The Comptroller-General of Customs has submitted the following memorandum to me for advice:

Section 3 of the Navigation Act provides that the Act shall not apply to, inter alia, 'ships belonging to the . . . Navy of the Commonwealth'. The question has arisen as to whether, under this provision, the s.s. Biloela, controlled by the Department of the Navy, is exempted from the provisions of the Act.

2. The Biloela is not a commissioned ship of His Majesty's Naval Forces. She is described in the Commonwealth Navy List as a fleet auxiliary. She is registered under the Merchant Shipping Act, at the port of Sydney, as a British ship, the registered owner, as shown in the Register of Australian and New Zealand Shipping, being the Commonwealth Government.
3. The vessel is officered and manned by merchant seamen, who sign articles of agreement in the ordinary way, and are not, as in commissioned ships, governed by the King's Regulations.
4. When engaged in commercial trading, as she sometimes is, the vessel apparently occupies, in all respects, a position corresponding to that of a ship of the Commonwealth Government Line.
5. As the coasting-trade provisions of the Navigation Act are now in operation, and it is desired to know the position of the vessel as regards the necessity to obtain a licence and to conform to the requirements of the Act as regards accommodation for officers and crew, manning, and payment of wages, I shall be glad if the Solicitor-General will be so good as to favour me with early advice in the matter.

Fleet auxiliaries of the Royal Navy are regarded as part of that Navy although they are neither commissioned ships within the meaning of the Naval Discipline Act nor commanded by commissioned officers. Since 1906 they have been registrable under the Merchant Shipping Act.

The Biloela is I understand engaged primarily as a coal carrier for the Australian Navy. Her position is similar to that of an auxiliary of the Royal Navy and I do not think the fact that she is occasionally engaged in commercial trading affects her status as shown in the Navy List.

I am therefore of opinion that the vessel in question is a ship belonging to the Navy of the Commonwealth.

[Vol.17, p. 477]