The Comptroller-General of Customs has requested advice as to whether there is sufficient authority under the Customs Act 1901-1916 to prevent the trans-shipment at Commonwealth ports of goods emanating from ex-enemy countries.

There appears to be no express provision in the Customs Act 1901-1916 giving power to prohibit the trans-shipment of goods.

Section 31 of the Act, however, provides that all goods on board any ship or boat from parts beyond the seas shall be subject to the control of the Customs whilst the ship or boat is within the limits of any port in Australia; and section 33 provides that no goods subject to the control of the Customs shall be moved, altered or interfered with except by authority, and in accordance with the Act. The word 'authority', in section 33, means authority of the Commonwealth: R. v. Sutton 5 C.L.R. 789.

Under section 52 of the Act, the importation of goods from ex-enemy countries may be prohibited by proclamation, and under section 33 such goods could, I think, then be prevented from being trans-shipped in any Commonwealth port.

I am, therefore, of opinion that there is sufficient authority under the Customs Act 1901-1916 to prevent the trans-shipment at Commonwealth ports of goods emanating from ex-enemy countries.

[Vol. 16, p. 296]