Stevedoring Industry Levy Act 1977 (Cth)

Stevedoring Industry Levy Act 1977

Act No. 121 of 1977 as amended

[Note: This Act was repealed by Act No. 123 of 2005 on 26 October 2005]

This compilation was prepared on 15 November 2000

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 and Publishing,

Attorney‑General’s Department, Canberra

      

Contents

An Act to impose levies in respect of the employment of waterside workers

  1Short title [see Note 1]

 This Act may be cited as the Stevedoring Industry Levy Act 1977.

2Commencement [see Note 1]

 This Act shall come into operation on the date of commencement of the Stevedoring Industry Acts (Termination) Act 1977.

3Incorporation

 The Stevedoring Industry Levy Collection Act 1977 is incorporated and shall be read as one with this Act.

4Imposition of levies

• (1)

  Subject to subsection (2) and to section 10, levy is imposed in respect of the employment of stevedoring employees after the commencement of this Act, as follows:

  • (b)

    a levy in respect of the employment of stevedoring employees in, or in connexion with, the loading of cargo into ships by bulk means or the unloading of cargo from ships by bulk means;

  • (c)

    a levy in respect of the employment of stevedoring employees in the loading of local cargo into ships; and

  • (d)

    a levy in respect of the employment of stevedoring employees in the loading of overseas cargo into ships or the unloading of overseas cargo from ships.

• (2)

  The levies referred to in paragraphs (1)(c) and (d) are not imposed in respect of the employment of any stevedoring employees in the loading of cargo into, or the unloading of cargo from, a ship unless the employer of those stevedoring employees is required by subsection 6(2) of the Stevedoring Industry Levy Collection Act 1977 to furnish a return in respect of the loading of that cargo into the ship, or the unloading of that cargo from the ship, as the case may be.

6Rate of levy referred to in paragraph 4(1)(b)

 The rate of the levy referred to in paragraph 4(1)(b) is such amount per bulk handling worker‑hour of employment as is prescribed.

7Rate of levy referred to in paragraph 4(1)(c)

 The rate of the levy referred to in paragraph 4(1)(c) is such amount per tonne as is prescribed of local cargo loaded into ships.

8Rate of levy referred to in paragraph 4(1)(d)

 The rate of the levy referred to in paragraph 4(1)(d) is such amount per tonne as is prescribed of overseas cargo loaded into or unloaded from ships.

9Person liable

 Levy in respect of the employment of any stevedoring employees is payable by the employer of those stevedoring employees.

10Expiry of levy

 The levies referred to in paragraphs 4(1)(b), (c) and (d) are not imposed in respect of the employment of stevedoring employees after a date notified by the Minister in the Gazette as the date after which those levies cease to be imposed.

11Purpose of levy

 Levy is imposed to provide moneys for the purpose of enabling the Stevedoring Industry Finance Committee established by the Stevedoring Industry Finance Committee Act 1977 to perform its functions under that Act.

12Regulations

• (1)

  The Governor‑General may make regulations prescribing rates of levy for the purposes of this Act.

• (2)

  Before making a regulation under subsection (1) prescribing the rate of any levy, the Governor‑General shall take into consideration any recommendations with respect to the rate of that levy that have been made to the Minister by the Stevedoring Industry Finance Committee established by the Stevedoring Industry Finance Committee Act 1977.

13Expiry of Act

 If the Stevedoring Industry Finance Committee Act 1977 ceases to have effect under section 32 of that Act, this Act ceases to have effect at the same time.

Notes to the Stevedoring Industry Levy Act 1977

Note 1

The Stevedoring Industry Levy Act 1977 as shown in this reprint comprises Act No. 121, 1977 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Stevedoring Industry Levy Act 1977	121, 1977	10 Nov 1977	5 Dec 1977 (see s. 2 and Gazette 1977, No.S273)
Stevedoring Industry Levy Amendment Act 1985	197, 1985	16 Dec 1985	13 Jan 1986	—
Stevedoring Industry Levy Amendment Act 1990	10, 1991	21 Jan 1991	18 Feb 1991	—
Industrial Relations Legislation Amendment Act 1994	77, 1994	21 June 1994	Part 1 (ss. 1, 2): Royal Assent Part 3 (ss. 5, 6): 19 July 1994 Remainder: 18 Aug 1994 (see Gazette 1994, No. S306)	—

Table of Amendment

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 4 .......................................	am. No. 77, 1994
S. 5 .......................................	rs. No. 10, 1991
rep. No. 77, 1994
S. 6 .......................................	rs. No. 10, 1991
S. 7 .......................................	am. No. 197, 1985
rs. No. 10, 1991
S. 8 .......................................	rs. No. 10, 1991
S. 9 .......................................	am. No. 77, 1994
S. 9A ....................................	ad. No. 10, 1991
rep. No. 77, 1994
S. 10 .....................................	am. No. 77, 1994
S. 13 .....................................	ad. No. 77, 1994