Stevedoring Industry (Temporary Provisions) Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No.

 

REGULATIONS UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967-1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1971.

Dated this twenty-sixth day of August, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Phillip Lynch

Minister of State for Labour and National Service.

 

Amendments of the Stevedoring Industry (Temporary Provision’s) Regulations 

Commencement.

1. These Regulations shall come into operation on the first day of September, 1971.

Transfer from Part a 10 Part B of the register of waterside workers.

2. Regulation 5 of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—

“5. Where a waterside worker is registered in Part A of the register of waterside workers at a permanent port or a continuous port and is not less than sixty years of age, he may request the Authority to transfer Fits name to Part B of the register and the Authority shall transfer his name accordingly.”.

Cancellation of the registration of waterside workers.

3. After regulation 13 of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

“13a.—(1.) As soon as practicable after the commencement of this regulation, the Authority shall cancel the registration of each waterside worker whose name is in Part B of the register of waterside workers at a permanent port or a continuous port on the commencing date and was transferred from Part A to Part B of the register on or after the first day of September, 1967—

(a) under section 31a of the Stevedoring Industry Act; or

(b) under regulation 5 of these Regulations.

(2.) The next succeeding sub-regulation applies to a waterside worker at a permanent port or a continuous port, not being a waterside worker whose name is in Part B of the register of waterside workers at such a port on the commencing date—

(a) whose name was in Part A of the register of waterside workers at such a port on the commencing date and who attained the age of sixty-five years before that date; or

(b) who attains the age of sixty-five years on or after that date.

 

* Notified in the Commonwealth Gazette on 1971.

  Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 119; 1969, Nos. 23 and 170; and 1970, Nos. 109 and 118.

18552/71—Price 5c 10/20.8.1971

 

“(3.) Notwithstanding section 31a of the Stevedoring Industry Act, the Authority shall, subject to the next succeeding sub-regulation, cancel the registration of a waterside worker to whom this sub-regulation applies—

(a) in the case of a waterside worker who attained the age of sixty-five years before the commencing date or attains that age on or within one month after that date—as soon as practicable after—

(i) the expiration of two weeks after the commencing date; or

(ii) he attains the age of sixty-five years,

whichever last occurs; or

(b) in the case of any other waterside worker—as soon as practicable after he attains the age of sixty-five years.

“(4.) The registration of a waterside worker to whom the last preceding sub-regulation applies shall not be cancelled in accordance with that sub-regulation if—

(a) in the case of a waterside worker referred to in paragraph (a) of the last preceding sub-regulation—within two weeks after the commencing date; or

(b) in the case of any ether waterside worker—within one month before he attains the age of sixty-five years,

the waterside worker and the association of employers at the port at which the waterside workers is registered request the Authority not to cancel his registration.

“(5.) The Authority shall cancel the registration of a waterside worker to whom sub-regulation (3.) of this regulation applies and whose registration would have been cancelled but for the last preceding sub-regulation—

(a) as soon as practicable after he attains the age of seventy years; or

(b) if, before he attains that age, the waterside worker or the association of employers, by notice in writing furnished to the Authority, withdraws his or its request with respect to the waterside worker under the last preceding sub-regulation—as soon as practicable after the notice is received by the Authority.

“(6.) In this regulation, ‘the comencing date’ means the first day of September, 1971.”.

4. Regulation 27r of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—

Cancellation on redundency.

27r. The registration of a waterside worker at the port that would have been cancelled under sub-regulation (3.) of regulation 13a of these Regulations but for the operation of sub-regulation (4.) of that regulation shall, on the date of the making of the declaration of redundancy, be cancelled.”.

5. After regulation 27w of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

Cancellation on redundancy.

“27wa. The registration of a waterside worker at the port that would have been cancelled under sub-regulation (3.) of regulation 13a of these Regulations but for the operation of sub-regulation (4.) of that regulation shall, on the date of the making of the declaration of redundancy, be cancelled.”.

 

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