Stevedoring Industry Charge Assessment Act 1960

Overview

The Stevedoring Industry Charge Assessment Act 1960 was enacted to amend the existing Stevedoring Industry Charge Assessment Act 1947-1958. This Act was introduced by the Commonwealth Parliament to address certain administrative and procedural gaps in the collection and assessment of charges within the stevedoring industry. The legislative reform aimed to refine the definitions, exemptions, and processes concerning the charges levied on employers in the stevedoring sector. The policy objective underpinning the Act was to ensure a more streamlined and effective administration of industry charges, thereby maintaining fair and consistent practices in the stevedoring industry. The Act includes amendments to the definitions and procedural aspects to enhance the clarity and enforceability of the charge assessment provisions. This Act provides for amendments to the structure, exemptions, and administrative processes related to the stevedoring industry charge, aiming to simplify and clarify the application of charges within the industry. The changes introduced by this Act sought to ensure that the charge assessments are fair, consistent, and properly aligned with the legislative intent, thereby supporting the efficient operation of the stevedoring industry. The amendments focus on improving the definition of key terms, refining the exemption criteria for certain workers, and enhancing the overall administrative framework for the collection and assessment of charges.

Scope and Application

The Stevedoring Industry Charge Assessment Act 1960 amends the Stevedoring Industry Charge Assessment Act 1947-1958 to modify and expand the regulatory framework governing the stevedoring industry. This Act applies to employers and employees within the stevedoring industry, specifically targeting the imposition of charges and related administrative processes. It is applicable across the Commonwealth of Australia, thereby affecting all states and territories within the nation. The Act introduces exemptions for permanent waterside workers who are employed on a weekly hiring or a longer period, provided they do not receive certain benefits such as attendance money, public holiday payments, annual leave payments, and sick leave payments under an award or order of the Commonwealth Conciliation and Arbitration Commission. The Act also modifies the administrative provisions by altering definitions and references to a Second Commissioner of Taxation. The Act’s provisions are enforced through subordinate instruments, ensuring that the legislative intent is fully implemented and adhered to across the industry.

Key Provisions

The Stevedoring Industry Charge Assessment Act 1960 introduces several significant changes to the existing Stevedoring Industry Charge Assessment Act 1947-1958. One of the key provisions of this Act is the introduction of exemptions from the stevedoring charge for permanent waterside workers (section 11a). A waterside worker qualifies as a permanent waterside worker if they are employed on a weekly hiring or a hiring for a period longer than one week and are not subject to any Commonwealth awards or orders that provide for attendance money, public holiday payments, annual leave payments, or sick leave payments. If a waterside worker is a permanent waterside worker in relation to an employer at the commencement of the first pay period ending in a month, and they do not cease to be a permanent waterside worker before the end of the last pay period ending in that month, the charge is not payable for their employment during that month (section 11a(2)). Additionally, if a waterside worker was a permanent waterside worker immediately before the Act commenced, and the charge would not have been payable under section 11a, the charge is not payable for their employment at the time when the Act commenced (section 11a(3)). Employers are required to submit returns under the amended Principal Act (section 5). However, the requirement does not apply to employments in respect of which the charge is not payable by virtue of section 11a (section 5(2)). The Act also introduces additional amendments, including changes to the definition of "Second Commissioner" throughout the Principal Act (section 6). The definition of "Second Commissioner" is updated to mean "a Second Commissioner of Taxation," replacing the previous definition that referred to "the Second Commissioner of Taxation" (sections 4, 5, 8, 10, 23, 33). The Act imposes several obligations on employers, including the duty to accurately report and pay the stevedoring charge, as well as the obligation to provide necessary information to the Australian Stevedoring Industry Authority. Failure to comply with these obligations can result in civil and criminal consequences. For instance, section 34 of the Act outlines various offences related to the non-payment of the charge, including the unauthorised use of goods, wilful neglect, and fraudulent evasion of the charge. Penalties for these offences can include fines of up to 100 penalty units for individuals and 500 penalty units for bodies corporate, as well as imprisonment for up to two years. Furthermore, section 35 addresses the offence of failing to furnish returns, with penalties including fines of up to 50 penalty units. These penalties reflect the seriousness with which the Act regards compliance with its provisions and the importance of enforcing the stevedoring charge.