The Comptroller-General of Customs has forwarded the following memorandum asking for advice:

The Premier of New South Wales has made representations to the Commonwealth that regulations should be framed prohibiting the discharge of refuse from vessels within a distance of at least three miles from the entrance to the Sydney and Newcastle Harbours, and the matter is referred to you for the favour of advice in regard to the following points:

1. Whether power to frame such a regulation is contained in the Quarantine Act; and
2. Whether there would be any objection on other grounds to making regulations prohibiting the discharge of refuse from vessels within any given distance of a coast line.

Section 87 of the Quarantine Act 1908-1915 provides, inter alia, that the Governor-General may make regulations for regulating the discharge from vessels of any water, ballast or refuse.

In general a power to regulate an act does not include power to prohibit the performance of the act. In the present case, however, I think the power to regulate the discharge of refuse from vessels would include power to prohibit its discharge at specified places, or within specified limits.>

It would, however, not be competent by regulation to make it an offence to discharge refuse at any place outside the territorial waters.

[Vol. 15, p. 206]