The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:

With reference to the exemption provided for in section 3, paragraph (j), of the Immigration Act 1901-1912, I shall be glad to be advised whether a member of the crew of a foreign warship who deserts while his vessel is in port in Australia, may be regarded as having ceased to be a member of the crew and as having thereby forfeited the benefit of the exemption referred to.

The exemption in question is as follows:

3. The immigration into the Commonwealth of the persons described in any of the following paragraphs of this section (hereinafter called 'prohibited immigrants') is prohibited, namely-

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But the following are excepted:

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(j) the master and crew of any public vessel of any Government;

In order to be entitled to the benefit of the exception, the person must be in fact a member of the crew of the vessel. Where a person deserts from his vessel,he has, in my opinion, ceased to be within the meaning of the exception 'member of the crew' of the vessel, even though he may be liable to be arrested and placed on board the vessel.

[Vol. 15, p. 414]