refund should be placed on the Estimates.
- Yes, subject to Parliamentary ratification.
[Vol. 5, p. 237]