Stevedoring Industry Legislation Amendment Act 1990

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2004A04084 Not in force Act

Legislation content

Stevedoring Industry Legislation
Amendment Act 1990

No. 9 of 1991

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

PART 2—AMENDMENTS OF THE STEVEDORING INDUSTRY
FINANCE COMMITTEE ACT 1977

2. Principal Act

3. Interpretation

4. Constitution of Committee

5. Functions of Committee

6. Heading to Part III

7. Payments to employers in respect of satisfaction of award obligations

8. Repeal of section 8a

9. Repeal of section 12 and substitution of new section:

12. Other payments

10. Application of moneys of Committee

11. Contracts

12. Audit

13. Deputies

14. Meetings of the Committee

15. Minor amendments

PART 3—AMENDMENTS OF THE STEVEDORING INDUSTRY LEVY
COLLECTION ACT 1977

16. Principal Act

17. Interpretation

18. Penalty for non-payment

19. Offences relating to returns etc.


TABLE OF PROVISIONS—continued

Section

20. Access to premises, books etc.

21. Regulations

22. New Schedule

23. Minor amendments

SCHEDULE 1

MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY FINANCE
COMMITTEE ACT 1977

SCHEDULE 2

SCHEDULE

SCHEDULE 3

MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY LEVY COLLECTION
ACT 1977

Stevedoring Industry Legislation
Amendment Act 1990

No. 9 of 1991

 

An Act to amend the law relating to the stevedoring
industry

[Assented to 21 January 1991]

[Date of commencement 17 February 1991]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Stevedoring Industry Legislation Amendment Act 1990.

PART 2—AMENDMENTS OF THE STEVEDORING INDUSTRY
FINANCE COMMITTEE ACT 1977

Principal Act

2. In this Part, “Principal Act” means the Stevedoring Industry Finance Committee Act 19771.

Interpretation

3. Section 3 of the Principal Act is amended:

(a) by inserting the following definitions:

“ ‘ACTU’ means the Australian Council of Trade Unions;

‘Authority’ means the Waterfront Industry Reform Authority referred to in clause 4 of the Reform Agreement;

‘levy’ means levy imposed by the Stevedoring Industry Levy Act 1977;

‘Reform Agreement’ means the Waterfront Industry Reform ‘In-principle’ Agreement that was entered into by the Commonwealth on 31 October 1989 with:

(a) the ACTU; and

(b) 8 organisations registered under the Industrial Relations Act 1988 with members employed in the stevedoring industry; and

(c) 1 employer in the stevedoring industry; and

(d) 7 Waterside Workers’ Federation of Australia Joint Venture Stevedoring companies; and

(e) the Association.

(b) by omitting the definitions of “approved bank” and “Fund” and substituting the following definitions:

“ ‘approved bank’ means a bank as defined by subsection 5 (1) of the Banking Act 1959, or:

(a) another bank; or

(b) any other financial institution;

approved by the Treasurer;

‘Fund’ means the Stevedoring Employees’ Retirement Fund referred to in the recitals to the trust deed made on 6 October 1967 between the Association and 5 trustees.”.

Constitution of Committee

4. Section 5 of the Principal Act is amended by inserting after paragraph (1) (a) the following paragraphs:

“(aa) an officer of the Department;

(ab)  a person appointed on the nomination of the Authority;”.

Functions of Committee

5. Section 6 of the Principal Act is amended:

(a) by omitting from paragraph (b) “imposed by the Stevedoring Industry Levy Act 1977”;

(b) by inserting after paragraph (c) the following paragraph:

“(ca) to make recommendations to the Minister as to when a levy should cease to apply to an employer in relation to the employment of waterside workers at a port;”.


Heading to Part III

6. The heading to Part III of the Principal Act is omitted and the following heading is substituted:

“PART III—PAYMENTS BY COMMITTEE”.

Payments to employers in respect of satisfaction of award obligations

7. (1) Section 8 of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsections:

“(1) Subject to subsection (1b), where the Committee is satisfied that the Association has, on or after the commencement of this subsection, incurred expenditure in discharging a relevant award obligation, the Committee must pay to the Association an amount equal to the amount of the expenditure.

“(1a) Subject to subsection (1b), where the Committee is satisfied that an employer has, on or after the commencement of this subsection, incurred expenditure in discharging a relevant award obligation, the Committee must:

(a) pay to the Association in respect of that employer; or

(b) pay to the employer;

an amount equal to the amount of that expenditure.

“(1b) The Committee must not pay an amount equal to expenditure incurred in discharging a relevant award obligation under subsection (1) or (1a) if:

(a) the obligation is in relation to a Division B waterside worker at a port; and

(b) the obligation came into existence on or after the finishing date in relation to that port.”;

(b) by omitting subsection 4 and substituting the following subsection:

“(4) In this section:

‘finishing date’ has the same meaning as in section 9a of the Stevedoring Industry Levy Act 1977;

‘relevant award obligation’, in relation to an employer or in relation to an Association, means an obligation imposed on the employer or the Association, as the case may be, by an award or order of the Australian Conciliation Arbitration Commission or of the Australian Industrial Relations Commission, being an obligation that has been approved by the Minister and is described by the award or order as being a relevant award obligation for the purposes of this Act.”.


(2) Section 8 of the Principal Act continues to apply to expenditure referred to in that section incurred before the commencement of this Act as if the amendment made by subsection (1) had not been made.

Repeal of section 8a

8. Section 8a of the Principal Act is repealed.

9. Section 12 of the Principal Act is repealed and the following section is substituted:

Other payments

“12. (1) Subject to any direction of the Minister, the Committee may, in addition to any payments under sections 8, 9, 10 and 11:

(a) make payments to the Association or to employers in respect of the provision of prescribed benefits to waterside workers; and

(b) make payments to the Association or to eligible persons in respect of the provision of prescribed benefits to eligible employees.

“(2) In this section:

‘eligible employee’ means:

(a) an employee who is eligible for the ‘one-off special retirement and redundancy package under clause 6 of the Reform Agreement; and

(b) a prescribed employee;

‘eligible person’ means a person who employs an eligible employee.”.

Application of moneys of Committee

10. Section 18 of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

“(aa) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i) the collection or recovery of levy; and

(ii) the payment, of amounts equal to the amounts of levy collected or recovered, to the Committee; and”.

Contracts

11. Section 19 of the Principal Act is amended by omitting “$20,000” and substituting “$100,000”.

Audit

12. Section 22 of the Principal Act is amended by omitting from subsection (7) “$200” and substituting “$1,000”.


Deputies

13. Section 23 of the Principal Act is amended:

(a) by inserting in subsection (1) “(aa), (ab),” after “(a),”;

(b) by inserting in subsection (4) “(ab),” after “5 (1)”.

Meetings of the Committee

14. Section 26 of the Principal Act is amended by omitting from subsection (4) “5” and substituting “7”.

Minor amendments

15. The Principal Act is further amended as set out in Schedule 1.

PART 3—AMENDMENTS OF THE STEVEDORING INDUSTRY
LEVY COLLECTION ACT 1977

Principal Act

16. In this Part, “Principal Act” means the Stevedoring Industry Levy Collection Act 19772.

Interpretation

17. Section 3 of the Principal Act is amended:

(a) by inserting “or” at the end of paragraph (a) of the definition of “Division B waterside worker” in subsection (1);

(b) by omitting paragraph (b) from the definition of “Division B waterside worker” in subsection (1);

(c) by omitting from subsection (1) the definition of “local cargo” and substituting the following definition:

“ ‘local cargo’ means cargo that is consigned from a port in Australia to:

(a) another port in Australia; or

(b) an off-shore industry fixed structure; or

(c) an off-shore industry mobile unit;

other than cargo consigned on a through bill of lading to or from a port outside Australia;”;

(d) by inserting in subsection (1) the following definitions:

“ ‘off-shore industry fixed structure’ has the meaning given to it in clause 2 of the Schedule;

‘off-shore industry mobile structure’ has the meaning given to it in clause 3 of the Schedule;”;

(e) by omitting from subsection (1) the definition of “participating party”;

(f) by omitting “by a participating party” (wherever occurring) from the definition of “waterside worker” in subsection (1);


(g) by inserting “and” at the end of paragraph (a) of the definition of “waterside worker” in subsection (1);

(h) by omitting “employed” (first occurring) from paragraph (b) of the definition of “waterside worker” in subsection (1);

(j) by omitting “and” from subparagraph (b) (vi) of the definition of “waterside worker” in subsection (1);

(k) by omitting paragraph (c) from the definition of “waterside worker” in subsection (1);

(m) by omitting subsection (3).

Penalty for non-payment

18. Section 7 of the Principal Act is amended by omitting from subsection (1) “10 per centum” and substituting “20%”.

Offences relating to returns etc.

19. Section 9 of the Principal Act is amended by omitting from subsection (1) “$300” and substituting “$1,500”.

Access to premises, books etc.

20. Section 10 of the Principal Act is amended by omitting from subsection (5) “$200” and substituting “$1,000”.

Regulations

21. Section 11 of the Principal Act is amended by omitting from paragraph (f) “$200” and substituting “$1,000”.

New Schedule

22. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act.

Minor amendments

23. The Principal Act is further amended as set out in Schedule 3.


SCHEDULE 1 Section 15

MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY
FINANCE COMMITTEE ACT 1977

Section 3 (definition of “Chairman”):

Omit the definition, substitute the following definition:

“ ‘Chairperson’ means the Chairperson of the Committee;”.

Section 3 (definition of “member of the Committee”):

Omit “Chairman”, substitute “Chairperson”.

Paragraph 5 (1) (a):

Omit “Chairman”, substitute “Chairperson”.

Subsection 5 (4):

Insert “or her” after “his”.

Subsection 22 (1):

Insert “or her” after “his”.

Subsection 22 (2):

Insert “or her” after “his”.

Subsection 22 (4):

Omit “him”, substitute “the Auditor-General”.

Subsection 22 (5):

Omit “him”, substitute “the Auditor-General”.

Subsection 22 (6):

(a) Omit “him” (first occurring), substitute “the Auditor-General”.

(b) Insert “or her” after “furnish him”.

Subsection 24 (1):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Paragraph 24 (1) (b):

Insert “or her” after “his”.

Subsection 24 (3):

Insert “or her” after “his” (wherever occurring).

Subsection 24 (4):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.


SCHEDULE 1—continued

Subsection 25 (1):

Omit “he”, substitute “the member”.

Subsection 26 (2):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Subsection 26 (3):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Subsection 26 (5):

Omit “Chairman”, substitute “Chairperson”.

Subsection 26 (6):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Subsection 26 (7):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Subsection 29 (5):

Omit “Chairman”, substitute “Chairperson”.


SCHEDULE 2 Section 22

New Schedule

SCHEDULE Section 39

INTERPRETATION FOR ADDITIONAL OPERATION OF ACT

1. In this Schedule, unless the contrary intention appears:

“Australian Coastal sea” means:

(a) the territorial sea of Australia; and

(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory;

“natural resources” means the mineral and other non-living resources of the seabed and its subsoil.

2. A reference in this Act to an off-shore industry fixed structure is to be read as a reference to a structure (including a pipeline) that:

(a) is fixed to the seabed and is not able to be moved as an entity from one place to another; and

(b) is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, being:

(i) the continental shelf of Australia; and

(ii) the seabed of the Australian coastal sea; and

(iii) the subsoil of that seabed.

3. A reference in this Act to an off-shore industry mobile unit is to be read as a reference to:

(a) a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with, or incidental to, exploring or exploiting the natural resources of any or all of the following, being:

(i) the continental shelf of Australia;

(ii) the seabed of the Australian coastal sea;

(iii) the subsoil of that seabed;

by drilling the seabed or its subsoil, or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the vessel; or

(b) a structure (not being a vessel) that:

(i) is able to float or be floated; and

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental


SCHEDULE 2—continued

to, exploring or exploiting the natural resources of any or all of the following, being:

(a) the continental shelf of Australia;

(b) the seabed of the Australian coastal sea;

(c) the subsoil of that seabed;

by drilling the seabed or its subsoil, or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the structure; or

(c) a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures.

4. The reference in paragraph 3 (a) or subparagraph 3 (b) (iii) to a vessel or other structure that is, or is to be, used in any operations or activities associated with or incidental to, exploring or exploiting particular natural resources includes a reference to such a vessel or other structure that is also used, or is also to be used, in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

5. The reference in paragraph 3 (c) to a barge or like vessel that is, or is to be, used in connection with the construction, maintenance or repair of off-shore industry fixed structures includes a reference to such a vessel that is also used, or is also to be used, in connection with the construction, maintenance or repair of other structures.


SCHEDULE 3 Section 23

MINOR AMENDMENTS OF THE STEVEDORING INDUSTRY
LEVY COLLECTION ACT 1977

Subsections 4 (1) and (3):

Omit “man-hours”, substitute “worker-hours”.

Subsection 4 (2):

Insert “or she” after “he” (wherever occurring).

Subsection 6 (1):

Insert “or her” after “him” (wherever occurring).

Subsection 6 (2):

(a) Omit “man-hours” (wherever occurring), substitute “worker-hours”;

(b) Insert “or her” after “him” (wherever occurring).

Subsection 7 (2):

Insert “or her” after “his”.

Paragraph 9 (1) (a):

Insert “or she” after “he”.

Subsection 10 (4):

Insert “or she” after “he”.

NOTES

1. No. 123, 1977, as amended. For previous amendments, see No. 36, 1978; No. 140, 1984; Nos. 87 and 127, 1988; and No. 129, 1989.

2. No. 122, 1977, as amended. For previous amendments, see No. 80, 1982.

[Minister’s second reading speech made in—

House of Representatives on 12 September 1990

Senate on 15 October 1990]

Overview

The Stevedoring Industry Legislation Amendment Act 1990 (No. 9 of 1991) was enacted to amend the existing stevedoring industry laws, specifically targeting the Stevedoring Industry Finance Committee Act 1977 and the Stevedoring Industry Levy Collection Act 1977. This Act was introduced to address the need for updates and refinements to the legislative framework governing the stevedoring industry, particularly in light of recent industry reforms and changing operational contexts. Enacted by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, the Act aimed to ensure that the legislative provisions align with the contemporary requirements of the stevedoring industry, including adjustments to definitions, penalties, and procedural aspects to facilitate effective governance and compliance. The amendments reflect the policy objective of maintaining a balanced and efficient regulatory environment that supports the industry's operational needs while safeguarding the interests of all stakeholders involved.

Scope and Application

The Stevedoring Industry Legislation Amendment Act 1990 amends the Stevedoring Industry Finance Committee Act 1977 and the Stevedoring Industry Levy Collection Act 1977. This Act applies to the stevedoring industry in Australia, particularly concerning the financial management and levy collection aspects of the industry. The legislation addresses the constitution and functions of the Stevedoring Industry Finance Committee, the payment of funds to employers and the Australian Council of Trade Unions (ACTU) for specific obligations, and the adjustment of thresholds and penalties related to the collection of levies. The Act also introduces amendments to definitions, such as "Division B waterside worker" and "local cargo", and increases certain financial thresholds and penalties. The scope of the Act is national, given its amendments to federal acts, but its application is specifically targeted at entities and individuals involved in the stevedoring industry, including employers, employees, and the Committee itself. The Act does not explicitly state any exclusions or exemptions, but the applicability of certain provisions is contingent upon specific conditions, such as the existence of relevant award obligations post-specified dates. The Act may be further extended or restricted through subordinate regulations, which would detail specific operational and enforcement aspects not covered in the primary legislation.

Key Provisions

The Stevedoring Industry Legislation Amendment Act 1990 introduces several key amendments to the Stevedoring Industry Finance Committee Act 1977 and the Stevedoring Industry Levy Collection Act 1977. The principal changes include modifications to the constitution and functions of the Committee, changes to payment obligations, and updates to penalty provisions. Firstly, Section 4 amends the constitution of the Committee to include an officer of the Department and a person appointed on the nomination of the Waterfront Industry Reform Authority. Section 5 expands the functions of the Committee to include making recommendations to the Minister on when a levy should cease to apply to an employer in relation to the employment of waterside workers at a port. The Act imposes several obligations on the parties it governs. For example, Section 7 requires the Committee to pay the Stevedoring Employees’ Retirement Fund an amount equal to expenditure incurred by the Association or an employer in discharging a relevant award obligation, subject to certain conditions. Section 12 allows the Committee to make payments for prescribed benefits to waterside workers and eligible employees, subject to the Minister’s direction. Furthermore, Section 18 obligates the Committee to pay the Commonwealth for expenses related to the collection or recovery of levy. Failure to comply with the provisions of the Act can result in various consequences. Under Section 18 of the amended Stevedoring Industry Levy Collection Act 1977, the penalty for non-payment is increased from 10% to 20%. Additionally, Section 19 of the same Act raises the maximum penalty for offences relating to returns from $300 to $1,500. Section 20 increases the maximum penalty for unauthorized access to premises, books, or other documents from $200 to $1,000. These amendments underscore the seriousness of compliance and the potential legal ramifications of non-adherence.

Legal classification tags

Area of Law
Commercial Law
Administrative Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Offence Provisions
Licensing & Registration
Regulatory Standards

Interactions

Authorises

All Versions

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.