STEVEDORING INDUSTRY CHARGE ASSESSMENT.
No. 5 of 1958.
An Act to amend the Stevedoring Industry Charge Assessment Act 1947–1953.
[Assented to 3rd April, 1958.]
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 and citation.
1.—(1.) This Act may be cited as the Stevedoring Industry Charge Assessment Act 1958.
(2.) The Stevedoring Industry Charge Assessment Act 1947—1953 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Stevedoring Industry Charge Assessment Act 1947–1958.
Commencement.
2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2.) The amendments made by paragraph (b) of the next succeeding section and paragraph (a) of section four of this Act shall be deemed to have come into operation on the fourteenth day of August, One thousand nine hundred and fifty-six.
Interpretation.
3. Section four of the Principal Act is amended—
(a) by omitting from sub-section (1.) the definition of “stevedoring operations”; and
(b) by omitting from sub-section (1.) the definition of “waterside worker” and inserting in its stead the following definition:—
“‘waterside worker’ means a person who is registered, or deemed to be registered, as a waterside worker under the Stevedoring Industry Act 1956.”.
Officers to observe secrecy.
4. Section ten of the Principal Act is amended—
(a) by omitting paragraph (a) of sub-section (4.) and inserting in its stead the following paragraph:—
“(a) the Australian Stevedoring Industry Authority or a member or officer of that Authority;”;
(b) by omitting from paragraph (b) of sub-section (4.) the words “or the Commissioner of Land Tax”;
(c) by omitting from paragraph (c) of sub-section (4.) the words “or the Commissioner of Land Tax”;
(d) by adding at the end of paragraph (c) of sub-section (4.) the word “or”;
(e) by omitting from paragraph (d) of sub-section (4.) the word “or” (last occurring); and
(f) by omitting paragraph (e) of sub-section (4.).
Overview
The Stevedoring Industry Charge Assessment Act 1958 was enacted to amend the existing Stevedoring Industry Charge Assessment Act 1947–1953. This Act was introduced to address certain discrepancies and to refine the definitions and administrative framework within the stevedoring industry, thereby ensuring more precise regulation and oversight. Enacted by the Parliament of Australia, the primary policy objective of this legislation was to streamline the assessment processes and update the definitions pertinent to the stevedoring industry, particularly in relation to waterside workers and the relevant authorities responsible for their oversight.
This Act, which came into operation on the day of Royal Assent, aimed to integrate recent legislative changes, specifically those introduced by the Stevedoring Industry Act 1956. By amending key sections, it sought to replace outdated definitions and to clarify the roles and responsibilities of the Australian Stevedoring Industry Authority, ensuring that the administration of stevedoring industry charges was both efficient and aligned with contemporary legislative standards.
Scope and Application
The Stevedoring Industry Charge Assessment Act 1958 amends the Stevedoring Industry Charge Assessment Act 1947–1953, introducing modifications that specifically apply to the definitions and procedural aspects of the original act. This legislation applies to individuals and entities involved in stevedoring operations, particularly focusing on waterside workers who are registered under the Stevedoring Industry Act 1956. The amendments extend to officers designated to observe secrecy, particularly those from the Australian Stevedoring Industry Authority. Geographically, this Act operates under the Commonwealth jurisdiction, impacting stevedoring activities across Australia. Notably, the Act removes certain definitions and roles previously included, such as those related to the Commissioner of Land Tax, thereby refining the scope of its application. While the Act itself outlines these changes, further application and interpretation may be extended or restricted through subordinate instruments issued under its authority.
Key Provisions
The Stevedoring Industry Charge Assessment Act 1958 introduces several key provisions to amend the existing Stevedoring Industry Charge Assessment Act 1947–1953. Firstly, section 1 establishes the citation and the new name of the amended Act as the Stevedoring Industry Charge Assessment Act 1947–1958. The commencement section, section 2, specifies that the Act shall come into operation on the day it receives Royal Assent, with certain amendments deemed to have come into force on a specific date, 14 August 1956. Section 3 revises the interpretation section of the Principal Act, removing the definitions of “stevedoring operations” and “waterside worker” and substituting a new definition for the latter, specifying that a “waterside worker” means a person registered, or deemed to be registered, under the Stevedoring Industry Act 1956.
The Act imposes several obligations and requirements on the parties it governs. Section 4 revises the secrecy provisions, requiring officers of the Australian Stevedoring Industry Authority to observe secrecy, and removes references to the Commissioner of Land Tax from the relevant subsections. This amendment ensures that only designated authority members and officers are bound by the secrecy requirements. Additionally, the removal of the Commissioner of Land Tax from these subsections streamlines the list of individuals required to observe secrecy, focusing solely on those directly involved with stevedoring operations.
Section 2 outlines the civil and criminal consequences for breaches of the Act. While specific offences, penalties, and maximum penalties are not detailed within the provided text, the Act's amendments suggest a framework where non-compliance with the secrecy provisions or other obligations could lead to legal repercussions. For instance, unauthorized disclosure of confidential information by an officer of the Australian Stevedoring Industry Authority could result in penalties under the relevant Acts governing such breaches. The omission of specific penalties in the provided text implies that further investigation into the Principal Act and related legislation would be necessary to fully understand the consequences of non-compliance.