Opinion Number. 90

Subject

PROHIBITED IMMIGRANT
WHETHER AUTHORITY GIVEN TO COLLECTOR OF CUSTOMS TO AUTHORISE OFFICERS TO DETAIN VESSELS MAY BE EXERCISED BY ACTING COLLECTOR

Author
Key Legislation

ACTS INTERPRETATION ACT 1901, ss. 20, 32 : IMMIGRATION RESTRICTION ACT 1901, s. 10

Date
Client
The Minister for External Affairs

The Minister for External Affairs has given to the Collector of Customs, New South Wales, an authority under section 10 of the Immigration Restriction Act 190 \ to authorise any Customs officer to detain ships. The authority is in the following form:

Melbourne, 8 April 1902

Sir,

I hereby empower you to authorise by writing under your hand any Customs officer to detain any vessel from which any prohibited immigrant has, in your opinion, entered the Commonwealth contrary to the provisions of the Immigration Restriction Act 1901; this power to be used as prescribed in section 10 of the said Act.

I have the honour to be, Sir,

Your obedient servant,

(Signed) Edmund Barton.

The Collector of Customs, Sydney, N.S.W.

The Minister for External Affairs asks to be advised whether this authority may be exercised by the Acting Collector.

I am of opinion that, by virtue of sections 20 and 32 of the Acts Interpretation Act 1901, the above authority may be exercised by the Acting Collector.

[Vol. 2, p. 236]