Transport Workers Regulations (Amendment) (Cth)

STATUTORY RULES.

1928. No. 111.

 

REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Transport Workers Act 1928 to come into operation as from the thirty-first day of October, One thousand nine hundred and twenty-eight.

Dated the thirtieth day of October, 1928.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

S. M. BRUCE

Minister of State for Trade and Customs.

 

Amendments of the Transport Workers Regulations.

(Statutory Rules 1928, No. 98.)

Definition.

1. Regulation 2 of the Transport Workers Regulations is amended by adding, at the end of the definition of “Waterside Worker”, the following words:—“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.”

2. After regulation 5 of the Transport Workers Regulations the following regulation is inserted:—

Licences for a group of ports.

“5a. (1) A licensing officer may be appointed for a group of ports, and in that case licences granted by him shall be in respect of all those ports.

(2) The appointment of a licensing officer may be varied by the inclusion of another port among the ports for which he is appointed, or by the exclusion of a port from among those for which he was previously appointed; and thereupon all licences granted by him before the variation shall be deemed to be in respect of the ports to which his appointment as so varied extends, and of no others.”

Issue of tickets.

3. Regulation 7 of the Transport Workers Regulations is amended by inserting in sub-regulation (1) after the word “port” the words “or ports”.

2840—Price 3d.

 

4. After regulation 8 of the Transport Workers Regulations the following regulation is inserted:—

Licence for another port.

“8a. (1) Where a waterside worker licensed in respect of a port or ports desires to obtain a licence in respect of another port, he may make an application in the Form D in the Schedule to the licensing officer for the latter port.

(2) An application made under this regulation shall be accompanied by a fee of one shilling.

(3) Upon receipt of the application, and upon receipt of the licence and ticket previously held by the applicant, the licensing officer may cancel that licence and ticket, and issue to the applicant a licence and ticket for the other port.”

5. Regulation 9 of the Transport Workers Regulations is amended—

(a) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

(1) A licensing officer may cancel a licence granted under these Regulations to a waterside worker in any case as to which he is satisfied that the worker after a licence has been granted to him—

(a) has refused or failed to comply with any lawful order or direction given in relation to his employment; or

(b) having offered for work or engaged to work as a waterside worker, has refused to work in accordance with the terms of a current award of the Commonwealth Court of Conciliation and Arbitration applying to waterside workers; or

(c) has, either alone or in company with other persons, exercised or attempted to exercise intimidation or violence in relation to, or used threatening or abusive language to, any transport worker or to any person who holds a licence under these Regulations; or

(d) has been convicted of an offence against these Regulations, or of an offence under Commonwealth or State law committed upon a wharf, pier, jetty, hulk, barge, or ship”; and

(b) by adding at the end thereof the following sub-regulation:—

(5) If, where a licence has been cancelled under paragraph (c) of sub-regulation (1) of this regulation, the Court on the hearing of an appeal against the cancellation of the licence is satisfied that the intimidation or violence, or the threatening or abusive language, had no relation to the employment of the transport worker, or to the fact that the transport worker had offered for, accepted, or continued in employment as a transport worker, the Court shall order the restoration of the licence.”

 

Unlicensed persons not to engage as waterside workers.

6. Regulation 10 of the Transport Workers Regulations is amended by inserting after the word “Regulations” the words “to engage as a waterside worker in respect of that port”.

Dual applications.

7. Regulation 15 of the Transport Workers Regulations is amended by inserting in paragraph (a) after the word “Regulations” the words “or under regulation 8a of these Regulations”.

8. At the end of the Schedule to the Transport Workers Regulations the following form is added:—

“Form D. COMMONWEALTH OF AUSTRALIA.

Transport Workers Act 1928.

Transport Workers Regulations.

application by licensed waterside worker for licence for another port.

(a) Here insert name in full.

(b) Here insert address in full.

(c) Here insert name of port at which applicant is licensed.

(d) Here insert name of port at which applicant desires to work as a waterside worker.

I, (a) of (b) a licenced waterside worker at the port of (c) hereby apply for a licence to engage as a Waterside Worker at the port of  (d).

Herewith are my present licence and the ticket issued to me thereunder.

Dated this day of , 192 .

Signature of Applicant.”

 

By Authority: H. J.