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

The majority of the wireless installations on ships employed on the Australian coast have been supplied by the Amalgamated Wireless Ltd, under hire agreement. Under this agreement the ship is required to employ a wireless operator supplied by the Company.

It is alleged that the Company gives employment only to such persons as have been trained in certain wireless schools in which it is interested, and that as a result properly certificated operators with active service experience in the Navy and on transports are practically debarred from following their occupation.

Section 29 of the Navigation Act provides, inter alia, that no person, other than a superintendent, a seamen's inspector, or the owner, master, mate or engineer of a ship, shall engage or supply a seaman or apprentice to be entered on board the ship. This section is proclaimed to come into operation on 1 February next.

I shall be glad to be advised as to whether, after that date, the supply by the Amalgamated Wireless of the operators to be employed on ships equipped with wireless installations under its control will constitute a breach of the section.

'Seaman' is defined in section 6 as meaning every person employed or engaged in any capacity on board a ship, except masters, pilots and apprentices and persons temporarily employed on the ship in port.

Section 231 requires that ships of a certain class shall be provided with wireless operators and watchers. Such operators 'employed or engaged' on board a ship are covered by the definition of 'seaman' and section 29 applies in relation to the engaging and supply of those persons to be entered on board a ship.

I am of opinion that after the commencement of section 29, wireless operators, if they are to be entered on board a ship, must not be supplied by any person other than one of the persons specified in that section.

[Vol. 18, p. 209]