The Comptroller-General of Customs forwards the following memorandum for advice:

In connection with certain recommendations for the absolute or partial prohibition of importation of certain goods, the Luxuries Board has expressed the opinion that for the purpose of giving effect to those recommendations, the powers of prohibition embodied in the Customs Act are insufficient, and that action would need to be taken under the War Precautions Act.

1. The Board has forwarded a draft of proposed Regulations to be made under that Act (copy attached).
2. The Board's recommendations are in some cases for absolute prohibition of importation, and in others the proposed prohibition would-
1. limit the quantity of specified goods which may be imported during a prescribed period by any importer to a prescribed percentage of the quantity imported by him during the preceding financial year. (The word 'quantity' in this sub-clause may represent a percentage of value or weight or other suitable unit);
2. prevent the importation of goods of a specified kind if of an invoice value above a prescribed limit.
   
3. I am directed to ask that you will be good enough to advise whether any, and if so what, action other than action within the present powers of the Customs Act would be necessary to carry out the Board's recommendations.

In my opinion the provisions of the Customs Act with regard to the prohibition of imports are sufficient to enable effect to be given to the recommendations of the Board for the absolute or partial prohibition of the importation of certain goods.

I think that a proclamation prohibiting the importation of the goods specified, except to the extent proposed would be valid. But probably a simpler and more effective form of proclamation would be the usual proclamation prohibiting importation without the consent of the Minister, accompanied by a Ministerial statement of the extent to which, and the circumstances under which, consent would be given.

[Vol. 15, p. 248]