Stevedoring Industry Charge Act 1958

Overview

The Stevedoring Industry Charge Act 1958 was enacted to amend the Stevedoring Industry Charge Act 1947–1957, addressing the need to adjust the rate of the charge for the employment of waterside workers. This amendment was assented to by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia on 3 April 1958. The primary objective of this legislation was to revise the financial charge applicable to employers in the stevedoring industry, ensuring it reflects the updated economic conditions and operational requirements. The Act, which came into operation on 1 April 1958, specifies new rates for the charge effective from 1 July 1959, thereby ensuring that employers are aware of and can plan for the forthcoming changes.

Scope and Application

The Stevedoring Industry Charge Act 1958 amends the existing Stevedoring Industry Charge Act 1947–1957, primarily modifying the rate of charge for the employment of waterside workers. This Act applies to any entity or individual employing waterside workers, with a specific focus on the stevedoring industry within Australia. The legislative changes set out in the Act are applicable nationwide, affecting the Commonwealth and any state or territory jurisdictions where the stevedoring industry operates. The Act sets a new rate for the employment of waterside workers, reducing the charge from three shillings per man-hour to two shillings and sixpence per man-hour, effective from July 1, 1959. The Act does not explicitly state any exclusions, exemptions, or thresholds, but its application is inherently limited to the employment of waterside workers within the stevedoring industry. The Act may be further defined or extended through subordinate instruments, which would provide additional regulatory details or specific operational guidelines.

Key Provisions

The Stevedoring Industry Charge Act 1958 primarily amends the rate of charge stipulated in the Stevedoring Industry Charge Act 1947–1957 (sections 1 and 4). Under section 1, this Act may be referred to as the Stevedoring Industry Charge Act 1958 and applies to the employment of waterside workers after the Act's commencement on 1 April 1958. The amendment specifically changes the rate of the charge for employing waterside workers. As per section 5(1), the rate was three shillings for every man-hour of employment before 1 July 1959, which was subsequently reduced to two shillings and sixpence per man-hour on and after 1 July 1959 (section 5(2)). The Act imposes specific obligations on employers and stevedoring companies to ensure compliance with the amended charge rates. Employers must accurately calculate and remit the charge for the employment of waterside workers based on the specified rates. This involves keeping detailed records of the number of man-hours worked by each employee, categorising these hours according to the applicable rate, and ensuring that the correct amount is charged and paid within the stipulated timeframes. The obligation extends to maintaining transparency in these records to facilitate audits or inspections by relevant authorities. Failure to comply with the amended charge rates or to maintain proper records can result in legal consequences. Under section 6 of the Principal Act, any employer or stevedoring company found guilty of non-compliance may be subject to penalties. These penalties include fines and, in severe cases, imprisonment. The exact penalties are not specified within the text but are likely to be detailed in the Principal Act or subsequent amendments. The overarching aim is to enforce adherence to the stipulated rates and ensure the fair and accurate application of the charge.