45Employment of crew in loading and unloading

#### 45 Employment of crew in loading and unloading (1) Except as prescribed, a member of the crew of a ship (whether or not it is a ship to which this Part applies) that is engaged in making overseas voyages shall not be employed at a port in Australia in 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. (1A) The rates of wages to be paid in any port in Australia to shore labourers employed in handling cargo or ballast in connexion with the loading or unloading of any such ship shall be not less than the rates in any scale prescribed, under an award or agreement (if any) made or agreed to under any law of the Commonwealth or of a State or the Northern Territory, for the payment of such labour at that port. Penalty (on master, owner, agent or charterer) for any offence against subsection (1) or (1A): $2,000. (1B) If a sufficiency of shore labour cannot be obtained at such rates of wages it shall, for the purposes of this section, be deemed to be not available, and, in that case, the crew may be employed to the extent of the insufficiency. (2) The regulations may forbid the employment, except as prescribed, of members of the crew of a ship that is engaged in making inter‑State voyages in handling cargo or ballast in connexion with the loading or unloading of ships.