Stevedoring Industry Levy Amendment Act 1985

Overview

The Stevedoring Industry Levy Amendment Act 1985 (C2004A03236) was enacted to amend the Stevedoring Industry Levy Act 1977, addressing specific issues related to the stevedoring industry levy. This Act was introduced to modify the rate of the levy imposed on stevedoring services, aiming to ensure that the levy remains fair and reflective of the industry's operations. Enacted by the Queen, in accordance with the authority of the Australian Parliament, the policy objective of this legislation was to adjust the levy rate to better accommodate changes within the stevedoring industry, thereby ensuring its continued effectiveness and relevance. The amendments introduced by this Act sought to provide flexibility in the application of the levy, allowing for a potentially reduced levy rate per tonne of local cargo loaded into ships as prescribed, reflecting a more nuanced understanding of industry needs and economic conditions.

Scope and Application

The Stevedoring Industry Levy Amendment Act 1985 amends the Stevedoring Industry Levy Act 1977 and applies to entities involved in the stevedoring industry, specifically those engaged in the loading or unloading of cargo into ships. This legislation applies across the Commonwealth of Australia, ensuring a uniform approach to the levy across all states and territories. The Act primarily targets stevedore operators and any other entities involved in the stevedoring process, thereby regulating the financial contributions required from these entities based on the amount of local cargo they handle. This Act extends its application to all stevedoring operations occurring within the jurisdiction of Australia, irrespective of the specific state or territory. There are no explicit exclusions or exemptions outlined in the Act, implying that it applies broadly to all relevant entities unless otherwise specified through subordinate instruments or regulations. The Act may be further defined or expanded through subordinate legislation, which could provide additional clarity or specific application details beyond the primary text.

Key Provisions

The Stevedoring Industry Levy Amendment Act 1985 (C2004A03236) makes several key amendments to the Stevedoring Industry Levy Act 1977 (referred to as the Principal Act in this amendment). Most notably, Section 2 of the Amendment Act modifies the rate of the levy as specified in Section 7 of the Principal Act. It replaces the phrase "75 per centum" with "75%" and adds a provision that allows for a lower amount per tonne of local cargo loaded into ships, subject to the regulations prescribed under the amendment. This means that the levy rate can now be adjusted based on the type of cargo being loaded, providing more flexibility in how the levy is applied. The Act imposes certain obligations on the parties involved in the stevedoring industry. These obligations include adherence to the new levy rates as prescribed by the amendment, and compliance with any additional regulations that may be introduced to specify the lower rates for different types of cargo. Employers and employees in the stevedoring sector must ensure they are aware of these changes and apply them correctly when calculating the stevedoring industry levy. Breaching the provisions of the Stevedoring Industry Levy Amendment Act 1985 can lead to both civil and criminal consequences. Under Section 16 of the Principal Act, any person who fails to comply with the requirements of the Act, including the payment of the levy at the prescribed rates, may be subject to penalties. The maximum penalties can include fines up to a specified amount, which may be adjusted periodically by the relevant authorities. Additionally, failure to comply with the Act can result in legal action being taken against the offending party, which could further escalate the financial and reputational impact on the individual or company involved.