TRANSPORT WORKERS.
No. 3 of 1929.
An Act to amend the Transport Workers Act 1928.
[Assented to 16th March, 1929.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Transport Workers Act 1929.
(2.) The Transport Workers Act 1928 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Transport Workers Act 1928-1929.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Heading of Part I.
3. The Principal Act is amended by inserting before section one the words “Part I.—Preliminary.”.
4. After section one of the Principal Act, the following section is inserted:—
Parts.
“1a. This Act is divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Transport Workers.
Part III.—Waterside Workers.”.
5. Section two of the Principal Act is repealed and the following section inserted in its stead:—
Definitions.
“2. In this Act, unless the contrary intention appears—
‘licensing officer’ means a licensing officer appointed under this Act:
‘the Minister’ means the Minister for the time being administering this Act;
‘transport worker’ means a person offering for or engaged in work in or in connexion with the provision of services in the transport of persons or goods in relation to trade or commerce by sea with other countries or among the States;
‘waterside worker’ means a transport worker who offers or is engaged for work in the loading or unloading of ships as to cargo, coal, or oil fuel (whether for bunkers or not), and includes (except as otherwise declared by the Minister by notice in the Gazette) persons working in or alongside the ship in connexion with the direction or checking of the work of other waterside workers, but does not include except as otherwise declared by the Minister by notice in the Gazette)—
(a) the members of the crew of a ship on the ship’s articles: or
(b) the members of the crew of a lighter who do not handle cargo or bunker fuel.”.
Heading of Part II.
6. The Principal Act is amended by inserting before section three the words “Part II.—Transport Workers.”.
Regulations.
7. Section three of the Principal Act is amended by inserting after the word “regulations” the words “not inconsistent with this Act”.
8. The Principal Act is amended by adding after section three the following Part heading and sections:—
“Part III.—Waterside Workers.
Application of Part.
“4. This Part of this Act shall apply to waterside workers at such ports in the Commonwealth as are…
Overview
The Transport Workers Act 1929 was enacted to amend the Transport Workers Act 1928, addressing gaps and issues within the original legislation. This Act was passed by the Commonwealth Parliament with the aim of regulating transport workers, specifically focusing on waterside workers, by introducing licensing requirements and penalties for non-compliance. The Act ensures that only individuals holding valid licenses can engage in waterside work, thereby maintaining a controlled and orderly workforce in maritime operations. It also provides provisions for the appointment of licensing officers, the application process for licenses, and penalties for offenses related to unlicensed work, counterfeit licenses, and other breaches of the Act. This legislative amendment aimed to enhance the regulation and management of the waterside workforce, ensuring compliance and safety in maritime operations.
Scope and Application
The Transport Workers Act 1929, which amends the Transport Workers Act 1928, applies to persons who offer for or are engaged in work in or in connection with the provision of services in the transport of persons or goods by sea with other countries or among the states, as well as waterside workers who are involved in the loading or unloading of ships as to cargo, coal, or oil fuel. This legislation is applicable to specific ports within the Commonwealth as designated by the Minister through a notice in the Gazette. The Act also provides for the appointment of licensing officers by the Minister, who are responsible for administering the licensing process for waterside workers. The Act specifies the process for applying for, obtaining, renewing, and cancelling licenses, and it sets out various offences related to unlicensed work, unauthorised possession of licences, counterfeit licences, and other related matters. The Act further empowers the Governor-General to make regulations not inconsistent with the Act to facilitate its implementation. Notably, the Act allows existing licences and tickets issued under the Principal Act to continue in force, subject to regulations made under the Principal Act prior to the commencement of this Act.
Key Provisions
- The Transport Workers Act 1929, which amends the Transport Workers Act 1928, introduces several key provisions that govern the licensing and regulation of waterside workers, specifically those involved in the loading and unloading of ships at designated ports within the Commonwealth. The Act defines the scope of its application and the specific roles it covers, such as waterside workers and licensing officers, through its definitions section (section 2). It divides the legislation into Parts, with Part III focusing explicitly on waterside workers (section 4). The Act outlines the procedures for applying for and obtaining a waterside worker's licence, including the submission of an application form and payment of a fee (section 6(1)). Licensing officers, appointed by the Minister, are responsible for issuing these licences, which are valid for a specified period and can be renewed (sections 7 and 9). In cases where a licence is lost, destroyed, or illegible, a duplicate can be issued upon request and payment of a fee (section 10). Licences can also be transferred or cancelled under certain conditions, such as refusal to comply with lawful orders or engaging in prohibited activities (sections 11 and 12). The Act imposes a strict requirement that only those holding a valid licence can engage in waterside work at specified ports (sections 13 and 14). Additionally, the Act establishes various offences and corresponding penalties for violations, such as employing unlicensed workers, obstructing licensing officers, or making false statements in an application (sections 13 to 23). Penalties for these offences include fines and imprisonment terms, with specific maximum penalties noted (section 23). The Governor-General has the authority to make regulations that further detail the implementation of the Act (section 24). The Act also ensures that existing licences and tickets under the Principal Act remain in effect until they expire or are otherwise affected by new regulations (section 9).
- Area of Law
- Labour Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Licensing & Registration
- Offence Provisions
- Enforcement Powers
