STEVEDORING INDUSTRY.
No. 58 of 1963.
An Act to suspend the making of Declarations under section fifty-two a of the Stevedoring Industry Act 1956-1962 and to permit the payment of Attendance Money to certain Waterside Workers.
[Assented to 28th October, 1963.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Stevedoring Industry Act 1963.
Commencement.
2. This Act shall be deemed to have come into operation on the seventeenth day of September, One thousand nine hundred and sixty-three.
Act to be read as one with the Stevedoring Industry Act.
3. This Act shall be read as one with the Stevedoring Industry Act 1956-1962.
Suspension of making of declarations with respect to port stoppages.
4.—(1.) Subject to the next succeeding sub-section, the Authority shall not, after the commencement of this Act, make a declaration under sub-section (1.) of section fifty-two a of the Stevedoring Industry Act 1956-1962.
(2.) The Governor-General may, by Proclamation—
(a) fix a date on and after which the last preceding sub-section does not prevent the Authority from making a declaration referred to in that sub-section; or
(b) fix a date on and after which the last preceding sub-section does not prevent the Authority from making a declaration referred to in that sub-section in relation to a port specified in the Proclamation.
Entitlement to attendance money not affected by suspensions before commencement of this Act.
5.—(1.) Any entitlement of a waterside worker to attendance money in respect of the day on which this Act is to be deemed to have come into operation or of any day after that day, not being a day that, by virtue of the next succeeding sub-section, is a prescribed day in relation to the waterside worker, is not affected by any suspension of his entitlement to attendance money that occurred before that first-mentioned day.
(2.) Where, by virtue of a Proclamation under sub-section (2.) of the last preceding section, a port ceases to be a port in relation to which the Authority is prevented from making a declaration referred to in sub-section (1.) of that section, every day after the day on which the port so ceased is, for the purposes of the last preceding sub-section, a prescribed day in relation to any waterside worker who was registered at the port on the day on which the port so ceased.
(3.) A day in respect of which a waterside worker is paid attendance money by virtue of this section—
(a) shall, for the purposes of sub-section (3b.) of section thirty-six of the Stevedoring Industry Act 1956–1962, be deemed not to be a day of the kind referred to in that sub-section; and
(b) shall, for the purposes of sub-section (4.) of section fifty-two a of the Stevedoring Industry Act 1956–1962, be deemed not to be a day of the kind referred to in paragraph (a) of that sub-section.
Overview
The Stevedoring Industry Act 1963, enacted by the Commonwealth Parliament of Australia, addresses a specific issue within the stevedoring sector, particularly relating to the payment of attendance money to waterside workers. This Act was brought into law to suspend the making of certain declarations under the Stevedoring Industry Act 1956-1962 and to ensure the continued payment of attendance money to certain waterside workers amidst operational changes or stoppages. By suspending the ability to make declarations that would otherwise halt the payment of such money, the Act aims to provide stability and continued support to workers who might otherwise be affected by such suspensions. This legislative intervention reflects a policy objective to maintain worker welfare and operational continuity within the stevedoring industry during periods of disruption.
Scope and Application
The Stevedoring Industry Act 1963 applies to the operations of the stevedoring industry within Australia. It specifically addresses the authority's ability to make certain declarations regarding port stoppages, as well as the entitlements of waterside workers to attendance money. This Act is to be read in conjunction with the Stevedoring Industry Act 1956-1962, ensuring continuity and coherence in the regulation of stevedoring activities. Geographically, the Act applies across the Commonwealth of Australia, and its provisions extend to all ports and stevedoring activities within the nation's jurisdiction. The Act does not explicitly state any exclusions or exemptions, but it does clarify that entitlements to attendance money for waterside workers are not affected by any suspensions that occurred before the Act's commencement. Additionally, the Governor-General has the power to make proclamations that can modify the application of the Act, such as specifying dates for when the restrictions on making declarations can be lifted, either generally or for particular ports.
Key Provisions
The main operative sections of the Stevedoring Industry Act 1963 (C1963A00058) include provisions regarding the suspension of certain declarations (section 4) and the entitlement to attendance money for waterside workers (section 5). Section 4 specifies that the Authority is prohibited from making a declaration under section fifty-two a of the Stevedoring Industry Act 1956-1962 after the commencement of this Act, except as may be permitted by the Governor-General through a Proclamation. This means that the Authority cannot declare a stoppage in port operations due to a dispute unless authorised by the Governor-General. Section 5 ensures that any waterside worker's entitlement to attendance money is not affected by any suspension that occurred before the Act came into operation, except in specific circumstances outlined in the section.
The Act imposes certain obligations and requirements on the parties it governs. For instance, the Authority is obligated to adhere to the suspension of making declarations under section fifty-two a unless otherwise specified by the Governor-General. Additionally, employers must ensure that waterside workers' entitlements to attendance money are maintained as per the provisions of section 5, which means they should not be prejudiced by any prior suspensions unless explicitly defined by the Act.
Offences and penalties are not explicitly stated within the provided text of the Act. However, it is reasonable to infer that any failure by the Authority to comply with the suspension of declarations, or by employers to adhere to the entitlement provisions for attendance money, might lead to legal consequences. These could include civil actions for breach of the Act or administrative penalties as prescribed by relevant laws or regulations. The maximum penalties, if applicable, would depend on the specific breach and the jurisdiction's legal framework at the time of the offence.