The British ship G. W. Wolff, registered at Swansea in the United Kingdom, was wrecked at Hummock Island ⁽¹⁾ Bass Strait, on 8 August 1912. The master and crew proceeded to Melbourne and reported the wreck to the Collector of Customs at that port.

No further action appears to have been taken with regard to this wreck, until this year, when application was made by Mr A.B.C. of Burnie, Tasmania, for permission to take possession of and remove the wreck.

The Comptroller-General of Customs has forwarded the papers for advice as to the powers (if any) of the Commonwealth in this matter.

The Commonwealth has certain powers under sections 65, 66, 67 and 148 of the Customs Act with reference to wrecks, but these powers relate to the collection of duty on goods landed from wrecks, and in the present case these powers appear to have been exercised.

Pending the coming into operation of the Commonwealth Navigation Act, I do not think that the Commonwealth has any powers to deal with wrecks.

Section 523 of the Imperial Merchant Shipping Act 1894 provides that Her Majesty and Her Royal successors are entitled to all unclaimed wrecks found in Her Majesty's dominions except in places where Her Majesty or any of Her Royal predecessors has granted to any other person the right to that wreck.

No rights under this section appear to have been granted to the Commonwealth.

The remaining sections of the Merchant Shipping Act relating to wrecks deal with wrecks in the United Kingdom.

In my opinion, the Commonwealth has no power to take possession of or deal with the wreck, and consequently has no power to authorise any person to take possession of or deal with the wreck.

[Vol. 15, p. 250]

(1)Presumably Three Hummock Island.