Stevedoring Industry Charge Assessment
No. 60 of 1971
An Act to amend the Stevedoring Industry Charge Assessment Act 1947–1967.
[Assented to 25 May 1971]
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 1971.
(2.) The Stevedoring Industry Charge Assessment Act 1947–1967 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 1947–1971.
Commencement.
2. This Act shall come into operation on the date fixed under subsection (2.) of section 2 of the Stevedoring Industry Charge Act 1971.
Interpretation.
3. Section 4 of the Principal Act is amended by omitting sub-sections (1a.) and (2.) and inserting in their stead the following sub-sections:—
“(2.) For the purposes of this Act, the number of man-hours of employment by an employer in respect of class A waterside workers, class B waterside workers or class C waterside workers during the period to which any return or assessment under this Act relates is—
(a) in the case of class A waterside workers—the number of complete hours in the sum of the prescribed periods of employment, within that period, for which each class A waterside worker employed by that employer was paid or entitled to be paid by him; and
(b) in the case of class B waterside workers or class C waterside workers—the number of complete hours in the sum of the periods of time, within that period, for which each class B waterside worker or class C waterside worker, as the case may be, employed by that employer was paid or entitled to be paid by him.
“(3.) A reference in paragraph (a) of the last preceding sub-section to a prescribed period of employment for which a class A waterside worker employed by an employer was paid or entitled to be paid by that employer is a reference to a period of employment for which the worker was so paid or entitled to be paid during which, or during a part of which, he was engaged in work as a waterside worker, whether on behalf of that employer or of another employer, other than any part of that period during which he was on leave to which he was entitled as a waterside worker.”.
Returns by employers.
4. Section 13 of the Principal Act is amended by omitting paragraph (a) of sub-section (1.) and inserting in its stead the following paragraph:—
“(a) the man-hours of employment by him in respect of class A waterside workers during each pay period ending in that month;”.
Overview
The Stevedoring Industry Charge Assessment Act 1971 was enacted to amend the existing Stevedoring Industry Charge Assessment Act 1947–1967. This legislation was introduced to address the need for updated definitions and procedures regarding the assessment of charges within the stevedoring industry. Enacted by the Australian Parliament, the Act aims to refine and clarify the interpretation and application of man-hours for various classes of waterside workers, ensuring that the charge assessments are accurately based on the actual hours worked. This amendment reflects a policy objective to enhance the administrative efficiency and accuracy of the stevedoring industry charge assessments, thereby contributing to a more equitable and effective regulatory framework.
Scope and Application
The Stevedoring Industry Charge Assessment Act 1971 amends the Stevedoring Industry Charge Assessment Act 1947–1967, applying to employers within the stevedoring industry who engage class A, B, and C waterside workers. The Act specifies the calculation of man-hours for these workers, which is essential for determining charges assessed under the principal Act. The Act applies on a national level within the Commonwealth of Australia and is intended to update and refine the assessment processes for stevedoring industry charges. There are no specific exclusions or exemptions mentioned within the text of this Act; however, it is likely that the application and interpretation of the Act will be further defined through subordinate instruments or regulations. These additional legislative instruments may extend or restrict the application of the Act by providing further details on the classification of workers and the precise calculation of man-hours for charge assessment purposes.
Key Provisions
The Stevedoring Industry Charge Assessment Act 1971 amends the Stevedoring Industry Charge Assessment Act 1947–1967, and is cited as the Stevedoring Industry Charge Assessment Act 1947–1971 when considered together with the amendments (section 1). This Act comes into effect on the date specified in the Stevedoring Industry Charge Act 1971 (section 2). The Act includes an amendment to the definition of man-hours of employment for class A, B, and C waterside workers (section 3). Specifically, for class A workers, the number of man-hours is based on complete hours during prescribed periods of employment, while for class B and C workers, it is based on the total hours paid or entitled, excluding any leave (section 3(2)).
Employers are required to provide returns detailing the man-hours of employment for class A waterside workers for each pay period ending in the month (section 4). These returns are essential for assessments under the Act and ensure that the correct charge is applied based on the employment hours of these workers. The obligation to provide these returns falls on employers, who must ensure accuracy and compliance with the definitions set out in the Act.
Failure to comply with the requirements of this Act, including providing accurate returns or employing workers without proper assessments, can lead to legal consequences. While the specific penalties are not detailed within the excerpt provided, it is common under Australian legislation for non-compliance with such statutory requirements to result in fines, legal action, or other penalties as determined by relevant authorities or courts. The severity of these penalties may depend on the nature and extent of the breach, as well as any previous instances of non-compliance.