STATUTORY RULES.
1928.
No. 98.
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 Regulations
under the Transport Workers Act 1928
to come into operation as from the twenty-sixth day of September, One thousand
nine hundred and twenty-eight.
Dated the twenty-fifth day of
September, 1928.
STONEHAVEN
Governor-General.
By His Excellency’s Command;
S. M. BRUCE
Minister of State for Trade and Customs.
Transport Workers Regulations.
Short
title.
1. These
Regulations may be cited as the Transport Workers Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears,—
“licensing
officer” means a licensing officer appointed under these Regulations;
“the
Schedule” means the Schedule to these Regulations;
“the
Minister” means the Minister of State for Trade and Customs and includes any
Minister or Member of the Executive Council for the time being acting on his
behalf;
“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.
Appointment
of licensing officers.
3. Subject to the
directions of the Minister the Comptroller-General of Customs may, for the
purposes of these Regulations, appoint licensing officers in respect of such
ports in the Commonwealth as he thinks fit.
2354.—Price 3d.
Licensing
of waterside workers.
4.—(1.)
Any person desiring to obtain a licence as a waterside worker at a port in
respect of which a licensing officer has been appointed, may make application
to that officer in accordance with Form A in the Schedule.
(2.) An application under this
Regulation shall be accompanied by a fee of one shilling.
Grant
of licences.
5. Where
an application is made under the last preceding regulation to a licensing
officer he may grant to the applicant a licence bearing a number and the name
of the port in respect of which it is granted and being in accordance with Form
B in the Schedule.
Duration
of licence.
6.—(1.) Each licence
granted under these Regulations shall, subject to these Regulations, remain in
force until the thirtieth day of June next following the date of the grant of
the licence.
(2.) A licence may be renewed upon
application-made at any time within fourteen days before the expiry of the term
of the licence.
(3.) An application made
under the last preceding sub-regulation shall be in accordance with Form C in
the Schedule and shall be accompanied by a fee of one shilling.
(4.) Any licence granted or renewed
upon application made at any time within fourteen days before the thirtieth day
of June in any year shall, subject to these Regulations, remain in force until
the thirtieth day of June in the next following year.
Issue
of tickets.
7.—(1.) Where a licence is
granted under these Regulations the licensing officer by whom it is granted
shall cause to be issued to the licensee a ticket bearing the same number and
the name of the same port as are shown in the licence.
(2.) Each ticket issued under this
regulation shall contain the name of the person to whom it is issued and shall
be signed in ink by that person and by the officer by whom it is issued.
Tickets
lost or destroyed.
8. In
the event of a ticket issued under these Regulations being lost or destroyed or
becoming illegible, there may be issued to the person to whom that ticket was
issued a duplicate thereof upon that person making a statutory declaration
declaring the circumstances of the loss or destruction or upon his surrendering
the illegible ticket (as the case may be) and upon his paying a fee of one
shilling.
Cancellation
of licences.
9.—(1.)
A licensing officer may cancel a licence granted under these Regulations to any
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;
(b) having offered for work or having 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 the work of waterside workers; or
(c)
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.
(2.) Any waterside worker whose
licence is cancelled under this Regulation may within fourteen days of the
cancellation appeal to a Court of summary jurisdiction against the cancellation
of the licence.
(3.) An appeal shall be by
summons calling upon the licensing officer to show cause why the cancellation
of the licence should not be set aside.
(4.) Upon the hearing of an appeal
the Court may confirm the cancellation or order the restoration of the licence
as it thinks fit.
Unlicensed
persons not to engage as waterside workers.
10. On
and after the first day of October 1928 no person shall engage as a waterside
worker on a wharf, pier, jetty, hulk, barge or ship at any port in respect of
which a licensing officer has been appointed unless that person is the holder
of a licence granted to him under these Regulations which licence is still in
force.
Unlicensed
person not to be employed.
11. On
and after the first day of October 1928 no person shall engage another person
as a waterside worker for work on any wharf, pier, jetty, hulk, barge or ship
at any port in respect of which a licensing officer has been appointed unless
that other person is the holder of a licence granted to him under these
Regulations which licence is still in force.
Production
of ticket.
12. Any
waterside worker who, while at work or when offering for work, upon being
requested so to do by a licensing officer or any person thereunto authorized in
writing by him, or by any officer of Police of the Commonwealth or of a State,
refuses or fails to produce the ticket issued to him under these Regulations
shall be guilty of an offence.
Unauthorised
possession of ticket.
13. No
person shall, except with lawful excuse (proof whereof shall lie upon him) have
in his possession any ticket which has not been issued to him under these
Regulations or, having been so issued to him, corresponds with a licence
granted to him which has since been cancelled, and any ticket so had in
possession by such person shall be handed over by him to a licensing officer.
Making
or using counterfeit ticket.
14. Any
person who, without lawful excuse, (proof whereof shall lie upon him) manufactures,
produces or uses any false or counterfeit ticket shall be guilty of an offence.
Dual
Applications &c.
15. Any
person who—
(a) being the holder of a licence under
these Regulations, applies for the grant to him of a licence otherwise than by
way of renewal under regulation 6 of these Regulations;
(b) was the holder of a licence which has
been cancelled and, within twelve months after the date of cancellation applies
for the grant to him of a licence; or
(c) applies for a licence in any other
name than his own, shall be guilty of an offence.
Right
of entry on ships.
16—(1.)
Any licensing officer or person thereunto authorized by him may, for the
purposes of these Regulations, go upon any wharf, pier; jetty, hulk, barge or
ship on or in which any waterside workers are employed.
(2.) Any person who obstructs the
entry of, or interferes with, any such officer or person in the execution of
his duty under this Regulation shall be guilty of an offence.
Incorrect
answers.
17. Any
person who makes any false statement in an application under these Regulations
shall be guilty of an offence.
Penalties.
18. Any
person who commits an offence against Regulation ten, twelve, thirteen,
fifteen, sixteen or seventeen of these Regulations shall upon conviction be
liable to a penalty not exceeding Ten pounds and any person who commits an
offence against Regulation eleven or fourteen of these Regulations shall upon
conviction be liable to a penalty not exceeding One hundred pounds.
THE SCHEDULE.
Form
A. COMMONWEALTH OF
AUSTRALIA.
Transport Workers Act 1928.
Transport Workers Regulations.
application for licence.
(a) Here insert name in full.
(b) Here insert address in full.
(c) Here insert name of port at which
applicant desires to work as a waterside worker.
I (a) of (b) hereby
apply for a licence to engage as a Watersides Worker at the port of (c)
Dated this day
of 192
Signature of Applicant.
To the Licensing Officer
Port of (c)
——
Form
b. No.
COMMONWEALTH
OF AUSTRALIA.
Transport Workers Act 1928.
Transport Workers Regulations.
licence.
In pursuance of the
above mentioned Act and Regulations of is
hereby licensed to engage as a waterside worker at the port of for
the period ending on the thirtieth day of June, 19
Dated this day
of 192
Licensing Officer,
Port of
——
Form
C.
COMMONWEALTH
OF AUSTRALIA.
Transport Workers Act 1928.
Transport Workers Regulations.
application for renewal of licence.
(a) Here insert name in full.
(b) Here insert address in full.
(c) Here insert name of port at which
applicant desires to work as a waterside worker.
(d) Date of existing licence.
I (a) of (b) hereby apply for the renewal of
licence No. granted
to me to engage as a waterside worker at the port of (c) on (d)
Dated this day
of 192 .
Signature of Applicant.
By
Authority: H. J. Green, Government
Printer, Canberra.