The Associated Chambers of Commerce has forwarded to the Prime Minister, with a request that effect be given to it by legislation, the following resolution:

That the Federal Government be asked to render it, by regulation if possible, or if not possible by direct legislation, a criminal offence punishable by imprisonment only, to smoke in a vessel's hold.

The Minister for Trade and Customs asks to be advised whether such legislation is within the competence of the Federal Parliament.

Such legislation, in my opinion, relates, first, to the safety of the ship in question, and secondly to the safety of the highway which the ship is using, because a ship on fire or derelict as a result of fire is a danger to all other vessels using the highway. Cf. Southern Railway Company v. United States 222 U.S. 20, where it was held that the Safety Appliance Act, which was expressed to apply not only to vehicles engaged in in terstate commerce, but to all vehicles used on any railway that is a highway of inter-state commerce, was valid, inasmuch as delay or disaster to one train imperilled all traffic on the line.

I am therefore of opinion that the Parliament has power to legislate in the way sug-gested, in relation to-

1. ships engaged in interstate or external commerce; and

2. ships on the high seas, or in waters used by ships engaged in interstate or exter-nal commerce.

[Vol. 12, p. 375]