Stevedoring Industry Finance Committee Regulations (Amendment)

Overview

Statutory Rules 1978 No. 164, enacted under the Stevedoring Industry Finance Committee Act 1977, was introduced to provide regulatory oversight and financial management for the stevedoring industry in Australia. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and were notified in the Commonwealth of Australia Gazette on 5 September 1978. These regulations were designed to address specific financial and operational aspects of the stevedoring industry, ensuring that the industry's finances are managed efficiently and transparently. The policy objective of these regulations is to support the orderly transition and financial stability of the stevedoring sector, particularly in relation to the prescribed benefits and services for waterside workers as outlined in the Act.

Scope and Application

The Stevedoring Industry Finance Committee Regulations 1978 apply to entities and persons involved in the stevedoring industry, particularly focusing on financial aspects governed by the Stevedoring Industry Finance Committee Act 1977. This legislation is applicable at the Commonwealth level and is concerned with the administration of prescribed benefits and services within the stevedoring industry, including payments related to the transfer and sick leave of waterside workers. The regulations detail specific benefits, such as travelling allowances, transport costs, accommodation, and sustenance for workers transferring between ports, as well as sick leave entitlements. These regulations amend and extend the scope of the original Stevedoring Industry Finance Committee Regulations to include new prescribed benefits as outlined in the Act. The regulations do not specify exclusions or thresholds but rather provide a framework for determining the applicability of certain benefits within the industry. The application of these regulations may be further detailed through subordinate instruments, ensuring clarity and enforcement within the specified industry.

Key Provisions

The key provisions of the Stevedoring Industry Finance Committee Regulations (1978) outline what is required or permitted under the Act. For instance, regulation 1a provides a definition of 'the Act' for the purposes of these Regulations, clarifying that it refers to the Stevedoring Industry Finance Committee Act 1977. Regulation 2 amends the existing regulations by substituting the specific reference to the Stevedoring Industry Finance Committee Act 1977 with the term 'Act'. The new regulation added at the end of the document, regulation 3, specifies certain benefits that are considered of a prescribed kind under section 12 of the Act. These benefits include payments related to the temporary transfer of waterside workers between ports, such as travelling allowances, transport costs, and accommodation and sustenance costs. It also includes payments for accrued sick leave entitlements under an award or order of the Australian Conciliation and Arbitration Commission, provided the Authority was liable for these entitlements prior to the commencement of the Act. The Regulations impose several obligations on the parties and entities governed by them. Firstly, they require compliance with the definitions and stipulations provided within the Regulations, ensuring that any actions taken are in accordance with the specified terms. Specifically, regulation 3 outlines the types of benefits that are considered of a prescribed kind, which must be adhered to when dealing with waterside workers' entitlements and transfers. The Regulations also mandate that any payments made in relation to these benefits must be in line with the awards or orders of the Australian Conciliation and Arbitration Commission, ensuring consistency and fairness in the treatment of waterside workers. Breach of the provisions outlined in the Regulations can lead to various offences and penalties. The exact nature of these consequences is not detailed within the Regulations themselves, but they would typically be outlined in the primary Act, the Stevedoring Industry Finance Committee Act 1977. Generally, breaches of regulations can result in civil or criminal penalties, including fines or other sanctions, depending on the severity and intent of the breach. The maximum penalties would be specified in the primary Act and could vary based on the specific provision violated and the circumstances surrounding the breach. It is essential for parties and entities to fully understand and comply with the Regulations to avoid potential legal repercussions.