Stevedoring Industry Acts (Termination) Act 1977
Act No. 119 of 1977 as amended
[Note: This Act is repealed by Act No. 77 of 1994]
This compilation was prepared on 1 April 2003
taking into account amendments up to Act No. 77 of 1994
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
Part II—Termination of operations of Authority
4 Stevedoring Industry Acts to cease to have effect
5 Continued operation of Stevedoring Industry Acts during transitional period
6 Payments to Committee
7 Payments to Authority
8 Disposal of assets
9 Payments to waterside workers
10 Payments to employers
11 Suspension or cancellation of registration
12 Attendance money
13 Appeals to medical boards
Part III—Miscellaneous
14 Transfer of rights and liabilities
15 Contracts and other instruments
16 Final report by Authority
17 Regulations
Notes
An Act to provide for the termination of the operation of the Stevedoring Industry Acts and for related purposes
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Stevedoring Industry Acts (Termination) Act 1977.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation
In this Act, unless the contrary intention appears:
Authority means the Australian Stevedoring Industry Authority established by the Stevedoring Industry Act and constituted in accordance with section 6A of the Stevedoring Industry (Temporary Provisions) Act.
Commission means the Australian Conciliation and Arbitration Commission.
Committee means the Stevedoring Industry Finance Committee established by the Stevedoring Industry Finance Committee Act 1977.
Stevedoring Industry Act means the Stevedoring Industry Act 1956 and includes regulations under that Act.
Stevedoring Industry Acts means:
(a) the Stevedoring Industry Act;
(b) the Stevedoring Industry Act 1963;
(c) Part III of the Stevedoring Industry Act 1965; and
(d) the Stevedoring Industry (Temporary Provisions) Act.
Stevedoring Industry (Temporary Provisions) Act means the Stevedoring Industry (Temporary Provisions) Act 1967 and includes regulations under that Act.
transitional period means the period commencing immediately after the commencement of this Act and ending on such day as is fixed by the Minister, by notice in the Gazette, as the terminating day for the purposes of this definition.
Part II—Termination of operations of Authority
4 Stevedoring Industry Acts to cease to have effect
(1) Subject to this Part, the Stevedoring Industry Acts cease to have effect at the commencement of this Act.
(2) Where a provision of the Stevedoring Industry Acts ceases to have effect at any time by reason of the operation of this Part, that provision shall be deemed, for the purposes of section 8 of the Acts Interpretation Act 1901
Overview
The Stevedoring Industry Acts (Termination) Act 1977 was enacted by the Australian Parliament to address the need for the termination of the operation of the Stevedoring Industry Acts. These acts were previously established to regulate the stevedoring industry, but had become outdated and redundant. The primary policy objective of the 1977 Act was to facilitate the cessation of the Stevedoring Industry Acts and ensure a smooth transition by providing for the transfer of rights and liabilities, the continued operation of certain provisions during a transitional period, and the finalisation of outstanding matters such as payments and appeals. The Act was repealed by the Industrial Relations Legislation Amendment Act 1994, which incorporated its provisions into a broader legislative framework for industrial relations.
This Act aimed to effectively wind down the operations of the Australian Stevedoring Industry Authority and ensure that all necessary steps were taken to manage the transition, including the disposition of assets, the completion of ongoing payments, and the resolution of pending appeals and compensation claims. The enactment of this legislation was critical in modernising the regulatory landscape for the stevedoring industry in Australia, aligning it with contemporary industrial relations standards and practices.
Scope and Application
The Stevedoring Industry Acts (Termination) Act 1977 applies to the cessation of operations of the Australian Stevedoring Industry Authority and the termination of the Stevedoring Industry Acts. This Act applies to the Authority, waterside workers, employers, and other entities involved in stevedoring operations. The Act operates nationally across Australia as Commonwealth legislation. Certain provisions of the Stevedoring Industry Acts continue to apply during a transitional period to allow for the orderly winding down of operations, including the continuation of payments to waterside workers, employers, and the Committee, as well as the resolution of pending appeals and objections. The Act allows for the disposal of the Authority’s assets, subject to ministerial approval for amounts exceeding $20,000. The Governor-General may make regulations to carry out the purposes of the Act, though these regulations cannot be inconsistent with the Act itself. This legislation effectively repealed by the Industrial Relations Legislation Amendment Act 1994, though certain sections remained in effect until the transitional period ended.
Key Provisions
- The Stevedoring Industry Acts (Termination) Act 1977 (sections 4 and 5) mandates the cessation of the Stevedoring Industry Acts upon the Act's commencement, but allows for a transitional period during which certain provisions remain in effect. During this transitional phase, the Australian Stevedoring Industry Authority is maintained to handle specific functions and payments, such as those to the Stevedoring Industry Finance Committee and employers, as well as the disposal of assets (sections 6, 7, 8, and 10). Additionally, it ensures continued payments to waterside workers and addresses pending appeals related to worker registrations and entitlements (sections 9, 11, 12, and 13).
- The Act imposes several obligations on the Authority and other entities. For instance, it requires the Authority to make payments to the Committee and employers, continue operations during the transitional period, and submit a final report to the Minister, which must be audited by the Auditor-General (sections 6, 7, 10, and 16). Furthermore, it mandates that any disposal of assets exceeding $20,000 must receive Ministerial approval (section 8).
- Breaches of the Act may lead to various consequences. Although specific offences and penalties are not detailed in the provided text, the Act allows for the creation of regulations by the Governor-General, which could include penalties for non-compliance (section 17). Additionally, the continued operation of certain provisions during the transitional period implies that failure to adhere to these obligations could result in legal repercussions, although the exact nature of these penalties is not specified within the extract.
- Area of Law
- Commercial Law
- Corporate Law & Governance
- Employment & Labour Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
