Stevedoring Industry Levy Act 1977

Legislation au C2004A01759 Not in force Act

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Stevedoring Industry Levy Act 1977

Act No. 121 of 1977 as amended

[Note: This Act was repealed by Act No. 123 of 2005 on 26 October 2005]

This compilation was prepared on 15 November 2000
taking into account amendments up to Act No. 77 of 1994

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Incorporation.................................

4 Imposition of levies.............................

6 Rate of levy referred to in paragraph 4(1)(b)..............

7 Rate of levy referred to in paragraph 4(1)(c)...............

8 Rate of levy referred to in paragraph 4(1)(d)..............

9 Person liable.................................

10 Expiry of levy................................

11 Purpose of levy................................

12 Regulations..................................

13 Expiry of Act.................................

Notes 

 

An Act to impose levies in respect of the employment of waterside workers

 

 

1  Short title [see Note 1]

  This Act may be cited as the Stevedoring Industry Levy Act 1977.

2  Commencement [see Note 1]

  This Act shall come into operation on the date of commencement of the Stevedoring Industry Acts (Termination) Act 1977.

3  Incorporation

  The Stevedoring Industry Levy Collection Act 1977 is incorporated and shall be read as one with this Act.

4  Imposition of levies

 (1) Subject to subsection (2) and to section 10, levy is imposed in respect of the employment of stevedoring employees after the commencement of this Act, as follows:

 (b) a levy in respect of the employment of stevedoring employees in, or in connexion with, the loading of cargo into ships by bulk means or the unloading of cargo from ships by bulk means;

 (c) a levy in respect of the employment of stevedoring employees in the loading of local cargo into ships; and

 (d) a levy in respect of the employment of stevedoring employees in the loading of overseas cargo into ships or the unloading of overseas cargo from ships.

 (2) The levies referred to in paragraphs (1)(c) and (d) are not imposed in respect of the employment of any stevedoring employees in the loading of cargo into, or the unloading of cargo from, a ship unless the employer of those stevedoring employees is required by subsection 6(2) of the Stevedoring Industry Levy Collection Act 1977 to furnish a return in respect of the loading of that cargo into the ship, or the unloading of that cargo from the ship, as the case may be.

6  Rate of levy referred to in paragraph 4(1)(b)

  The rate of the levy referred to in paragraph 4(1)(b) is such amount per bulk handling workerhour of employment as is prescribed.

7  Rate of levy referred to in paragraph 4(1)(c)

  The rate of the levy referred to in paragraph 4(1)(c) is such amount per tonne as is prescribed of local cargo loaded into ships.

8  Rate of levy referred to in paragraph 4(1)(d)

  The rate of the levy referred to in paragraph 4(1)(d) is such amount per tonne as is prescribed of overseas cargo loaded into or unloaded from ships.

9  Person liable

  Levy in respect of the employment of any stevedoring employees is payable by the employer of those stevedoring employees.

10  Expiry of levy

  The levies referred to in paragraphs 4(1)(b), (c) and (d) are not imposed in respect of the employment of stevedoring employees after a date notified by the Minister in the Gazette as the date after which those levies cease to be imposed.

11  Purpose of levy

  Levy is imposed to provide moneys for the purpose of enabling the Stevedoring Industry Finance Committee established by the Stevedoring Industry Finance Committee Act 1977 to perform its functions under that Act.

12  Regulations

 (1) The GovernorGeneral may make regulations prescribing rates of levy for the purposes of this Act.

 (2) Before making a regulation under subsection (1) prescribing the rate of any levy, the GovernorGeneral shall take into consideration any recommendations with respect to the rate of that levy that have been made to the Minister by the Stevedoring Industry Finance Committee established by the Stevedoring Industry Finance Committee Act 1977.

13  Expiry of Act

  If the Stevedoring Industry Finance Committee Act 1977 ceases to have effect under section 32 of that Act, this Act ceases to have effect at the same time.

Notes to the Stevedoring Industry Levy Act 1977

Note 1

The Stevedoring Industry Levy Act 1977 as shown in this reprint comprises Act No. 121, 1977 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Stevedoring Industry Levy Act 1977

121, 1977

10 Nov 1977

5 Dec 1977 (see s. 2 and Gazette 1977, No.S273)

 

Stevedoring Industry Levy Amendment Act 1985

197, 1985

16 Dec 1985

13 Jan 1986

Stevedoring Industry Levy Amendment Act 1990

10, 1991

21 Jan 1991

18 Feb 1991

Industrial Relations Legislation Amendment Act 1994

77, 1994

21 June 1994

Part 1 (ss. 1, 2): Royal Assent
Part 3 (ss. 5, 6): 19 July 1994
Remainder: 18 Aug 1994 (see Gazette 1994, No. S306)

Table of Amendment

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

S. 4 ....................

am. No. 77, 1994

S. 5 ....................

rs. No. 10, 1991

 

rep. No. 77, 1994

S. 6 ....................

rs. No. 10, 1991

S. 7 ....................

am. No. 197, 1985

 

rs. No. 10, 1991

S. 8 ....................

rs. No. 10, 1991

S. 9 ....................

am. No. 77, 1994

S. 9A ...................

ad. No. 10, 1991

 

rep. No. 77, 1994

S. 10 ...................

am. No. 77, 1994

S. 13 ...................

ad. No. 77, 1994 

 

 

Overview

The Stevedoring Industry Levy Act 1977, enacted by the Parliament of Australia, was designed to address the financial needs of the stevedoring industry by imposing levies on certain types of employment. This Act was introduced to provide funds for the Stevedoring Industry Finance Committee, which was established under the Stevedoring Industry Finance Committee Act 1977 to oversee the industry's financial health. The primary objective of the Act was to generate revenue through levies imposed on employers for the employment of stevedoring workers in various activities, including the loading and unloading of cargo by bulk means, local cargo, and overseas cargo. The levies were intended to support the operations and functions of the Stevedoring Industry Finance Committee, ensuring the industry could sustain itself and meet its financial obligations.

Scope and Application

The Stevedoring Industry Levy Act 1977 applies to the imposition of levies in relation to the employment of stevedoring employees in specific activities within the stevedoring industry, including the loading and unloading of cargo by bulk means, and the loading of local and overseas cargo into ships. The Act mandates that the levies are payable by the employers of these employees, who are liable for the charges. The Act is operational across the Commonwealth of Australia and applies to all stevedoring activities unless explicitly excluded by the terms of the Act or related subsidiary legislation. Certain exemptions may apply, particularly where the employer is not required to submit a return under the Stevedoring Industry Levy Collection Act 1977, as referenced in section 4(2). The Act allows for the rates of the levies to be prescribed by the Governor-General, who must consider recommendations from the Stevedoring Industry Finance Committee before making such regulations. The Act also includes provisions for its own expiry, which is contingent on the cessation of the Stevedoring Industry Finance Committee Act 1977. This Act was repealed by the Stevedoring Industry Acts (Termination) Act 2005, effectively ending its operation from 26 October 2005.

Key Provisions

The Stevedoring Industry Levy Act 1977 (the "Act") imposes levies on employers who hire stevedoring employees for specific tasks related to cargo loading and unloading. Section 4(1) of the Act imposes levies on the employment of stevedoring employees in the loading of cargo into ships by bulk means or unloading of cargo from ships by bulk means, in the loading of local cargo into ships, and in the loading of overseas cargo into ships or the unloading of overseas cargo from ships. Section 4(2) specifies that the levies on the loading of local cargo into ships and the loading/unloading of overseas cargo from ships are not imposed unless the employer is required to furnish a return under the Stevedoring Industry Levy Collection Act 1977. The Act outlines who is liable for the levies and the rates at which they apply. According to Section 9, the levy is payable by the employer of the stevedoring employees. The rates of the levies are prescribed in Sections 6, 7, and 8, with Section 6 referring to the rate per bulk handling worker-hour of employment, Section 7 referring to the rate per tonne of local cargo loaded into ships, and Section 8 referring to the rate per tonne of overseas cargo loaded into or unloaded from ships. The Act also includes provisions regarding the expiry of the levies. Section 10 specifies that the levies will cease to be imposed on a date notified by the Minister in the Gazette. The purpose of the levies, as stated in Section 11, is to provide funds to the Stevedoring Industry Finance Committee established under the Stevedoring Industry Finance Committee Act 1977 to enable it to perform its functions. Breaching the obligations and requirements set out in the Act can result in legal consequences. The Act does not explicitly state the penalties for non-compliance, but the Stevedoring Industry Levy Collection Act 1977, which is incorporated into this Act, may provide for civil or criminal penalties for failure to comply with its provisions. Additionally, the Act will cease to have effect if the Stevedoring Industry Finance Committee Act 1977 ceases to have effect under section 32 of that Act, as stated in Section 13.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Imposition of levies
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

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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.