The Minister for Trade and Customs:

The Collector of Customs for the State of Queensland in a letter to the Comptroller-General dated 5 September 1902 asks:

With reference to the attached file, I beg that you will advise me what action is to be taken in future when dutiable goods are found concealed on board vessels, and the identity of the offender cannot be established.

In cases where an alien member of the crew can be identified as having concealed dutiable goods, is he to be taken on shore and prosecuted without reference to the Immigration Restriction Act? See Crown Solicitor's letter of 13 May.

The Minister for Trade and Customs forwards the papers to me for advice.

With respect to the first question my opinion is that the proper action is to seize the goods as forfeited. If thought necessary the Collector can proceed to condemnation of the goods by action in rem, but in ordinary cases this would be unnecessary.

The second question is a question of policy. I suggest that the Department of External Affairs be communicated with in any case in which a prosecution is thought desirable.

[Vol. 2, p. 285]