The Acting Comptroller-General of Customs has forwarded for advice the following memorandum received from the Collector of Customs, Queensland:

With reference to the Minister's delegation of his powers under section 288 of the Navigation Act 1912-1919 'to the person for the time being holding or acting in the position of Collector of Customs for the State of Queensland', as per instrument of delegation received with T. & C. memorandum No. 329 of 10 January, will the Director please advise whether the above wording would cover a case where the Collector or acting Collector is absent on leave and empower the next senior officer who carries out the Collector's duties, but not under actual appointment as acting Collector, to act as the delegate.

He would sign official communications 'for Collector' or (Collector's name) per (his own name).

Advice is also sought as to the position with respect to the duties under the same Act of a Superintendent during the absence of the Sub-Collector of an outport.

In the above connection reference is made to the provisions of section 20 of the Acts Interpretation Act 1901.

In my opinion, the delegation by the Minister is only to the person for the time being actually appointed to the position of Collector of Customs for the State of Queensland either permanently or in an acting capacity, and does not extend to a person who is not so appointed, but is merely performing the duties of the Collector during the temporary absence of the Collector.

As regards the second question raised by the Collector of Customs, Queensland, the position is not quite clear.

By section 6 of the Navigation Act 1912-1919 'Superintendent', at ports where no mercantile marine office has been established, is defined as the Collector.

'Collector' is defined as the Chief Officer of Customs at any port.

There appears to be nothing in the Navigation Act or the Customs Act to indicate who are Chief Officers of Customs at outports.

The officer of Customs in charge at an outport appears, however, to be the Sub-Collector of Customs at the port and during his absence the next senior officer would probably carry out the duties of the Sub-Collector.

While it is, I think, clear that the Sub-Collector is a Chief Officer of Customs within the meaning of the Navigation Act and to that extent the instructions issued to Collectors of Customs are a correct interpretation of the Act, I am doubtful whether an officer merely performing the duties of the Sub-Collector during the Sub-Collector's absence is such a Chief Officer.

In order, therefore, that the duties of Superintendent may be carried out during the absence of the Sub-Collector from an outport, it would, I think, be advisable for an officer at the outport to be appointed a Chief Officer of Customs for any period during which the Sub-Collector is absent.

[Vol. 16, p. 392]