Stevedoring Industry Act 1956

Legislation au C1956A00053 Not in force Act

Legislation content

STEVEDORING INDUSTRY.

 

No. 53 of 1956.

An Act relating to the Stevedoring Industry.

[Assented to 30th June, 1956.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Stevedoring Industry Act 1956.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–9).

Part II.—The Australian Stevedoring Industry Authority (Sections 10–23).

Part III.—Port Quotas and Registration of Employers and Waterside Workers (Sections 24–45).

Part IV.—Financial Provisions (Sections 46–52).

Part V.—Miscellaneous (Sections 53–60).

Crown to be bound.

4. This Act binds the Crown in right of the Commonwealth or a State, including an authority of the Commonwealth or a State.


Repeal.

5.—(1.) The Stevedoring Industry Act 1949 is repealed.

(2.) Part II. of the Stevedoring Industry Act 1954 is repealed.

(3.) The Stevedoring Industry Act 1954, as amended by this Act, may be cited as the Stevedoring Industry Act 1954–1956.

Transitional provisions.

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

Overview

The Stevedoring Industry Act 1956 was enacted to address the need for effective regulation and management of stevedoring operations in Australia's ports. This Act replaced previous legislation, namely the Stevedoring Industry Act 1949 and parts of the Stevedoring Industry Act 1954, to modernise the regulatory framework governing stevedoring activities. It was assented to on 30 June 1956 and enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective of the Act is to secure the expeditious, safe, and efficient performance of stevedoring operations, which are defined as activities related to the loading, unloading, and handling of cargo and other goods at ports. The Act establishes the Australian Stevedoring Industry Authority (the Authority) to regulate and manage these operations. The Authority is tasked with determining port quotas for waterside workers, establishing and maintaining registers of employers and waterside workers, ensuring the availability of workers, and making arrangements for their fair distribution among stevedoring operations. It also aims to promote industrial peace and the decasualisation of waterfront labour. Through the establishment of this comprehensive regulatory framework, the Act seeks to enhance the safety, efficiency, and productivity of stevedoring activities in Australian ports.

Scope and Application

The Stevedoring Industry Act 1956 applies to stevedoring operations in Australia, focusing on the regulation of the stevedoring industry, particularly the performance of stevedoring operations at ports. It governs the establishment and functions of the Australian Stevedoring Industry Authority, which is responsible for regulating stevedoring operations, ensuring the availability of waterside workers, and maintaining employment bureaux for waterside workers. The Act also regulates the registration of employers and waterside workers, sets port quotas for waterside workers, and outlines the obligations of employers. It extends to all Commonwealth ports and applies to stevedoring operations involving trade and commerce with other countries or among the States, or performed in a Territory of the Commonwealth. The Act does not apply to stevedoring operations that consist of the loading or unloading of loose bulk cargo by means of equipment based on the shore, except for operations that were ordinarily performed by Union members before the enactment of the Act. The Governor-General may make regulations to prescribe matters necessary or convenient to carry out the Act, but these regulations cannot be inconsistent with the Act.

Key Provisions

  • The Stevedoring Industry Act 1956 establishes the framework for the regulation of stevedoring operations in Australia, replacing earlier acts and setting out new provisions for the industry. The main operative sections of the Act establish the Australian Stevedoring Industry Authority, which is tasked with regulating stevedoring operations, ensuring safety and efficiency, and managing the registration of employers and waterside workers. The Authority is responsible for determining port quotas, establishing and maintaining registers for employers and waterside workers, and overseeing the performance of stevedoring operations.
  • The obligations imposed by the Act on parties include ensuring the expeditious, safe, and efficient performance of stevedoring operations, proper supervision of waterside workers, and compliance with the Authority's orders and directions. Employers must ensure that stevedoring operations are performed safely and efficiently and that waterside workers' labour is used effectively. Waterside workers must adhere to the conduct rules set by the Authority and not engage in activities that could prejudice the performance of stevedoring operations.
  • The Act imposes various penalties for breaches, including fines for employers who fail to comply with the Act's provisions, which can range from $100 to $1,000. The Authority has the power to cancel or suspend the registration of employers and waterside workers who engage in misconduct or fail to comply with the Act's requirements. Unregistered persons are prohibited from being employed as waterside workers unless specific conditions are met, and penalties apply for violations of this provision.
  • Civil and criminal consequences for breaches include fines, with specific amounts stated for various offences. For example, failure to comply with an order made by the Authority can result in a penalty of up to $250 for waterside workers and $1,000 for others. Engaging unregistered waterside workers carries a penalty of $100. Additionally, the Authority can cancel or suspend the registration of employers and waterside workers who do not meet the Act's standards, and these actions can be appealed to the Court.

Legal classification tags

Area of Law
Employment & Labour Law
Industrial Relations Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Enforcement Powers
Penalty Provisions
Regulatory Standards
Consultation Requirements
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.