Stevedoring Industry Charge Regulations (Amendment)

Overview

The Stevedoring Industry Charge Regulations 1971 were enacted to amend the Stevedoring Industry Charge Regulations 1967, thereby addressing the need to adjust the prescribed amounts for the stevedoring industry charge. This legislative instrument was created under the authority of the Stevedoring Industry Charge Act 1947-1967, which was itself established to regulate charges associated with the stevedoring industry in Australia. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and commenced on 15 February 1971. The specific policy objective of these amendments was to update the financial parameters to reflect changes in economic conditions and ensure that the prescribed amounts accurately represented the cost of services provided by stevedores. The Regulations reflect a commitment to maintaining fair and updated financial standards within the stevedoring industry.

Scope and Application

The Stevedoring Industry Charge Regulations 1971, made under the Stevedoring Industry Charge Act 1947-1967, are applicable to the stevedoring industry in Australia, specifically targeting entities involved in the loading, unloading, and handling of goods from ships. The Regulations amend the prescribed amount for the charge levied on these services, reflecting updated economic conditions and operational costs. The geographic reach of the Regulations is national, applying to all stevedoring activities within the Commonwealth of Australia, and they extend to all stevedores and shipping companies operating in Australia. The Regulations do not specify exclusions or exemptions; however, they do provide for adjustments through subordinate instruments, enabling periodic updates to the charge amount. The Regulations came into operation on February 15, 1971, and are effective nationwide, ensuring uniformity in the application of stevedoring charges across all ports and terminals in Australia.

Key Provisions

The key provisions of these Regulations under the Stevedoring Industry Charge Act 1947-1967, which were made on 10 February 1971 and came into operation on 15 February 1971, primarily involve an amendment to the prescribed amounts outlined in the existing Stevedoring Industry Charge Regulations. Specifically, Regulation 4 is amended to adjust the monetary amount from "Sixteen dollars and eighty-five cents" to "Seventeen dollars fifty-five cents" (section 2). These Regulations are made under the authority of the Governor-General, Paul Hasluck, and with the advice of the Federal Executive Council. The Regulations impose certain obligations on parties governed by them. The main obligation is to adhere to the updated financial figures prescribed by the amendment. This involves updating any relevant records, documents, and systems to reflect the new amount. Businesses or individuals who are required to charge or pay the Stevedoring Industry Charge under the Act must ensure they are using the correct amount as specified by these Regulations. This could include stevedoring companies, ship owners, or other entities involved in the stevedoring industry. Failure to comply with these Regulations could result in civil or criminal consequences. While the specific penalties are not detailed in the text provided, under general Australian legislative principles, non-compliance with statutory regulations can lead to fines, legal action, or other enforcement measures. The exact nature and severity of the penalties would depend on the specific breach and the provisions of the Stevedoring Industry Charge Act 1947-1967, as well as any other relevant laws. If the breach is deemed serious enough, it could potentially result in criminal charges, leading to further penalties including imprisonment, although the exact maximum penalties are not specified in the text provided.