Plenary customs competence supports ancillary extraterritorial enforcement measures needed to combat smuggling and uphold seizure powers.

A legislature with plenary competence over customs may enact ancillary enforcement provisions with extraterritorial effect, including boarding, examination, seizure and forfeiture measures needed to prevent smuggling. The Privy Council examined the scheme in light of international law, Imperial and Dominion practice, and the British North America Act, and held that Dominion customs competence was not cut down by an implied territorial limitation where the legislation was directed to effective customs control. The provisions were therefore within legislative competence, and the seizure and forfeiture regime was upheld as valid.

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Issues: Whether the Dominion Parliament had competence to enact customs provisions authorising boarding, examination, seizure and forfeiture of vessels and goods found hovering beyond the ordinary territorial limit, including within twelve marine miles of the Canadian coast for Canadian-registered vessels.

Analysis: The legislation was examined in the light of international law, Imperial and Dominion legislative practice, and the British North America Act. A State may, for fiscal and similar purposes, legislate with effect beyond the ordinary territorial limit in relation to its own vessels and coastal waters. Where the Dominion Parliament is competent to legislate on customs under the constitutional distribution of powers, that competence is not cut down by a further implied restriction that would prevent it from adopting provisions of the kind long familiar in customs law and designed to make anti-smuggling measures effective. The statutory scheme here was directed to customs enforcement and did not raise any question of interference with foreign vessels beyond what the law permitted.

Conclusion: The provisions were within legislative competence and the seizure was valid.

Final Conclusion: The appeal succeeded, the contrary decision was set aside, and the customs seizure and forfeiture regime was upheld.

Ratio Decidendi: Where a legislature has plenary competence over a subject such as customs, it may enact ancillary extraterritorial enforcement provisions necessary to make that law effective, unless the enabling constitutional instrument expressly forbids such reach.

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