Opinion Number. 1281

Subject

NAVIGATION AND SHIPPING
MEANING OF 'HANDLING CARGO OR BALLAST': INCLUDES SIGNALLING, WORKING OF WINCHES, ETC.

Key Legislation

NAVIGATION ACT 1912, s. 45

Date
Client
The Comptroller-General of Customs

The Comptroller-General of Customs has forwarded me a minute dated 27 November 1922, requesting advice as to the meaning of the term 'handling cargo or ballast' appearing in section 45 of the Act.

Generally speaking the expression includes all such work in connection with the loading or unloading of a ship as is usually performed by wharf labourers. I think 'handling cargo or ballast' is not restricted to work involving physical contact with 'cargo or ballast' but includes signalling, working of winches etc.

It will be noted that the prohibition in section 45 applies only in connection with the loading or unloading of a ship.

[Vol. 19, p. 147]