Stevedoring Industry Charge Act (No. 2) 1967

Overview

The Stevedoring Industry Charge (No. 2) Act 1967 was enacted to amend the Stevedoring Industry Charge Act 1947-1966 and its subsequent amendment by the Stevedoring Industry Charge Act 1967. This Act was passed to address issues related to the rates and regulations of the stevedoring industry charge, particularly concerning the employment of waterside workers. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the policy objective of this Act was to ensure that the charge rates for employing waterside workers were updated and regulated appropriately, thereby maintaining fairness and effectiveness within the stevedoring industry. This Act also empowered the Governor-General to make regulations not inconsistent with the Act, which would prescribe the amounts for the purposes of the charge as stipulated in section 5.

Scope and Application

The Stevedoring Industry Charge Act 1947-1967, as amended by the Stevedoring Industry Charge (No. 2) Act 1967, applies to the employment of waterside workers, specifically categorised into class A, class B, and class C, and governs the charges levied on their employment from the date specified by proclamation under the Act. The Act sets forth the rates of charges for these categories of workers and allows for the Governor-General to make regulations that prescribe the amounts for these charges, ensuring they do not exceed the specified limits. This Act extends its reach across the Commonwealth of Australia, applying uniformly to all entities and persons involved in the employment of waterside workers, and it is subject to the commencement provisions outlined within the Act. The Act also allows for its application to be extended or restricted through subordinate regulations, which may be made before the specified commencement date but shall not take effect until that date.

Key Provisions

The Stevedoring Industry Charge Act (No. 2) 1967 (Act) amends the Stevedoring Industry Charge Act 1947-1966, as previously amended by the Stevedoring Industry Charge Act 1967. The main operative sections of this Act are those that revise the rates of the charge payable for the employment of different classes of waterside workers and introduce new provisions regarding the making of regulations. Section 3 of the Act replaces the previous rate of charge outlined in the Principal Act with new rates for class A, class B, and class C waterside workers. Specifically, section 5(a) sets the rate for class A workers at an amount not exceeding $17.55 per man-week, section 5(b) sets the rate for class B workers at an amount not exceeding 80 cents per man-hour, and section 5(c) sets the rate for class C workers at an amount not exceeding 55 cents per man-hour. These rates are subject to periodic prescription by regulation. The Act imposes obligations on employers to pay the charge at the prescribed rates for the employment of waterside workers. Employers must ensure compliance with the specified rates when employing class A, class B, or class C waterside workers. The Governor-General is authorised under section 7 to make regulations that prescribe the amounts for the purposes of section 5, provided these regulations are not inconsistent with the Act. These regulations can be made at any time after the Act receives Royal Assent but before the date fixed for the commencement of certain sections under section 2(2) of the Act. For breaches of the Act, specific penalties and consequences are outlined. Although the Act does not explicitly detail penalties for non-compliance within its text, breaches of the charge provisions or failure to adhere to the prescribed rates may lead to legal actions under the Principal Act or other relevant legislation. Employers found to be in breach of their obligations may face financial penalties and potentially civil or criminal proceedings, depending on the severity of the breach and the discretion of the relevant authorities. The exact penalties would be determined in the context of any legal action taken under related laws.