Stevedoring Industry (Temporary Provisions) Amendment Act 1976 (Cth)

STEVEDORING INDUSTRY (TEMPORARY

PROVISIONS) AMENDMENT ACT 1976

No. 48 of 1976

An Act to amend the Stevedoring Industry (Temporary Provisions) Act 1967-1974.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Stevedoring Industry (Temporary Provisions) Amendment Act 1976.

(2) The Stevedoring Industry (Temporary Provisions) Act 1967-1974 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Stevedoring Industry (Temporary Provisions) Act 1967-1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Cessation of operation of Act.

3. Section 4 of the Principal Act is amended by omitting the word and figures “1 July 1976” and substituting the word and figures “1 January 1977”.

Refund of part of charge in respect of certain waterside workers employed by Fremantle Port Authority.

4. After section 7b of the Principal Act the following section is inserted:—

“7c. (1) This section applies to persons—

(a) who are employed by the Fremantle Port Authority as crane drivers and have been so employed continuously since before the commencement of this section;

(b) who are registered as waterside workers under the Stevedoring Industry Act; and

(c) in respect of whom the Fremantle Port Authority is liable to pay long service leave benefits and contributions for superannuation benefits.

“(2) Subject to any direction of the Minister, where the Australian Stevedoring Industry Authority is satisfied that the Fremantle Port Authority has paid the charge imposed by the Stevedoring Industry Charge Act 1947-1975 in respect of the employment, after the commencement of this section, of persons to whom this section applies, the Australian Stevedoring Industry Authority may pay to the Fremantle Port Authority an amount equal to such part of the charge so paid as the Australian Stevedoring Industry Authority considers appropriate having regard to—

(a) the proportion of the amounts paid to the Australian Stevedoring Industry Authority under section 46 of the Stevedoring Industry Act that, from time to time, is applied by the Australian Stevedoring Industry Authority for the purpose of meeting the cost to the holding company of the contributions referred to in paragraph (e) of sub-section (1) of section 7 of this Act; and

(b) the amount of the expenditure of the Australian Stevedoring Industry Authority that would be required for the purpose of provision for payment of long service leave benefits to persons to whom this section applies if they were entitled to long service leave in accordance with the Stevedoring Industry Act and the regulations under this Act.''.