Stevedoring Industry Charge Assessment Act 1967

Legislation au C1967A00111 Not in force Act

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Stevedoring Industry Charge Assessment

 

No. 111 of 1967

An Act to amend the Stevedoring Industry Charge Assessment Act 1947-1966.

[Assented to 14 November 1967]

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 1967.

(2.) The Stevedoring Industry Charge Assessment Act 1947-1966 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 1947-1967.


Commencement.

2. This Act shall come into operation on the date fixed under sub-section (2.) of section 2 of the Stevedoring Industry Charge Act (No. 2) 1967.

Interpretation.

3. Section 4 of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the definition of “agent”, the following definitions:—

“‘class A waterside worker’ means a waterside worker who—

(a) is employed on a weekly hiring; and

(b) is a waterside worker to whom the Fund relates;

‘class B waterside worker’ means a waterside worker (not being a class A waterside worker) who is a waterside worker to whom the Fund relates;

‘class C waterside worker’ means a waterside worker who is not a class A waterside worker or a class B waterside worker;”;

(b) by inserting in that sub-section, after the definition of “the Commissioner”, the following definition:—

“‘the Fund’ means the Stevedoring Employees’ Retirement Fund referred to in the recitals to the trust deed made on the sixth day of October, One thousand nine hundred and sixty-seven, between the Association of Employers of Waterside Labour, an association registered as an organization under the Conciliation and Arbitration Act 1904-1967, of the first part, and—

(a) Charles Henry Fitzgibbon;

(b) John Christian Beitz;

(c) Colin Lindsay Craig;

(d) John Sydney Joblin; and

(e) Denis John Stilwell,

of the second part;”;

(c) by inserting in that sub-section, after the definition of “waterside worker”, the following definition:—

“‘waterside worker to whom the Fund relates’ means a waterside worker who—

(a) is eligible to become, or is, a contributing member of the Fund;


(b) is eligible to become a contributing member of the Fund only with the consent of the trustees of the Fund;

(c) would be eligible to become a contributing member of the Fund if the trustees of the Fund had not refused their consent to his becoming a contributing member of the Fund;

(d) is a non contributing member of the Fund and would, if he were not and had never been a member of the Fund, be eligible to become a contributing member of the Fund; or

(e) has ceased to be a member of the Fund and would, if he had never been a member of the Fund, be eligible to become a contributing member of the Fund;”;

(d) by inserting after sub-section (1.) the following sub-section:—

“(1a.) For the purposes of this Act, the number of man-weeks of employment by an employer during the period to which any return or assessment under this Act relates is the sum of the number of weeks, being weeks ending on a Sunday that occurs in that period, during the whole or a part of which each class A waterside worker employed by the employer was engaged after the commencement of the Stevedoring Industry Charge Assessment Act 1967 in work, whether on behalf of the employer or of some other person, as a waterside worker.”; and

(e) by omitting from sub-section (2.) the words “waterside worker” and inserting in their stead the words “class B waterside worker or class C waterside worker”.

Exemption from charge—certain permanent employees.

4. Section 11a of the Principal Act is amended by inserting in paragraph (a) of sub-section (1.), after the words “waterside worker”, the words “is a class C waterside worker and”.

Person liable.

5. Section 12 of the Principal Act is amended by omitting sub-sections (2.) and (3.).

Returns by employers.

6. Section 13 of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) An employer shall, within fourteen days after the end of each month of the year, furnish to the Commissioner a return, in accordance with a form approved by the Commissioner, of—

(a) the man-weeks of employment by him during each pay period ending in that month;


(b) the man-hours of employment by him in respect of class B waterside workers during each pay period ending in that month; and

(c) the man-hours of employment by him in respect of class C waterside workers during each pay period ending in that month,

together with such particulars as are specified in the form.”.

 

Overview

The Stevedoring Industry Charge Assessment Act 1967 was enacted to amend the Stevedoring Industry Charge Assessment Act 1947-1966, addressing the need for updated regulations within the stevedoring industry to ensure accurate assessments and reporting. This Act was assented to on 14 November 1967 by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary purpose of this legislation is to refine the classifications of waterside workers and adjust the responsibilities of employers regarding the reporting of employment details. This amendment reflects a policy objective to streamline the assessment process and enhance the management of the Stevedoring Employees' Retirement Fund by clearly defining worker classifications and the related employer obligations.

Scope and Application

The Stevedoring Industry Charge Assessment Act 1967 amends the Stevedoring Industry Charge Assessment Act 1947-1966, introducing specific changes that pertain to the stevedoring industry, particularly focusing on the classification and assessment of waterside workers. This Act applies to employers within the stevedoring industry and their employees, specifically targeting those engaged in work as waterside workers. The geographic reach of the Act is nationwide, applying throughout the Commonwealth of Australia. It does not explicitly state exclusions, but it does provide exemptions, such as for certain permanent employees who are classified as class C waterside workers. The Act also specifies that the number of man-weeks of employment by an employer is calculated based on the engagement of class A waterside workers. The application of this Act may be further detailed through subordinate instruments, which may provide additional definitions, forms for returns, or other specific requirements necessary for the implementation and enforcement of the legislation.

Key Provisions

The Stevedoring Industry Charge Assessment Act 1967 (hereafter referred to as the Act) makes several amendments to the existing Stevedoring Industry Charge Assessment Act 1947-1966 (the Principal Act). The Act introduces new categories of waterside workers, specifically class A, class B, and class C waterside workers (section 3(a)), and redefines certain terms, including "the Fund" (section 3(b)) and "waterside worker to whom the Fund relates" (section 3(c)). Additionally, it amends the definition of man-weeks of employment (section 3(d)) and modifies the conditions under which an exemption from the charge applies to certain permanent employees (section 4). Furthermore, the Act streamlines the person liable for the charge by removing subsections (section 5), and updates the requirements for returns by employers, specifying new reporting elements (section 6). Under the Act, employers must adhere to several obligations. Firstly, they must classify their waterside workers into the newly defined categories (class A, class B, and class C) and report the man-weeks of employment for each category to the Commissioner within fourteen days after the end of each month (section 6(1)). This requirement entails precise calculations and accurate record-keeping to ensure compliance with the Act. Employers must also ensure that their reporting forms are in line with the approved format specified by the Commissioner, incorporating all necessary particulars as outlined in the prescribed form. The Act stipulates certain offences and penalties for non-compliance. While specific penalties are not detailed within the text provided, it is reasonable to infer that breaches of the reporting obligations or failure to accurately classify workers could lead to enforcement actions. Typically, such breaches might result in fines or other administrative penalties as prescribed under the broader legislative framework governing stevedoring industry charges. Employers who fail to submit the required returns or provide incorrect information may face legal consequences, potentially including financial penalties or other enforcement measures to ensure compliance with the Act. In summary, the Stevedoring Industry Charge Assessment Act 1967 introduces significant changes to the classification and reporting requirements for waterside workers, imposes clear obligations on employers to report employment data accurately, and likely carries penalties for non-compliance, though specific penalties are not detailed in the excerpt provided.

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Taxation Law
Instrument
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Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.