Stevedoring Industry Legislation Amendment Act 1990 (Cth)
PART 1—PRELIMINARY
Section
1. Short title
PART 2—AMENDMENTS OF THE STEVEDORING INDUSTRY
FINANCE COMMITTEE ACT 1977
2. Principal Act
3. Interpretation
4. Constitution of Committee
5. Functions of Committee
6. Heading to Part III
7. Payments to employers in respect of satisfaction of award obligations
8. Repeal of section 8a
9. Repeal of section 12 and substitution of new section:
12. Other payments
10. Application of moneys of Committee
11. Contracts
12. Audit
13. Deputies
14. Meetings of the Committee
15. Minor amendments
PART 3—AMENDMENTS OF THE STEVEDORING INDUSTRY LEVY
COLLECTION ACT 1977
16. Principal Act
17. Interpretation
18. Penalty for non-payment
19. Offences relating to returns etc.
TABLE OF PROVISIONS—
Section
20. Access to premises, books etc.
21. Regulations
22. New Schedule
23. Minor amendments
SCHEDULE 1
MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY FINANCE
COMMITTEE ACT 1977
SCHEDULE 2
SCHEDULE
SCHEDULE 3
MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY LEVY COLLECTION
ACT 1977
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
3. Section 3 of the Principal Act is amended:
(a) by inserting the following definitions:“
‘ACTU’ means the Australian Council of Trade Unions;
‘Authority’ means the Waterfront Industry Reform Authority referred to in clause 4 of the Reform Agreement;
‘levy’ means levy imposed by theStevedoring Industry Levy Act 1977 ;
‘Reform Agreement’ means the Waterfront Industry Reform ‘In-principle’ Agreement that was entered into by the Commonwealth on 31 October 1989 with:(a) the ACTU; and
(b) 8 organisations registered under the
Industrial Relations Act 1988 with members employed in the stevedoring industry; and(c) 1 employer in the stevedoring industry; and
(d) 7 Waterside Workers’ Federation of Australia Joint Venture Stevedoring companies; and
(e) the Association.
(b) by omitting the definitions of “approved bank” and “Fund” and substituting the following definitions:“
‘approved bank’ means a bank as defined by subsection 5 (1) of theBanking Act 1959 , or:(a) another bank; or
(b) any other financial institution;
approved by the Treasurer;
‘Fund’ means the Stevedoring Employees’ Retirement Fund referred to in the recitals to the trust deed made on 6 October 1967 between the Association and 5 trustees.”.
“(aa) an officer of the Department;
(ab) a person appointed on the nomination of the Authority;”.
5. Section 6 of the Principal Act is amended:
(a) by omitting from paragraph (b) “imposed by theStevedoring Industry Levy Act 1977 ”;
(b) by inserting after paragraph (c) the following paragraph:“(ca) to make recommendations to the Minister as to when a levy should cease to apply to an employer in relation to the employment of waterside workers at a port;”.
7. (1) Section 8 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsections:“(1) Subject to subsection (1b), where the Committee is satisfied that the Association has, on or after the commencement of this subsection, incurred expenditure in discharging a relevant award obligation, the Committee must pay to the Association an amount equal to the amount of the expenditure.
“(1a) Subject to subsection (1b), where the Committee is satisfied that an employer has, on or after the commencement of this subsection, incurred expenditure in discharging a relevant award obligation, the Committee must:
(a) pay to the Association in respect of that employer; or
(b) pay to the employer;
an amount equal to the amount of that expenditure.
“(1b) The Committee must not pay an amount equal to expenditure incurred in discharging a relevant award obligation under subsection (1) or (1a) if:
(a) the obligation is in relation to a Division B waterside worker at a port; and
(b) the obligation came into existence on or after the finishing date in relation to that port.”;
(b) by omitting subsection 4 and substituting the following subsection:“(4) In this section:
‘finishing date’ has the same meaning as in section 9a of theStevedoring Industry Levy Act 1977 ;
‘relevant award obligation’ , in relation to an employer or in relation to an Association, means an obligation imposed on the employer or the Association, as the case may be, by an award or order of the Australian Conciliation Arbitration Commission or of the Australian Industrial Relations Commission, being an obligation that has been approved by the Minister and is described by the award or order as being a relevant award obligation for the purposes of this Act.”.
(2) Section 8 of the Principal Act continues to apply to expenditure referred to in that section incurred before the commencement of this Act as if the amendment made by subsection (1) had not been made.
8. Section 8a of the Principal Act is repealed.
“12. (1) Subject to any direction of the Minister, the Committee may, in addition to any payments under sections 8, 9, 10 and 11:
(a) make payments to the Association or to employers in respect of the provision of prescribed benefits to waterside workers; and
(b) make payments to the Association or to eligible persons in respect of the provision of prescribed benefits to eligible employees.
“(2) In this section:
(a) an employee who is eligible for the ‘one-off special retirement and redundancy package under clause 6 of the Reform Agreement; and
(b) a prescribed employee;
“(aa) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or recovery of levy; and
(ii) the payment, of amounts equal to the amounts of levy collected or recovered, to the Committee; and”.
13. Section 23 of the Principal Act is amended:
(a) by inserting in subsection (1) “(aa), (ab),” after “(a),”;
(b) by inserting in subsection (4) “(ab),” after “5 (1)”.
15. The Principal Act is further amended as set out in Schedule 1.
17. Section 3 of the Principal Act is amended:
(a) by inserting “or” at the end of paragraph (a) of the definition of “Division B waterside worker” in subsection (1);
(b) by omitting paragraph (b) from the definition of “Division B waterside worker” in subsection (1);
(c) by omitting from subsection (1) the definition of “local cargo” and substituting the following definition:“
‘local cargo’ means cargo that is consigned from a port in Australia to:(a) another port in Australia; or
(b) an off-shore industry fixed structure; or
(c) an off-shore industry mobile unit;
other than cargo consigned on a through bill of lading to or from a port outside Australia;”;
(d) by inserting in subsection (1) the following definitions:“
‘off-shore industry fixed structure’ has the meaning given to it in clause 2 of the Schedule;
‘off-shore industry mobile structure’ has the meaning given to it in clause 3 of the Schedule;”;
(e) by omitting from subsection (1) the definition of “participating party”;
(f) by omitting “by a participating party” (wherever occurring) from the definition of “waterside worker” in subsection (1);
(g) by inserting “and” at the end of paragraph (a) of the definition of “waterside worker” in subsection (1);
(h) by omitting “employed” (first occurring) from paragraph (b) of the definition of “waterside worker” in subsection (1);
(j) by omitting “and” from subparagraph (b) (vi) of the definition of “waterside worker” in subsection (1);
(k) by omitting paragraph (c) from the definition of “waterside worker” in subsection (1);
(m) by omitting subsection (3).
23. The Principal Act is further amended as set out in Schedule 3.
SCHEDULE 1 Section 15
MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY
FINANCE COMMITTEE ACT 1977
Omit the definition, substitute the following definition:
“
Omit “Chairman”, substitute “Chairperson”.
Omit “Chairman”, substitute “Chairperson”.
Insert “or her” after “his”.
Insert “or her” after “his”.
Insert “or her” after “his”.
Omit “him”, substitute “the Auditor-General”.
Omit “him”, substitute “the Auditor-General”.
(a) Omit “him” (first occurring), substitute “the Auditor-General”.
(b) Insert “or her” after “furnish him”.
Omit “Chairman” (wherever occurring), substitute “Chairperson”.
Insert “or her” after “his”.
Insert “or her” after “his” (wherever occurring).
Omit “Chairman” (wherever occurring), substitute “Chairperson”.
Omit “he”, substitute “the member”.
Omit “Chairman” (wherever occurring), substitute “Chairperson”.
Omit “Chairman” (wherever occurring), substitute “Chairperson”.
Omit “Chairman”, substitute “Chairperson”.
Omit “Chairman” (wherever occurring), substitute “Chairperson”.
Omit “Chairman” (wherever occurring), substitute “Chairperson”.
Omit “Chairman”, substitute “Chairperson”.
SCHEDULE 2 Section 22
New Schedule
SCHEDULE Section 39
INTERPRETATION FOR ADDITIONAL OPERATION OF ACT
1. In this Schedule, unless the contrary intention appears:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory;
(a) is fixed to the seabed and is not able to be moved as an entity from one place to another; and
(b) is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, being:
(i) the continental shelf of Australia; and
(ii) the seabed of the Australian coastal sea; and
(iii) the subsoil of that seabed.
(a) a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with, or incidental to, exploring or exploiting the natural resources of any or all of the following, being:
(i) the continental shelf of Australia;
(ii) the seabed of the Australian coastal sea;
(iii) the subsoil of that seabed;
by drilling the seabed or its subsoil, or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the vessel; or
(b) a structure (not being a vessel) that:
(i) is able to float or be floated; and
(ii) is able to move or be moved as an entity from one place to another; and
(iii) is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental
to, exploring or exploiting the natural resources of any or all of the following, being:
(a) the continental shelf of Australia;
(b) the seabed of the Australian coastal sea;
(c) the subsoil of that seabed;
by drilling the seabed or its subsoil, or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the structure; or
(c) a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures.
SCHEDULE 3 Section 23
MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY
LEVY COLLECTION ACT 1977
Omit “man-hours”, substitute “worker-hours”.
Insert “or she” after “he” (wherever occurring).
Insert “or her” after “him” (wherever occurring).
(a) Omit “man-hours” (wherever occurring), substitute “worker-hours”;
(b) Insert “or her” after “him” (wherever occurring).
Insert “or her” after “his”.
Insert “or she” after “he”.
Insert “or she” after “he”.
1. No. 123, 1977, as amended. For previous amendments, see No. 36, 1978; No. 140, 1984; Nos. 87 and 127, 1988; and No. 129, 1989.
2. No. 122, 1977, as amended. For previous amendments, see No. 80, 1982.
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House of Representatives on 12 September 1990
Senate on 15 October 1990
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