Stevedoring Industry Charge Act 1971

Overview

The Stevedoring Industry Charge Act 1971 was enacted to amend the Stevedoring Industry Charge Act 1947–1967, addressing gaps in the regulation of charges for the employment of waterside workers in the stevedoring industry. This legislation was passed by the Australian Parliament and received Royal Assent on 25 May 1971. The primary objective of this Act was to adjust the rate of the charge for the employment of different classes of waterside workers, ensuring the rates remain within prescribed limits to balance the interests of employers and workers. The Act allows for the application of amended provisions from the date specified by proclamation, while also enabling the making of regulations before the specified commencement date, provided such regulations do not take effect until the proclaimed date.

Scope and Application

The Stevedoring Industry Charge Act 1971 amends the Stevedoring Industry Charge Act 1947-1967, which together form the legislative framework governing the imposition of a stevedoring industry charge. This Act applies to the employment of waterside workers in the stevedoring industry, specifically targeting the rates at which such workers are compensated. The amended Act sets out the charge rates for class A, B, and C waterside workers, each with a specified maximum per man-hour as prescribed. The application of this Act is limited to the employment of waterside workers following the date stipulated under section 2 of this Act. The Act extends its reach nationally, being a Commonwealth Act, and thus applies across Australia. Regulations can be made under the Principal Act as amended by this Act, which may further define or detail the application of the charge, though such regulations cannot come into effect before the specified date under section 2 of this Act.

Key Provisions

The Stevedoring Industry Charge Act 1971 (sections 1-5) amends the Stevedoring Industry Charge Act 1947–1967 by changing the rate of charge for employing waterside workers. Section 5 of the Principal Act is repealed and replaced with new rates for class A, B, and C waterside workers. The Act is divided into sections that specify the new rates, application date, and regulation-making provisions. The rate of the charge is now determined by the prescribed amount for each class of waterside worker, with a maximum of One dollar for class A, One dollar seventy-five cents for class B, and One dollar twenty cents for class C per man-hour. These provisions come into effect on the date fixed by Proclamation, as outlined in section 2 of the Act. The Stevedoring Industry Charge Act 1971 imposes obligations on employers in the stevedoring industry to pay the prescribed charges for employing waterside workers. These obligations are detailed in the new section 5, which replaces the previous section of the Principal Act. Employers must ensure they adhere to the specified rates for each class of worker, as outlined in the Act. This includes ensuring that all payments are made in accordance with the prescribed rates and that any applicable regulations are followed. The Act also allows for the making of regulations under the Principal Act, which must be done before the specified commencement date. The Act introduces civil and criminal consequences for non-compliance with the prescribed rates and obligations. While the Act does not explicitly state the maximum penalties for breaches, it is likely that penalties would be determined under the Principal Act or other relevant legislation. Offences could include failure to pay the correct charge, providing false information, or not adhering to the regulations. The penalties for these offences could range from fines to more severe penalties, depending on the nature and severity of the breach. It is important for employers to be aware of these potential consequences and ensure compliance with the Act to avoid any legal repercussions.