The Minister for External Affairs has referred a file for consideration of what legislative measures can be taken to regulate the employment of ships' crews on work usually performed by shore workmen, upon or in connection with ships, during times of industrial dispute or otherwise.

The file referred to is the file of the case of the S.S. Dollar which had a coloured crew and, during an industrial dispute, used the crew to discharge the cargo and to do work in connection therewith on the wharf.

The file was submitted to Mr Attorney-General Glynn to advise on the following questions:

1. Whether anything in the case gave the Commonwealth a foothold for any legal action? and
2. As to the best means of providing by law against such intrusions of coloured labour as that described.

Mr Glynn, in an opinion dated 20 April 1910⁽¹⁾, advised that in his opinion the crew could not have been excluded or prevented from working under any Act of the Commonwealth or State then in force, but as the second question involved policy, he considered it better (under the then circumstances) not to express an official opinion upon it.

Under the Constitution, the Commonwealth Parliament has power to legislate with respect to trade and commerce with other countries and among the States, and that power is expressly declared to extend to navigation and shipping.

Therefore as regards oversea ships and ships engaged in the interstate trade, the Commonwealth Parliament has power to legislate so as to regulate the employment of ships' crews on work usually performed by shore workmen.

[Vol. 8, p. 11 ]

(1) Opinion not published [Vol. 7, p. 430]; the substance of it is contained in this paragraph.