Stevedoring Industry Act 1956 (Cth)
STEVEDORING INDUSTRY ACT 1956 [Note: Ceased to have effect]
(#DATE 19:12:1973)
(#DATE 19:12:1973)
Compilation Information - Reprinted as at 19 December 1973
STEVEDORING INDUSTRY ACT 1956 - TABLE OF PROVISIONS TABLE
STEVEDORING INDUSTRY ACT 1956
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Crown to be bound
5. (Repealed)
6. Transitional provisions
7. Interpretation
7A. Continuous ports and seasonal ports
8. Performance of functions and exercise of powers by Authority
9. Unions
PART II-THE AUSTRALIAN STEVEDORING INDUSTRY AUTHORITY
10. Australian Stevedoring Industry Authority
11. Members of the Authority
12. Vacation of office of members
13. Meetings of the Authority
14. Delegation by Authority
15. Service of the Authority
16. Powers of Authority in relation to land, &c.
17. Functions of the Authority
18. Powers of Authority to make orders
19. Inconsistency
20. Orders of the Authority
21. Directions of the Authority
22. Orders and directions of Authority not to be challenged
23. Inspectors
PART III-PORT QUOTAS AND REGISTRATION OF EMPLOYERS AND
WATERSIDE WORKERS
24. Limits of ports
25. Determination of port quotas and establishment of registers of
employers and waterside workers
26. General provisions with respect to port quotas
27. General provisions with respect to registration
28. Registration of employers
29. Registration of waterside workers
30. Registrations in excess of port quotas
31. (Repealed)
31A. Registration of waterside workers as irregular waterside workers
32. Registered waterside workers in excess of quota
32A. Medical examination of registered waterside workers
33. Employers' obligations
34. Punishment of offences by employers
35. Cancellation or suspension of registration of employers
36. Cancellation or suspension of registration of waterside workers, &c.
36A. Procedure in relation to inquiry under section 36
37. Appeals
37A. Compensation where appeal upheld
37B. Medical Boards
38. Effect of suspension
39. Unregistered persons not to be employed as waterside workers
40. Engagement of unregistered waterside workers in special
circumstances
41. Unregistered employers not to engage persons for employment as
waterside workers
41A. Certain provisions not to apply in relation to inter-State trade and
commerce
42. Application of section 144 of Conciliation and Arbitration Act
43. Union rules not to discriminate
44. Boycott of waterside workers, &c.
45. Proof of certain matters
PART IIIA-LONG SERVICE LEAVE
45A. Definitions
45B. Declaration of operational periods in relation to seasonal ports
45C. Qualifying service for long service leave
45D. Entitlement to long service leave
45E. Special provisions applicable to certain waterside workers
45F. Taking of long service leave
45G. Waterside worker not required to attend, &c., during period for
taking long service leave
45H. Payments in respect of long service leave, &c.
45J. Assessed amount of pay
45K. Permanent waterside workers
45L. Payments in respect of long service leave
45M. Determination of entitlement to long service leave, &c.
45N. Determination by Authority in relation to qualifying service, &c.,
where records inadequate
45P. False representations in connexion with long service leave, &c.
PART IV-FINANCIAL PROVISIONS
46. Payment of stevedoring industry charge to Authority
47. Borrowings by the Authority
48. Authority's bank accounts
49. Application of moneys
50. Accounts
51. Audit
52. Exemption from taxation
PART V-MISCELLANEOUS
52A. Reduction of qualifying service for long service leave, &c., on
account of participation in port stoppage
52B. Payment by Authority on death of waterside worker
53. Notices
54. Furnishing of information
54A. False statements, &c., in connexion with medical examinations
55. Consultations
56. Minister may require information
57. Monthly reports by Authority
58. Annual Report
59. Proceedings for defamation not to lie
60. Regulations
THE SCHEDULES
FIRST SCHEDULE
Continuous Ports
SECOND SCHEDULE
Seasonal Ports
STEVEDORING INDUSTRY ACT 1956 - SECT. 1.
Short title.SECT
STEVEDORING INDUSTRY ACT 1956
See also the Stevedoring Industry Act 1965-1973 and the Stevedoring Industry (Temporary Provisions) Act 1967-1973 following
An Act relating to the Stevedoring Industry.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Stevedoring Industry Act 1956-1973.*
STEVEDORING INDUSTRY ACT 1956 - SECT. 2.
Commencement.SECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
STEVEDORING INDUSTRY ACT 1956 - SECT. 4.
Crown to be bound.SECT
4. This Act binds the Crown in right of the Commonwealth or a State, including an authority of the Commonwealth or a State.
Section 5 repealed by No. 216, 1973, s. 3.
* * * * * * * *
STEVEDORING INDUSTRY ACT 1956 - SECT. 6.
Transitional provisions.SECT
6. (1) In this section, unless the contrary intention appears-
''industrial dispute'' has the same meaning as in the Stevedoring Industry Act 1949-1954;
''the Court'' means the Commonwealth Court of Conciliation and Arbitration.
(2) The Court constituted as provided by the Stevedoring Industry Act 1949-1954 is empowered to continue and complete the hearing and determination of-
(a) an industrial dispute;
(b) a matter under section thirty-four of the Stevedoring Industry Act 1949-1954; and
(c) an appeal under section twenty-five of that Act,
the hearing and determination of which had been begun by the Court, but had not been completed, before the commencement of this Act, and, for the purposes of this sub-section, the Conciliation and Arbitration Act 1904-1955, the regulations in force under that Act and the Stevedoring Industry Act 1949-1954 continue in force as if the Conciliation and Arbitration Act 1956, and this Act, had not been enacted.
(3) In the continuation of a hearing under the last preceding sub-section, the Court shall have regard to any evidence given and arguments adduced during that portion of the hearing which took place before the commencement of this Act.
(4) Where-
(a) an award or order continued in force, or purporting to have been continued in force, by, under or by virtue of the Stevedoring Industry Act 1949, or that Act as amended from time to time;
(b) an order of the Australian Stevedoring Industry Board made under that Act, or that Act as amended from time to time, which amended or varied an award or order referred to in the last preceding paragraph; or
(c) an award or order of the Court made under that Act, or that Act as amended from time to time, other than an order to which a provision of section forty-nine of the Conciliation and Arbitration Act 1956 extends,
was in force immediately before the date of commencement of this Act, the award or order shall not cease to be in force by reason of the enactment of this Act.
(5) An award or order to which the last preceding sub-section applies, or an award or order made by virtue of sub-section (2) of this section-
(a) shall, for the purposes of this Act and the Conciliation and Arbitration Act 1904-1956, be deemed to be an award or order made by the Commission under Division 4 of Part III of that last- mentioned Act; and
(b) shall have effect, and proceedings may be taken thereon or in relation thereto (whether by way of enforcement or otherwise), under that last-mentioned Act as though it were an award or order of the Commission so made.
(6) Where an order of the Australian Stevedoring Industry Board made under the Stevedoring Industry Act 1949, or under that Act as amended from time to time, (not being an order referred to in paragraph (b) of sub-section (4) of this section) was in force immediately before the date of commencement of this Act, the order shall not cease to be in force by reason of the enactment of this Act and shall be deemed to be an order of the Authority made under section eighteen of this Act.
(7) An order referred to in paragraph (a) or (b) of sub-section (4) of this section, and continued in force by that sub-section, being an order which has not been varied or revoked by the Court by virtue of sub- section (2) of this section or by the Commission under Division 4 of Part III of the Conciliation and Arbitration Act 1904-1956, may be varied or revoked by the Authority by an order which the Authority is empowered to make under section eighteen of this Act.
(8) The reference in sub-section (2) of section nineteen of this Act to an award of the Commission shall be read as not including a reference to an order which may be varied or revoked by the Authority under the last preceding sub-section.
(9) All property and rights which, immediately before the date of commencement of this Act, were vested in the Australian Stevedoring Industry Board, are, by force of this section, vested in the Authority, and all liabilities to which the Board was subject immediately before that date, shall, upon that date, be deemed to become the liabilities of the Authority.
(10) A reference to the Australian Stevedoring Industry Board in a contract, agreement or other instrument to which the Board was, immediately before the date of commencement of this Act, a party shall, after that date, be read as a reference to the Authority.
Sub-sections (11)-(16) omitted by No. 216, 1973, s. 3.
* * * * * * * *
(17) Where, immediately before the date of commencement of this Act, an employment bureau was being administered by the Australian Stevedoring Industry Board in pursuance of the Stevedoring Industry Act 1949-1954, that employment bureau shall, upon that date, be deemed to have been established by the Authority in pursuance of this Act.
STEVEDORING INDUSTRY ACT 1956 - SECT. 7.
Interpretation.SECT
Sub-section (1) amended by No. 39, 1961, s. 4; No. 66, 1962, s. 3; and No. 100, 1971, s. 3.
7. (1) In this Act, unless the contrary intention appears-
''annual leave'', in relation to a person, means annual leave to which he is entitled as a waterside worker;
''award of the Commission'' means an award of the Commission under the Conciliation and Arbitration Act 1904-1956, and includes an order of the Commission under that Act;
''continuous port'', in relation to any time or period, means a port that is or was, at that time or during that period, a continuous port for the purposes of this Act;
''employer'' means-
(a) a person who engages, or offers to engage, persons for employment as waterside workers for work on a wharf or ship;
(b) a ship's agent or shipowner who directs the method or time of working of a stevedoring employer or contractor; and
(c) a master or officer of a ship engaged in work of the same nature as the work usually performed by a stevedoring employer,
and includes an agent or servant of a person to whom paragraph (a), (b) or (c) of this definition applies;
''employment bureau'' means an employment bureau for waterside workers established by the Authority in pursuance of this Act;
''Inspector'' means an Inspector appointed by the Authority under this Act;
''long service leave'' means long service leave under Part IIIA of this Act;
''member'' means a member of the Authority, and includes the Chairman of the Authority;
''person eligible for service pension'' means a person who is eligible for the grant of a service pension under the Repatriation Act 1920-1961 or would be so eligible but for section eighty-seven of that Act, and includes a person in receipt of such a pension;
''prescribed representative of employers'' means-
(a) the Oversea Shipping Representatives' Association;
(b) the Australasian Steamship Owners' Federation;
(c) the Independent Steamship Owners' Association; or
(d) any prescribed employer or prescribed association of employers;
''qualifying service'' means qualifying service for long service leave;
''register of waterside workers'' means a register of waterside workers established and maintained under section twenty-five of this Act;
''registered employer'' means a person registered as an employer under this Act;
''registered irregular waterside worker'' means a registered waterside worker whose name is entered in Part B of the register of waterside workers at a port;
''registered regular waterside worker''* means a registered waterside worker whose name is entered in Part A of the register of waterside workers at a port;
''registered waterside worker'' means a person registered as a waterside worker under this Act;
''seasonal port'', in relation to any time or period, means a port that is or was, at that time or during that period, a seasonal port for the purposes of this Act;
''ship'' includes barge, lighter, hulk or other vessel;
''sick leave'', in relation to a person, means sick leave to which he is entitled as a waterside worker;
''stevedoring operations'' means-
(a) the loading or unloading of cargo into or from ships;
(b) the loading or unloading, into or from ships, of ships' stores, coal or fuel oil (whether for bunkers or not), passengers' luggage or mails;
(c) the handling or storage of cargo or other goods at or adjacent to a wharf;
(d) the driving or operation of mechanical appliances used in connexion with the loading or unloading of ships or with the handling or storage of cargo or other goods at or adjacent to a wharf; and
(e) haulage or trucking from ship to shed or shed to ship,
and includes-
(f) the removal or replacing of beams or hatches;
(g) the handling of dunnage or ballast;
(h) the preparing or cleaning of holds; and
(i) the preparation of gear for use in connexion with the loading or unloading of ships,
when that work is performed by a person who is a member, or has applied for membership, of a Union or by a person registered as a waterside worker under Part V of the National Security (Shipping Co-ordination) Regulations immediately before the commencement of the Stevedoring Industry Act 1947;
''the association of employers'', in relation to a port, means such association, if any, of employers at that port, as, in the opinion of the Authority, represents the interests in relation to stevedoring operations of the majority of employers at that port;
''the Australian Stevedoring Industry Board'' means the Australian Stevedoring Industry Board established under the Stevedoring Industry Act 1949-1954;
''the Authority'' means the Australian Stevedoring Industry Authority established under this Act;
''the Commission'' means the Commonwealth Conciliation and Arbitration Commission;
''the Court'' means the Commonwealth Industrial Court;
''Union'' means the Waterside Workers' Federation of Australia or any organization of employees specified in a declaration in force under section nine of this Act and ''the Union'' means-
(a) in relation to a port at which, immediately before the commencement of this Act, a register of waterside workers was maintained in pursuance of the Stevedoring Industry Act 1949-1954-the Waterside Workers' Federation of Australia; and
(b) in relation to any other port in respect of which a declaration under section nine of this Act is in force-the organization of employees specified in the declaration;
''waterside worker'' means a person who accepts, or offers to accept, employment for work in the loading or unloading of cargo into or from ships, and includes a person who is a member, or has applied for membership, of a Union or a person registered as a waterside worker under Part V of the National Security (Shipping Co-ordination) Regulations immediately before the commencement of the Stevedoring Industry Act 1947 who accepts, or offers to accept, employment for work in-
(a) the loading or unloading, into or from ships, of ships' stores, coal or fuel oil (whether for bunkers or not), passengers' luggage or mails;
(b) the handling or storage of cargo or other goods at or adjacent to a wharf;
(c) the driving or operation of mechanical appliances used in connexion with the loading or unloading of ships or with the handling or storage of cargo or other goods at or adjacent to a wharf;
(d) haulage or trucking from ship to shed or shed to ship;
(e) the removal or replacing of beams or hatches;
(f) the handling of dunnage or ballast;
(g) the preparing or cleaning of holds; or
(h) the preparation of gear for use in connexion with the loading or unloading of ships,
but does not include-
(i) persons working in or alongside a ship in connexion with the direction or checking of the work of waterside workers;
(j) members of the crew of a ship on the ship's articles;
(k) members of the crew of a lighter;
(l) members of the Sydney Coal Lumpers Union while loading or unloading coal in the port of Sydney;
(m) persons employed, directly or indirectly, at a port in or in connexion with stevedoring operations which consist of the loading or unloading, into or from ships, of loose bulk cargo by means of equipment based on the shore, not being persons employed, in relation to a particular class of loose bulk cargo, in operations which, before the commencement of this Act, were ordinarily performed at that port by members of a Union in connexion with the loading or unloading by those means of loose bulk cargo of that class; or
(n) persons in the regular employment of a person engaged in an industrial undertaking, being persons whose duties include the performance of stevedoring operations in connexion with that undertaking;
''wharf'' includes pier and jetty, and also includes a shed adjacent to a wharf;
''working day'', in relation to a port, means a day other than Saturday, Sunday or a day which is a holiday for waterside workers at that port.
(2) For the purposes of this Act-
(a) a person who puts another person to work shall be deemed to engage that other person for employment; and
(b) a person who is put to work shall be deemed to accept employment.
Substituted by No. 66,1965, s. 4; amended by No. 216, 1973, s. 3.(3) A reference in this Act to stevedoring operations shall, unless the contrary intention appears, be read as a reference to stevedoring operations that are performed-
(a) on goods that are in the course of trade or commerce with other countries or among the States or for the purpose of the carriage of goods in the course of such trade or commerce;
(b) on goods that are in the course of trade or commerce between a State and a Territory or for the purpose of the carriage of goods in the course of such trade or commerce; or
(c) in a Territory.
STEVEDORING INDUSTRY ACT 1956 - SECT. 7A.
Continuous ports and seasonal ports.SECT
Inserted by No. 39, 1961, s. 5.
7A. (1) Subject to this section, the ports specified in the First Schedule to this Act are, for the purposes of this Act, continuous ports.
(2) Subject to this section, the ports specified in the Second Schedule to this Act are, for the purposes of this Act, seasonal ports.
(3) The regulations may provide that a port not specified in the First Schedule to this Act shall be a continuous port for the purposes of this Act or that a port specified in that Schedule shall not be a continuous port for the purposes of this Act.
(4) The regulations may provide that a port not specified in the Second Schedule to this Act shall be a seasonal port for the purposes of this Act or that a port specified in that Schedule shall not be a seasonal port for the purposes of this Act.
(5) Regulations shall not be made providing that a port is to be a continuous port for the purposes of this Act unless the Governor-General is satisfied that registered regular waterside workers at that port are required to attend or make themselves available for employment from day to day throughout the year and regulations shall not be made providing that a port is to be a seasonal port for the purposes of this Act unless the Governor-General is satisfied that registered regular waterside workers at that port are required to attend or make themselves available for employment from day to day for part of the year.
STEVEDORING INDUSTRY ACT 1956 - SECT. 8.
Performance of functions and exercise of powers by Authority.SECT
8. The Authority shall perform its functions, and exercise its powers, under this Act with a view to securing the expeditious, safe and efficient performance of stevedoring operations.
STEVEDORING INDUSTRY ACT 1956 - SECT. 9.
Unions.SECT
Amended by No. 216, 1973, s. 3.
9. Where, after the commencement of this Act, the Authority establishes a register of waterside workers at a port, other than a port at which, immediately before the commencement of this Act, a register of waterside workers was maintained in pursuance of the Stevedoring Industry Act 1949-1954, the Authority shall declare, by notice published in the Gazette, that an organization of employees (being an organization of employees registered as such under the Conciliation and Arbitration Act 1904-1956 or under a law of a State or a Territory) specified in the declaration is, for the purposes of this Act, the Union in relation to that port.
STEVEDORING INDUSTRY ACT 1956 - SECT. 10.
Australian Stevedoring Industry Authority.SECT
PART II-THE AUSTRALIAN STEVEDORING INDUSTRY AUTHORITY
10. (1) There shall be an Australian Stevedoring Industry Authority, which shall consist of-
(a) a Chairman;
(b) a member experienced in industrial affairs by reason of having been an employer in any industry or having been otherwise associated with management in industry; and
(c) a member experienced in industrial affairs by reason of having been associated with trade union affairs.
(2) The Authority shall be a body corporate with perpetual succession and a common seal and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.
(4) The exercise of the powers, or the performance of the functions, of the Authority is not affected by reason only of there being a vacancy in the office of a member of the Authority.
STEVEDORING INDUSTRY ACT 1956 - SECT. 11.
Members of the Authority.SECT
11. (1) The Chairman and the other members of the Authority shall be appointed by the Governor-General and, subject to the next succeeding section, shall hold office for such period, not exceeding seven years, as the Governor-General specifies, but shall be eligible for re-appointment.
(2) A member shall be paid such remuneration and allowances as the Governor-General determines.
(3) If a member is a member of the Commission, he is not entitled to receive any salary or allowance in respect of his office of member of the Commission, but his holding of that office is not affected by reason of his holding office as a member under this Act.
STEVEDORING INDUSTRY ACT 1956 - SECT. 12.
Vacation of office of members.SECT
Amended by No. 216, 1973, s. 3.
12. The office of a member shall be vacated if-
(a) he engages in paid employment outside the duties of his office;
(b) he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(c) he becomes permanently incapable of performing his duties or is guilty of misbehaviour;
(d) except on leave granted by the Minister, he absents himself from duty for fourteen consecutive days or for twenty-eight days in any twelve months; or
(e) he resigns his office by writing under his hand addressed to the Governor-General and his resignation is accepted,
and the Governor-General declares, by notice in the Gazette, that the office has become vacant.
STEVEDORING INDUSTRY ACT 1956 - SECT. 13.
Meetings of the Authority.SECT
13. (1) Subject to the next succeeding sub-section, meetings of the Authority shall be held at such times and places as the Authority from time to time determines.
(2) The Chairman of the Authority may at any time, and shall if so directed by the Minister, call a meeting of the Authority.
(3) At a meeting of the Authority, two members constitute a quorum.
(4) A question arising at a meeting of the Authority shall be decided by a majority of the votes of the members present.
(5) In the event of an equality of votes-
(a) if the Chairman is present-the question shall be decided by the Chairman and in that case the decision of the Chairman shall be deemed to be the decision of the Authority; or
(b) if the Chairman is not present-the question shall be postponed until the next meeting of the Authority.
STEVEDORING INDUSTRY ACT 1956 - SECT. 14.
Delegation by Authority.SECT
14. (1) The Authority may, either generally or in relation to any port, by writing under its seal, delegate to a person any of its powers or functions under this Act (except this power of delegation and the power of the Authority to make orders under section eighteen of this Act) so that the delegated powers or functions may be exercised by the delegate in accordance with the instrument of delegation.
(2) A delegation under this section shall be exercised subject to any conditions determined by the Authority from time to time and such a delegation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Authority.
STEVEDORING INDUSTRY ACT 1956 - SECT. 15.
Service of the Authority.SECT
15. (1) Subject to this section, the Authority may appoint such officers as it thinks necessary to assist it in the exercise of its powers and the performance of its functions under this Act.
(2) The officers of the Authority shall constitute the Service of the Authority.
Amended by No. 216, 1973, s. 3.(3) Subject to the next succeeding sub-section, a person shall not be appointed to the Service of the Authority unless-
(a) he is a British subject;
(b) the Authority is satisfied, upon medical examination, as to his health and physical fitness; and
(c) he makes and subscribes, before a person authorized under the law of the Commonwealth or of a State or Territory to take affidavits, an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution.
(4) The Authority may, with the approval of the Minister, appoint to the Service of the Authority a person who is not a British subject and has not made and subscribed the oath or affirmation of allegiance.
Amended by No. 77, 1966, s. 12.(5) The appointment, transfer or promotion of a person to a position the salary, or the maximum salary, of which exceeds Four thousand dollars per annum, or such higher amount per annum as the Minister determines, is subject to the approval of the Minister.
(6) The terms and conditions of employment of officers appointed under this section are such as are determined by the Authority with the approval of the Public Service Board.
(7) The Authority may employ such temporary or casual employees as it thinks fit on such terms and conditions as are determined by the Authority with the approval of the Public Service Board.
(8) The maximum number of officers and employees of each designation whose duties are primarily of an administrative or clerical nature shall be a number approved by the Public Service Board.
Sub-section (9) omitted by No. 216, 1973, s. 3.
* * * * * * * *
Amended by No. 216, 1973, s. 3.(10) Where an officer or employee of the Authority was, immediately before he became an officer or employee of the Authority, an officer of the Public Service of the Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as an officer or employee of the Authority shall be taken into account as if it were service in the Public Service of the Commonwealth.
Section 15A repealed by No. 216, 1973, s. 3.
* * * * * * * *
STEVEDORING INDUSTRY ACT 1956 - SECT. 16.
Powers of Authority in relation to land, &c.SECT
Sub-section (1) amended by No. 39, 1961, s. 6; and No. 77, 1966, s. 12.
16. (1) The Authority has, for the purposes of this Act, power-
(a) subject to the approval of the Minister where the amount involved exceeds Twenty thousand dollars-
(i) to purchase land, buildings or wharves;
(ii) to erect buildings;
(iii) to dispose of land, buildings or wharves acquired by, or vested in, the Authority;
(iv) to purchase, or take on hire, plant, equipment, stocks or other goods; and
(v) to dispose of plant, equipment, stocks or other goods acquired by, or vested in, the Authority;
(b) subject to the approval of the Minister in the case of a lease for a period exceeding five years, to take on lease land, buildings or wharves;
(c) to let on lease land, buildings or wharves acquired by or vested in, or taken on lease by, the Authority;
(d) to dispose of a lease of any land, building or wharf taken on lease by the Authority; and
(e) to do anything incidental to any of its powers under this section.
Added by No. 39, 1961, s. 6.(2) In this section, ''lease'' includes sub-lease.
STEVEDORING INDUSTRY ACT 1956 - SECT. 17.
Functions of the Authority.SECT
Sub-section (1) amended by No. 39, 1961, s. 7.
17. (1) The functions of the Authority are-
(a) to regulate the performance of stevedoring operations;
(b) to undertake or control, until the Minister otherwise directs, the performance of stevedoring operations at a port in respect of which there is in force for the time being a declaration in writing by the Minister that an emergency exists;
(c) to pay-
(i) attendance money payable to registered waterside workers under an award of the Commission or under section thirty-one A of this Act;
(ii) amounts payable under this Act in respect of long service leave; and
(iii) any other amounts payable by the Authority under this Act or an award of the Commission;
(d) to ensure that sufficient waterside workers are available for stevedoring operations at each port and that the labour of waterside workers is used to the best advantage and, for those purposes, where, in the opinion of the Authority, it is expedient to do so-
(i) to facilitate waterside workers registered at one port becoming registered at another port for limited periods; and
(ii) to require waterside workers registered at a port to offer for and accept employment on a daily basis at another port, being a port situated within reasonable travelling distance, by surface transport, from the port at which they are registered;
(e) to establish and administer employment bureaux for waterside workers;
(f) to make arrangements for allotting waterside workers to stevedoring operations so as to ensure, as far as practicable, a fair distribution of work in stevedoring operations amongst registered waterside workers, including arrangements under which waterside workers who have been allotted to stevedoring operations may be transferred to other stevedoring operations, whether or not the transfer involves a change of employers;
(g) to determine the method of, and other matters relating to, the engagement of waterside workers for stevedoring operations, including the time at which waterside workers allotted to stevedoring operations shall present themselves for work at the place where those operations are to be performed;
(h) to make arrangements for facilitating the engagement of waterside workers for stevedoring operations, including arrangements which will avoid the unnecessary attendance of waterside workers at employment bureaux;
(i) to regulate the conduct of waterside workers in and about employment bureaux, wharves and ships;
(j) to provide or assist in providing, at places where satisfactory provision therefor is not, in the opinion of the Authority, made by employers or any other person or authority, first-aid equipment, medical attendance, ambulance services, rest rooms, sanitary and washing facilities, canteens, cafeteria, dining rooms and other amenities for waterside workers;
(k) to train, or arrange for the training of, persons in stevedoring operations;
(l) to investigate means of improving, and to encourage employers to introduce methods and practices that will improve, the expedition, safety and efficiency with which stevedoring operations are performed;
(m) to investigate methods, and to assist and encourage employers in devising and adopting methods, for the satisfactory performance of stevedoring operations in rain;
(n) to investigate the causes of delays in the performance of stevedoring operations and, in particular, delays in the arrival of cargo at, and the removal of cargo from, wharves;
(o) to encourage safe working in stevedoring operations and the use of articles and equipment, including clothing, designed for the protection of workers engaged in stevedoring operations and, where necessary, to provide waterside workers with articles and equipment designed for that purpose;
(p) to obtain and publish information relating to the stevedoring industry; and
(q) to exercise such powers, and perform such functions, as the Commission, by award or order, directs.
(2) In regulating the performance of stevedoring operations under this Act, the Authority shall, except to such extent as, in the opinion of the Authority, is essential for the proper performance of that function, avoid imposing limitations upon employers with respect to their control of waterside workers engaged by them and their manner of performance of stevedoring operations.
(3) In the performance of its functions under sub-section (1) of this section, the Authority shall have regard to the desirability of encouraging employers to engage waterside workers for regular employment in stevedoring operations and waterside workers to offer for regular employment with employers in stevedoring operations.
STEVEDORING INDUSTRY ACT 1956 - SECT. 18.
Powers of Authority to make orders.SECT
18. (1) For the purpose of the performance of its functions under the last preceding section, the Authority may, subject to this section, make such orders, and do all such other things, as it thinks fit.
(2) Before making an order under the last preceding sub-section, the Authority shall consult as to the need for, and the proposed terms of, the order with such representatives as it thinks fit of such registered employers and of such Unions as, in the opinion of the Authority, are likely to be affected by the order.
(3) A consultation under the last preceding sub-section may, if the Authority, of its own motion or upon the request of a prescribed representative of employers or a Union, so determines, take the form of a hearing of which notice in writing shall be given by the Authority to such prescribed representatives of employers, to such registered employers and to such Unions as, in the opinion of the Authority, should be given an opportunity of being present at the hearing.
(4) The following provisions apply to and in relation to a hearing under the last preceding sub-section:-
(a) the procedure in relation to the hearing is within the discretion of the Authority;
(b) the Authority is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself on any matter in such manner as it thinks just;
(c) the Authority may determine the periods which are reasonably necessary for the fair and adequate presentation of the respective views of the persons appearing before the Authority and require that those views be presented within the respective periods so determined;
(d) the Authority may take evidence on oath or affirmation and, for that purpose, the Chairman of the Authority, or a person authorized by him in that behalf, may administer an oath;
(e) the Authority may require evidence or views to be presented in writing and may decide the matters upon which the Authority will hear oral evidence or views;
(f) the Authority may conduct the hearing or any part of the hearing in private;
(g) the Authority may conduct the hearing in the absence of a person to whom notice of the hearing has been given or who has been required, under sub-section (1) of section fifty-four of this Act, to attend to give evidence before the Authority at the hearing; and
(h) the Authority may permit representation of any person appearing before the Authority by counsel, solicitor or paid agent.
(5) An order under this section shall not be expressed to apply to a particular person or to a particular stevedoring operation, but may be expressed to apply-
(a) to persons included in a class of persons;
(b) to a class or kind of stevedoring operations; or
(c) at a particular place.
STEVEDORING INDUSTRY ACT 1956 - SECT. 19.
Inconsistency.SECT
19. (1) Subject to sub-section (4) of section eighty-four of the Conciliation and Arbitration Act 1904-1956, an order of the Authority has effect notwithstanding anything inconsistent therewith contained in an award of the Commission (whether made before or after the making of the order by the Authority) and the award of the Commission is, to the extent of the inconsistency, of no effect.
(2) The Authority shall not make an order which, in the opinion of the Authority, will be inconsistent with an award of the Commission unless the Authority has first consulted with the presidential member of the Commission assigned for the purpose of exercising the powers of the Commission under Division 4 of Part III of the Conciliation and Arbitration Act 1904-1956, and the presidential member has agreed to the making of the order.
STEVEDORING INDUSTRY ACT 1956 - SECT. 20.
Orders of the Authority.SECT
20. (1) Orders made by the Authority-
(a) shall be in writing;
(b) shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1939; and
(c) shall have the force of law.
Amended by No. 77, 1966, s. 12.
(2) A person shall not contravene or fail to comply with a provision of an order made by the Authority which is applicable to him.
Penalty: Where the offence is committed by a waterside worker, Fifty dollars; in any other case, Five hundred dollars.
(3) For the purpose of sections one hundred and nine, one hundred and thirty-eight and one hundred and eighty-eight of the Conciliation and Arbitration Act 1904-1956, an order of the Authority which was made after a hearing under sub-section (3) of section eighteen of this Act shall be deemed to be an award of the Commission.
STEVEDORING INDUSTRY ACT 1956 - SECT. 21.
Directions of the Authority.SECT
21. (1) Where a declaration by the Minister that an emergency exists is in force in respect of a port, the Authority may, for the purpose of the performance of its function under paragraph (b) of sub-section (1) of section seventeen of this Act, give such directions as it thinks fit.
(2) A direction under this section may be given orally or in writing.
Amended by No. 77, 1966, s. 12.(3) A direction given orally shall be given to the person required to comply with the direction and thereupon that person shall comply with the direction.
Penalty: Where the offence is committed by a waterside worker, Twenty dollars; in any other case, Two hundred dollars.
(4) Where a direction is given orally, the Authority shall, within twenty-four hours thereafter, record the direction in writing and, as soon as practicable, serve personally or by post a copy of the record on the person to whom the direction was given.
Amended by No. 77, 1966, s. 12.(5) A direction given in writing shall be served personally or by post on the person required to comply with the direction and thereupon that person shall comply with the direction.
Penalty: Where the offence is committed by a waterside worker, Twenty dollars; in any other case, Two hundred dollars.
(6) A direction under this section, to the extent that it is inconsistent with an order of the Authority or an award of the Commission, is of no effect.
STEVEDORING INDUSTRY ACT 1956 - SECT. 22.
Orders and directions of Authority not to be challenged.SECT
22. An order or direction of the Authority shall not be challenged, appealed against, reviewed, quashed or called in question, or be subject to prohibition, mandamus or injunction, in any court on any account whatever.
STEVEDORING INDUSTRY ACT 1956 - SECT. 23.
Inspectors.SECT
23. (1) The Authority may appoint an officer or employee of the Authority to be an Inspector for the purposes of this Act.
(2) The duties of an Inspector are-
(a) to make such investigations and reports in relation to stevedoring operations as the Authority or the Commission directs;
(b) to suggest to employers and waterside workers, in appropriate cases, means by which stevedoring operations may be performed with greater expedition, safety and efficiency and the labour of waterside workers may be used to better advantage;
(c) in a case where-
(i) a dispute as to the manner of performing a particular stevedoring operation has arisen between waterside workers and an employer, or such a dispute is threatened, impending or probable; and
(ii) one or more of those waterside workers or that employer requests the Inspector to express his opinion as to the manner in which that stevedoring operation should be performed,
to so express his opinion;
(d) to exercise such powers and perform such functions as an Inspector is required or permitted to exercise or perform under an order of the Authority or an award of the Commission; and
(e) such other duties as the Authority directs the Inspector to perform.
(3) An Inspector shall furnish to the Authority, in writing, particulars of any opinion expressed by him under paragraph (c) of the last preceding sub-section and of the circumstances in which the opinion was expressed.
(4) For the purpose of carrying out his duties under this Act, an Inspector may, at any time during working hours-
(a) enter any wharf or ship;
(b) inspect any stevedoring operations and any material, machinery, appliances or articles used for or in connexion with stevedoring operations and any books, documents, papers or things relating to stevedoring operations; and
(c) interview any person.
Amended by No. 77, 1966, s. 12.(5) A person shall not hinder or obstruct an Inspector in the exercise of his duties or make to an Inspector, acting in the course of his duties, a statement, whether oral or in writing, which is false or misleading.
Penalty: One hundred dollars.
STEVEDORING INDUSTRY ACT 1956 - SECT. 24.
Limits of ports.SECT
PART III-PORT QUOTAS AND REGISTRATION OF EMPLOYERS AND WATERSIDE
WORKERS
24. The Authority may, for the purposes of this Part, define the limits of any port.
STEVEDORING INDUSTRY ACT 1956 - SECT. 25.
Determination of port quotas and establishment of registers of employers and
waterside workers.SECT
25. For the purposes of-
(a) ensuring that a sufficient number of waterside workers of the necessary physical fitness, and with the necessary competence and efficiency, are available for the expeditious, safe and efficient performance of stevedoring operations at each port at which stevedoring operations are performed and, in particular, ensuring that the average earnings of waterside workers at each such port will be such as to attract to, and retain in, the stevedoring industry at the port such a number of such waterside workers;
(b) furthering the objective of the decasualization of waterfront labour and ensuring that the labour of waterside workers available for stevedoring operations at each such port is not wasted or used otherwise than to the best advantage; and
(c) promoting industrial peace at each such port,
the Authority shall-
(d) from time to time determine, by instrument in writing, the quota of waterside workers for each such port, that is to say, the number of waterside workers which, in the opinion of the Authority, is required for the proper and effective conduct of stevedoring operations at the port; and
(e) establish and maintain a register of employers, and a register of waterside workers, at each such port.
STEVEDORING INDUSTRY ACT 1956 - SECT. 26.
General provisions with respect to port quotas.SECT
26. (1) The Authority shall, before determining the quota for a port under the last preceding section-
(a) consult with such representatives as it thinks fit of the Union in relation to the port and of registered employers; and
(b) take into consideration such information as, in the opinion of the Authority, is the best information available to the Authority with respect to the probable movements of ships through the port during the period of twelve months next following the making of the determination and the probable volume and kinds of cargo which will require the performance of stevedoring operations at the port during that period.
Amended by No. 39, 1961, s. 8.(2) Where the Authority determines the quota for a port under the last preceding section, the Authority shall, as soon as practicable, give notice of the making of the determination-
(a) to the Union in relation to the port;
(b) if there is a branch of that Union at the port-to that branch;
(c) to each prescribed representative of employers; and
(d) to the association of employers at the port.
Amended by No. 66, 1965, s. 5.(3) The Authority shall consider whether the quota for a port should be varied-
(a) whenever so requested by the Union in relation to the port or by a prescribed representative of employers; and
(b) in any event, at least once in each period of twelve months.
(4) If, at any time, the Authority considers that the quota at a port should be varied, the Authority shall, subject to this Act, determine another quota for the port under the last preceding section.
Added by No. 39, 1961, s. 8; amended by No. 66, 1962, s. 5.(5) In determining whether the quota for a port should be varied, the Authority shall, in addition to the matters referred to in sub-section (1) of this section, take into account the contribution to the performance of stevedoring operations at the port that is, in the opinion of the Authority, likely to be made by registered irregular waterside workers.
STEVEDORING INDUSTRY ACT 1956 - SECT. 27.
General provisions with respect to registration.SECT
Sub-section (1) amended by No. 39, 1961, s. 9.
27. (1) The Authority may determine the person with whom an application for registration as an employer, or as a waterside worker, or an application under section thirty-one A of this Act, shall be lodged, and the form in which such an application shall be made.
Amended by No. 39, 1961, s. 9; and No. 77, 1966, s. 12.(2) A person shall not, in an application for registration as an employer or waterside worker, or in an application under section thirty-one A of this Act, make a statement or furnish information which is false or misleading.
Penalty: Fifty dollars.
(3) The Authority shall not cancel or suspend the registration of a registered employer or a registered waterside worker except at his own request or in accordance with this Act.
Substituted by No. 66, 1962, s. 6.(4) The Authority shall not, otherwise than in accordance with this Act-
(a) enter the name of a waterside worker in, or transfer the name of a waterside worker to, Part B of the register of waterside workers at a port; or
(b) having so entered or transferred the name of a waterside worker, transfer his name to Part A of the register.
STEVEDORING INDUSTRY ACT 1956 - SECT. 28.
Registration of employers.SECT
Amended by No. 39, 1961, s. 10.
28. Where-
(a) a person applies for registration as an employer at a port;
(b) that person has the means-
(i) of carrying out stevedoring operations at the port in an expeditious, safe and efficient manner; and
(ii) of discharging the duties and obligations of an employer under this Act;
(ba) that person satisfies the Authority that he will be able to pay, as they become due, the wages and other amounts payable by him (whether under an award of the Commission or otherwise) to registered waterside workers employed by him; and
(c) a previous registration of that person as an employer has not been cancelled under section twenty-three of the Stevedoring Industry Act 1949-1954 or under section thirty-five of this Act or, if a previous registration of that person as an employer has been so cancelled, the Authority is satisfied that, having regard to the circumstances of the cancellation of the previous registration and such other matters as are relevant, it would be proper to register that person as an employer,
the Authority shall register that person as an employer at the port.
STEVEDORING INDUSTRY ACT 1956 - SECT. 29.
Registration of waterside workers.SECT
Sub-section (1) amended by No. 66, 1965, s. 6.
29. (1) Where-
(a) a person applies for registration as a waterside worker at a port;
(b) that person-
(i) satisfies the reasonable requirements of the Authority as to the age, physical fitness, competence and suitability of persons to be registered as waterside workers; and
(ii) is a member, or satisfies the Authority that he has applied for membership, of the Union in relation to the port; and
(c) a previous registration of that person as a waterside worker has not been cancelled under section twenty-four of the Stevedoring Industry Act 1949-1954 or under section thirty-six of this Act or, if a previous registration of that person as a waterside worker has been so cancelled, the Authority is satisfied that, having regard to the circumstances of the cancellation of the previous registration and such other matters as are relevant, it would be proper to register that person as a waterside worker,
the Authority shall, subject to the next succeeding section, register that person as a waterside worker at the port.
Inserted by No. 66, 1965, s. 6; amended by No. 216, 1973, s. 3.(1A) For the purposes of sub-paragraph (i) of paragraph (b) of the last preceding sub-section, a requirement of the Authority that persons who apply for registration as waterside workers shall not have been-
(a) convicted of an offence against this Act; or
(b) convicted of an offence against any law of the Commonwealth or of a State or Territory, being an offence that, in the opinion of the Authority, having regard to all the circumstances, shows the person who was convicted to be unfit to be registered as a waterside worker,
is a reasonable requirement as to the suitability of those persons to be registered as waterside workers.
Amended by No. 66, 1965, s. 6.(2) Where a person applies for registration as a waterside worker at a port and the Authority is not required to register that person under sub-section (1) of this section, the Authority may register that person at the port but, if the registration of that person at the port would be prejudicial to the purposes specified in section twenty-five of this Act, the Authority shall refuse to so register that person.
Substituted by No. 66, 1965, s. 6.(3) Before registering a person as a waterside worker at a port (whether under this section or under the next succeeding section), the Authority shall-
(a) give notice-
(i) to the Union in relation to the port, or, if there is a branch of that Union at the port, to that branch; and
(ii) to the association of employers at the port,
stating that the Authority is considering whether to register the person as a waterside worker at the port and inviting the Union or branch, and the association, to furnish to the Authority within seven days after the notice is given a written statement of any matters that the Union, branch or association wishes the Authority to take into account in deciding whether to register the person; and
(b) take into account any matters referred to in a statement so furnished.
STEVEDORING INDUSTRY ACT 1956 - SECT. 30.
Registrations in excess of port quotas.SECT
30. (1) Subject to this section, the Authority shall not register a person as a waterside worker at a port if, by so doing, the number of waterside workers registered at the port would be increased to a number in excess of the quota for the port.
(2) Where the Authority declares, in writing, that, in the opinion of the Authority-
(a) the demands for the performance of stevedoring operations at a port specified in the declaration during a period specified in the declaration, being a period not exceeding six months, will not be met unless such number of waterside workers in excess of the quota for the port as is specified in the declaration is temporarily available at the port for the performance of those stevedoring operations; and
(b) the circumstances are not such as to warrant that quota being increased,
the Authority may, at any time during the period specified in the declaration when the number of waterside workers registered at the port is less than the sum of that quota and the number specified in the declaration, register a person as a waterside worker at the port for a period which will expire not later than the period specified in the declaration.
(3) The Authority shall-
(a) before making a declaration in relation to a port under the last preceding sub-section, consult with such representatives as it thinks fit of the Union in relation to the port and of registered employers; and
(b) after making the declaration, serve a copy of the declaration-
(i) on the Union in relation to the port;
(ii) if there is a branch of that Union at the port-on that branch;
(iii) on each prescribed representative of employers; and
(iv) on the association of employers at the port.
Amended by No. 39, 1961, s. 11; and No. 66, 1962, s. 7.(4) Sub-section (1) of this section does not prevent the Authority from registering as a waterside worker at a port a person-
(a) who is registered at another port; or
(b) who has not attained the age of sixty-five years and-
(i) has, within the preceding period of three years, had his registration at a port cancelled at his own request;
(ii) has had his registration at a port cancelled under paragraph (b) of sub-section (1) of section thirty-six of this Act on the ground that the Authority was satisfied that, by reason of his physical or mental condition, he was not capable of properly carrying out the duties of a waterside worker or might be a danger to others; or
(iii) has, before the commencement of the Stevedoring Industry Act 1962, had his registration at a port cancelled at his own request, being a request that the Authority is satisfied was made by him on grounds related to his physical or mental condition.
(5) Where a person is registered as a waterside worker at a port and the Authority registers that person as a waterside worker at another port, the Authority shall cancel his registration at that first-mentioned port.
Section 31 repealed by No. 66, 1965, s. 7.
* * * * * * * *
STEVEDORING INDUSTRY ACT 1956 - SECT. 31A.
Registration of waterside workers as irregular waterside workers.SECT
Inserted by No. 39, 1961, s. 12.
Sub-section (1) substituted by No. 66, 1962, s. 8.
31A. (1) The register of waterside workers at a port shall consist of two Parts, to be called Part A and Part B of the register, respectively.
Amended by No. 66, 1962, s. 8.(2) There shall be entered in or transferred to Part B of the register the name of each waterside worker registered at the port-
(a) who has (whether before or after the commencement of this section) attained the age of seventy years;
(b) who has (whether before or after the commencement of this section) attained the age of sixty-five years, or, if he is a person eligible for service pension, sixty years, and has requested the Authority to transfer his name to that part of the register;
(c) whose physical or mental condition is found by the Authority (whether upon application by the waterside worker or not), after the Authority has obtained a report from a legally qualified medical practitioner, to be such that, in the interests of his own health or in the interests of the expeditious, safe and efficient performance of stevedoring operations, he ought not be required to attend or make himself available for employment as a waterside worker, whether from day to day or otherwise, in accordance with the requirements applicable at the port to registered regular waterside workers;
(d) who was, as at the first day of May, One thousand nine hundred and sixty-one, or at any time after that day and before the commencement of this section-
(i) a waterside worker registered at a port specified in the First Schedule to this Act who was not required to attend or make himself available for employment as a waterside worker from day to day throughout the year; or
(ii) a waterside worker registered at a port specified in the Second Schedule to this Act who was regarded by the Authority as an irregular waterside worker; or
(e) who, as at the fifteenth day of June, One thousand nine hundred and sixty-two, or at any time after that day and before the commencement of the Stevedoring Industry Act 1962, was a waterside worker registered at a port other than a port specified in the First Schedule or the Second Schedule to this Act and was regarded by the Authority as an irregular waterside worker,
and the name of each other waterside worker registered at that port shall be entered in Part A of the register.
(3) Nothing in paragraph (c) of the last preceding sub-section requires the entry of the name of a registered waterside worker in, or the transfer of the name of a registered waterside worker to, Part B of a register where the Authority is satisfied that, by reason of the physical or mental condition of the waterside worker, he is not capable of carrying out the duties of a waterside worker or may be a danger to others.
STEVEDORING INDUSTRY ACT 1956 - NOTES
NOTES
1. The Stevedoring Industry Act 1956-1973 comprises the Stevedoring Industry Act 1956 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------
Stevedoring Industry Act
1956 No. 53, 1956 30 June 1956 14 Aug 1956 (see
Gazette 1956, p.
2489)
Stevedoring Industry Act
1957 No. 93, 1957 12 Dec 1957 Ss. 4 and 5: 16 Jan
1958 (see Gazette
1958,
p. 255)
Remainder: Royal
Assent
Stevedoring Industry Act
1961 No. 39, 1961 6 June 1961 6 June 1961
Stevedoring Industry Act
1962 No. 66, 1962 19 Nov 1962 19 Nov 1962
Stevedoring Industry Act
1965 No. 66, 1965 8 Oct 1965 8 Oct 1965
Stevedoring Industry Act
1966 No. 77, 1966 29 Oct 1966 29 Oct 1966
Stevedoring Industry Act
1971 No. 100, 1971 17 Nov 1971 17 Nov 1971
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
The operation of this Act is affected by the Stevedoring Industry Act 1963, the Stevedoring Industry Act 1965-1973 and the Stevedoring Industry (Temporary Provisions) Act 1967-1973.
2.-S. 7 (1)-The definition of ''registered regular waterside worker'' was substituted by paragraph 3 (1) (d) of the Stevedoring Industry Act 1962. Sub-section 3 (2) of that Act provides as follows:
''(2) The amendment made by paragraph (d) of the last preceding sub- section shall be deemed to have come into operation on the sixth day of June, One thousand nine hundred and sixty-one.''
3. The operation of sub-section 36 (3B) is affected by sub-section 5 (3) of the Stevedoring Industry Act 1963. See note 5.
4. Section 37 was amended by sub-section 11 (1) of the Stevedoring Industry Act 1962. Sub-section 11 (2) of that Act provides as follows:
''(2) The amendments made by the last preceding sub-section do not apply to or in relation to the cancellation or suspension of the registration of a waterside worker, or to the entry of the name of a registered waterside worker in, or the transfer of the name of a registered waterside worker to, Part A or Part B of a register of waterside workers, before the commencement of this Act or the refusal of the Authority before the commencement of this Act to transfer the name of a registered irregular waterside worker to Part A of a register.''
5. The operation of section 52A is affected by the Stevedoring Industry Act 1963. Sections 4 and 5 of that Act provide as follows:
''4. (1) Subject to the next succeeding sub-section, the Authority shall not, after the commencement of this Act, make a declaration under sub-section (1) of section fifty-two A of the Stevedoring Industry Act 1956-1962.
''(2) The Governor-General may, by Proclamation-
(a) fix a date on and after which the last preceding sub-section does not prevent the Authority from making a declaration referred to in that sub- section; or
(b) fix a date on and after which the last preceding sub-section does not prevent the Authority from making a declaration referred to in that sub- section in relation to a port specified in the Proclamation.
''5. (1) Any entitlement of a waterside worker to attendance money in respect of the day on which this Act is to be deemed to have come into operation or of any day after that day, not being a day that, by virtue of the next succeeding sub-section, is a prescribed day in relation to the waterside worker, is not affected by any suspension of his entitlement to attendance money that occurred before that first-mentioned day.
''(2) Where, by virtue of a Proclamation under sub-section (2) of the last preceding section, a port ceases to be a port in relation to which the Authority is prevented from making a declaration referred to in sub-section (1) of that section, every day after the day on which the port so ceased is, for the purposes of the last preceding sub-section, a prescribed day in relation to any waterside worker who was registered at the port on the day on which the port so ceased.
''(3) A day in respect of which a waterside worker is paid attendance money by virtue of this section-
(a) shall, for the purposes of sub-section (3B) of section thirty-six of the Stevedoring Industry Act 1956-1962, be deemed not to be a day of the kind referred to in that sub-section; and
(b) shall, for the purposes of sub-section (4) of section fifty-two A of the Stevedoring Industry Act 1956-1962, be deemed not to be a day of the kind referred to in paragraph (a) of that sub-section.''
6. Sub-section 52A (7) was amended by sub-section 20 (1) of the Stevedoring Industry Act 1962. Sub-section 20 (2) of that Act provides as follows:
''(2) Where-
(a) the Authority has, before the date of commencement of this Act, made or purported to make a declaration under sub-section (1) of section fifty-two A of the Principal Act; and
(b) an order has not been made before that date under sub-section (4) of that section in relation to the declaration,
the Authority shall, for the purposes of sub-section (7) of section fifty-two A of the Principal Act as amended by this Act, be deemed to have made or purported to make, as the case may be, the declaration on that date.''
0
0
0