Stevedoring Industry Charge Regulations

Overview

The Stevedoring Industry Charge Regulations were enacted in 1967 as a legislative instrument under the Stevedoring Industry Charge Act 1947-1967. This regulatory framework was designed to address issues within the stevedoring industry, particularly in relation to the charges for labour and services provided in the context of maritime cargo handling. The regulations were enacted by the Federal Executive Council, with the assent of the Governor-General, to ensure compliance with the overarching legislative objectives outlined in the Stevedoring Industry Charge Act. The primary policy objective of these regulations is to standardise and regulate the charges for labour in the stevedoring industry, thereby providing clarity and fairness in the financial arrangements between employers and employees within this sector. These regulations aim to prevent discrepancies and disputes by setting specific prescribed amounts for labour charges per man-week, man-hour, and other related services.

Scope and Application

The Stevedoring Industry Charge Regulations, made under the Stevedoring Industry Charge Act 1947-1967, apply to the stevedoring industry in Australia, specifically targeting stevedoring operations conducted in Australian ports. These regulations establish the prescribed charges for stevedoring services provided to vessels in Australian waters, setting specific rates per man-week, per man-hour for different categories of workers involved in loading and unloading operations. The regulatory scope extends nationally, covering all stevedoring activities within the Commonwealth of Australia, as per the provisions outlined in the principal Act. While the Act and its regulations primarily focus on the financial aspects of stevedoring services, they do not explicitly detail exclusions, exemptions, or thresholds beyond the specified rates. The application of these regulations is further defined and potentially extended through subordinate instruments which may provide additional clarity or modifications to the initial legislative intent.

Key Provisions

The Stevedoring Industry Charge Regulations (C2004L01914) primarily serve to set the prescribed amounts for charges under the Stevedoring Industry Charge Act 1947-1967. According to section 4(1), the amount per man-week is set at $16.85. Similarly, section 4(2) specifies that the amount per man-hour is $0.80, and section 4(3) further specifies that for certain purposes, the amount per man-hour is $0.55. These sections provide the financial parameters within which stevedoring activities are regulated under the Act. Under these Regulations, stevedores and other entities involved in the stevedoring industry must adhere to the prescribed amounts outlined. This means they must charge and account for stevedoring services at the specified rates per man-week and per man-hour. These prescribed amounts are designed to standardise the costs associated with stevedoring services, providing a clear framework for both providers and recipients of these services. Breach of these Regulations could lead to various consequences. While the specific legal penalties are not detailed in the provided text, generally, non-compliance with statutory regulations can result in administrative penalties, fines, or legal action. The severity of these consequences can vary depending on the nature and extent of the breach, but they are intended to ensure adherence to the legislative framework and protect the interests of all parties involved in the stevedoring industry.