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

Section 45 of the Navigation Act provides, inter alia, as follows:

1. Except as prescribed, a member of the crew of a foreign-going ship (whether
   British or foreign) shall not be employed handling cargo or ballast in connexion
   with the loading or unloading of a ship.

   Provided that the regulations shall not allow the employment of the crew of such
   ship in handling cargo or ballast where a sufficiency of shore labour is available.

Difficulties have arisen in connection with the loading and unloading of small parcels of goods at North Queensland ports into or from passing oversea ships. A vessel running between, say, Melbourne and Singapore may have, for example, 15 tons of cargo to be discharged at Townsville. Under the State Waterside Workers' Award, it is provided, with certain exceptions which do not apply in this instance, that for a vessel of over 500 tons, a minimum gang of about 12 men must be engaged. This would render the cost of discharging a small parcel of say 15 or 20 tons prohibitive, and if section 45 were strictly enforced, the result would be that oversea ships would refuse to carry cargo to or from the outports. The unions concerned have, however, agreed, it is understood, that no objection will be taken to the discharge of parcels of up to 15 tons of cargo into lighters at the outer anchorages and to the employment of the ships' crews in the holds and at the winches, provided that shore labour is employed to the extent necessary for the handling of the goods on the lighters.

It has now been requested that regulations be made giving legal sanction to the practice. There is some doubt whether this can be done without first amending section 45, there being no question that a 'sufficiency of shore labour is available', and I shall be glad if the Solicitor-General will kindly advise on the point.

Advice is also requested as to the interpretation of the term 'handling cargo or ballast'. Is the word 'handling', as used in this connection, to be understood as meaning only such work as brings the man in actual physical contact with the cargo or ballast, or does it include also such work as the driving of the winches and signalling at the

hatches, in neither of which employments do the men, as a general rule, come into actual physical touch with the goods?

There appears to be a difference in meaning between 'working cargo' and 'handling cargo'. The following are the normal operations when cargo is unloaded. Certain men work in the hold of the vessel, the cargo is 'broken out' and placed in slings. The hatchman, standing on deck in some position where he has a view of the men working on the sling in the hold, then signals to the winchman and the sling of cargo is hoisted out and deposited on the wharf or in the lighter. If on the wharf, the goods are then carried on the backs of men or in trucks to a spot where they are stacked. If on a lighter the goods are stowed in the hold or on deck until such time as they can be transferred to the wharf or to some other vessel. The men breaking out, slinging, carrying or trucking and stacking all appear to be engaged in 'handling' cargo. Winchmen and hatchmen, whilst engaged in 'working' the cargo cannot, it is thought, be considered to be 'handling' it.

On this point it may be mentioned that the Waterside Workers' Award in the Court of Industrial Arbitration, Queensland (Queensland Government Gazette, 9.1.22) appears to differentiate between 'working' and 'handling' cargo. Under the heading of 'Special Cargoes' it is provided, inter alia, that: 'The following extra rates shall be paid for working the cargoes specified below:

• Explosives 4d per hour.
• Men actually handling benzine, naphtha, and motor spirit in cases or drums 2d per hour.
• Men actually handling and trucking blister copper . . .
• Men actually working refrigerated cargo in holds and cars etc.
• Men actually carrying wheat . . .
• Men actually handling log timber . . .
• Etc. Etc'

I shall be glad if the Solicitor-General will kindly advise on the above matters as early as possible.

With regard to the first question submitted in the above memorandum I incline to the view that in the circumstances a 'sufficiency' of shore labour is not available.

A sufficiency of shore labour means enough of such labour to perform the work in hand. It is true that an abundance of labour, far in excess of requirements and therefore prohibitive in cost, can be obtained, but a supply which is adequate and sufficient cannot be obtained.

I am therefore of opinion that regulations governing such cases may be made under section 45.

Advice as to the meaning of the words 'handling' and 'working' is required in connection with the interpretation of the award and my remarks in relation to the word 'handling' must be taken as applying to the award only and not to section 45 of the Act.

In interpreting these expressions regard must be had to the context in which they appear.

'Men actually handling benzine, naphtha, and motor spirit in cases or drums' are those who have physical contact with such containers and do not include winchmen or signallers.

'Men actually working refrigerated cargo in holds and cars' are those engaged in holds or cars in loading or unloading such cargo or work connected with such loading or unloading. Winchmen, hatchmen etc. are not included in this category.

[Vol. 19, p. 117]