Stevedoring Industry Levy Collection Regulations (Cth)

Stevedoring Industry Levy Collection Regulations

Statutory Rules 1977 No. 237 as amended

made under the

Stevedoring Industry Levy Collection Act 1977

This compilation was prepared on 23 September 2004

taking into account amendments up to SR 1994 No. 453

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Citation [see Note 1]

 These Regulations may be cited as the Stevedoring Industry Levy Collection Regulations.

2Interpretation

 In these Regulations:

accounting officer has the same meaning as in the Audit Act 1901.

container system unit means a container (including a lift van or a tank, but not including a vehicle):

• (a)

  designed for repeated use as a unit of cargo-handling equipment in the transport of goods by ships or aircraft specially constructed, adapted or equpped for the handling and carrying of containers of the kind to which the container belongs in the course of a transportation system in which goods are transported to, in and from the ship or aircraft in containers of that kind; and

• (b)

  fitted with devices to permit its ready handling in the course of that system;

and includes normal accessories and equipment of such a container when exported from Australia with the container.

Department means the Department of Industrial Relations.

mobile equipment means any of the following items of equipment, that is to say:

• (a)

  a mobile crane;

• (b)

  a fork-lift;

• (c)

  a straddle truck;

• (d)

  a front-end loader;

• (e)

  an item of road-making equipment;

• (f)

  an item of earth-moving equipment;

being an item of equipment operated principally by a volatile spirit, steam, gas, oil, electricity or any other means other than human or animal power.

public moneys has the same meaning as in the Audit Act 1901.

Receiver of Public Moneys means, in relation to an office of the Department, an accounting officer at the office charged with collecting public moneys comprising levy or amounts payable to the Commonwealth under section 7 of the Act.

Secretary means the Secretary to the Department.

the Act means the Stevedoring Industry Levy Collection Act 1977.

vehicle means a car, truck, lorry, prime-mover, tractor, motor cycle or other motor vehicle, and includes a trailer or caravan.

4Prescribed document for the purposes of subsection 3 (2) of the Act

 For the purposes of subsection 3 (2) of the Act, the statement referred to insubsection 8A (1) of the Act is a prescribed document.

7Returns

 For the purposes of paragraph 6 (3) (a) of the Act, the Secretary to the Department is the prescribed person.

8Manner of payment of levy

Payment of levy and of amounts payable under section 7 of the Act is to be made by forwarding the amount payable to:

 

The Collector of Public Moneys

Department of Industrial Relations

GPO Box 9879

CANBERRA ACT 2601.

9Form of warrant under section 10 of the Act

For the purposes of section 10 of the Act, a warrant shall be in accordance with Form 2 in the Schedule.

10Overpayments

 Where an employer has paid an amount to the Commonwealth by way of levy in relation to a period, being an amount in excess of the amount of levy payable by him in relation to that period, the Secretary shall cause the amount of that overpayment to be repaid to the employer.

11Records to be kept

 An employer shall keep full records relating to his employment of stevedoring employees; for a period of 6 years after the employment to which those records relate.

Penalty:   10 penalty units.

12Information to be given to prescribed person

• (1)

  An employer shall furnish such information as:

  • (a)

    he has in relation to his employment of stevedoring employees; and

  • (b)

    a prescribed person requires him to give;

  to that prescribed person.

  Penalty:   10 penalty units.

• (2)

  In subregulation (1), prescribed person means the Secretary or a person who is an authorized person, or is included in a class of authorized persons, for the purposes of section 10 of the Act.

Schedule

Form 2

(regulation 7)

Stevedoring Industry Levy Collection Act

SEARCH WARRANT UNDER SUBSECTION 10 (3)

To: [full name], an authorized person within the meaning of section 10 of the Stevedoring Industry Levy Collection Act 1977.

WHEREAS, on an application under subsection 10 (2) of that Act in relation to premises at , I, [full name], a Justice of the Peace, am satisfied, by information on oath (or affirmation):

(a) that there is reasonable ground for believing that there are on those premises books [or documents or papers or as the case may be] relating to the employment of stevedoring employees within the meaning of that Act, being employment in respect of which levy imposed by the Stevedoring Industry Levy Act 1977 is, or may be, payable; and

(b) that the issue of a warrant is reasonably required for the purposes of that first-mentioned Act:

YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at , during the hours of  [or at any time], and if necessary by force, for the purpose of exercising the functions of an authorized person under section 10 of that first-mentioned Act, namely, to search for, inspect, take extracts from and make copies of, any books [or documents or papers or as the case may be] relating to the employment of stevedoring employees, being employment in respect of which such a levy is, or may be, payable:

AND for so going, this shall be your sufficient warrant.

Dated this day of 19 .

 Justice of the Peace

Notes to the Stevedoring Industry Levy Collection Regulations

Note 1

The Stevedoring Industry Levy Collection Regulations (in force under the Stevedoring Industry Levy Collection Act 1977) as shown in this compilation comprise Statutory Rules 1977 No. 237 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1977 No. 237	2 Dec 1977	2 Dec 1977
1978 No. 163	5 Sept 1978	5 Sept 1978	—
1982 No. 85	23 Apr 1982	23 Apr 1982	—
1991 No. 12	5 Feb 1991	5 Feb 1991	—
1991 No. 14	5 Feb 1991	5 Feb 1991	—
1994 No. 289	18 Aug 1994	18 Aug 1994	—
1994 No. 453	30 Dec 1994	18 Aug 1994	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2.........................................	am. 1978 No. 163; 1982 No. 85
R. 3.........................................	rep. 1994 No. 289
R. 4.........................................	am. 1994 No. 289
R. 5.........................................	am. 1978 No. 163
rs. 1991 No. 14
rep. 1994 No. 289
R. 6.........................................	am. 1991 No. 12
rep. 1994 No. 289
R. 8.........................................	rs. 1982 No. 85; 1991 No. 14
Rr. 11, 12...............................	am. 1991 No. 12; 1994 No. 289
Schedule................................	am. 1978 No. 163; 1994 Nos. 289 and 453
Form 1....................................	am. 1978 No. 163
rep. 1994 No. 289
Form 2....................................	am. 1994 No. 453