I understand that recently some members of the crew of the s.s. Biloela which was discharging coal in the Northern Territory declined to supply steam to enable the winches to be worked, and as a consequence the vessel could not be unloaded.

The s.s. Biloela is a fleet auxiliary and belongs to the Royal Australian Navy, though not a commissioned ship. She is registered at Sydney under the Merchant Shipping Act, and her master and crew are under articles of agreement under (I presume) the Navigation Act. I have endeavoured, without avail, to obtain a copy of the articles, and this advice is given without regard to the terms of those articles.

The Biloela is not subject to the Navigation Act as she is a ship belonging to the Commonwealth Navy within the meaning of section 3.

I am asked to advise whether the Department can land the crew at Darwin and place a naval guard on board, leaving the crew to find their way back to their home port.

In my opinion, assuming that the work which the members of the crew declined to do was a lawful order-and I assume that the Department is satisfied that it was, otherwise the recent proceedings would not have been commenced-the Department is entitled to treat the refusal of the men to work as a repudiation of their agreement entitling the Commonwealth to treat the agreement as at an end. The Commonwealth is, therefore, entitled to discharge from the ship any members of the crew who refuse to work, and to place a naval guard on board.

If the men who refused to work have been employed and/or paid wages since the refusal, it might be contended that the breach had been waived. In that case, it would be well to order them again to do the work-and in the event of their refusal to take the action above referred to.

[Vol. 19, p. 40]