Stevedoring Industry Levy Amendment Act
1990
No. 10 of 1991
An Act to amend the Stevedoring Industry Levy Act 1977
[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:
Short title
1. This Act may be cited as the Stevedoring Industry Levy Amendment Act 1990.
Principal Act
2. In this Act, “Principal Act” means the Stevedoring Industry Levy Act 19771.
3. Section 5 of the Principal Act is repealed and the following section is substituted:
Rate of levy referred to in paragraph 4 (1) (a)
“5. The rate of the levy referred to in paragraph 4 (1) (a) is:
(a) in respect of the employment of Division A waterside workers— such amount per worker-hour of employment as is prescribed; and
(b) in respect of the employment of Division B waterside workers— such amount per worker-hour of employment as is prescribed.”.
4. Section 6 of the Principal Act is repealed and the following section is substituted:
Rate of levy referred to in paragraph 4 (1) (b)
“6. The rate of the levy referred to in paragraph 4 (1) (b) is such amount per bulk handling worker-hour of employment as is prescribed.”.
5. Section 7 of the Principal Act is repealed and the following section is substituted:
Rate of levy referred to in paragraph 4 (1) (c)
“7. 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.”.
6. Section 8 of the Principal Act is repealed and the following section is substituted:
Rate of levy referred to in paragraph 4 (1) (d)
“8. 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.”.
7. After section 9 of the Principal Act the following section is inserted:
Phasing out of general levy
“9a. (1) The Minister may notify a date in the Gazette (in this section called the “finishing date”) after which the levy referred to in paragraph 4 (1) (a) ceases to be imposed in respect of the employment of Division B waterside workers by an employer at a port.
“(2) The Minister may only notify a finishing date where he or she is satisfied that all employers at the port have changed their employment arrangements in accordance with the Reform Agreement.
“(3) The levy referred to in paragraph 4 (1) (a) is not imposed in respect of the employment of Division B waterside workers by an employer at a port after the finishing date in relation to that port.”.
NOTE
1. No. 121, 1977, as amended. For previous amendments, see No. 197, 1985.
[Minister’s second reading speech made in—
House of Representatives on 12 September 1990
Senate on 15 October 1990]
Overview
The Stevedoring Industry Levy Amendment Act 1990 was enacted to amend the Stevedoring Industry Levy Act 1977. This Act was introduced by the Commonwealth Parliament to address the need for updating the stevedoring industry levy system, ensuring it remains relevant and effective in response to changes in the stevedoring industry. The primary policy objective of the Act was to provide flexibility in the rates of the levy and to phase out certain levies in a controlled manner, contingent upon specific conditions being met by employers. This legislative amendment aimed to streamline the levy system, making it more adaptable to industry changes while ensuring continued funding for relevant services.
Scope and Application
The Stevedoring Industry Levy Amendment Act 1990 applies to the stevedoring industry in Australia, specifically targeting employers who engage Division A and Division B waterside workers and those involved in the loading of local and overseas cargo. This Act amends the Stevedoring Industry Levy Act 1977 by altering the rates of the levy imposed on various types of employment and cargo transactions within the industry. The Act applies on a national level, covering all stevedoring activities occurring within Australia’s jurisdiction. However, the Act does not explicitly state any exclusions or exemptions, and its application may be further defined or restricted through subordinate instruments issued by the Minister. The rates of the levy are prescribed and may be adjusted as needed, ensuring that the levy remains a relevant and effective means of funding industry-related activities or services.
Key Provisions
The main operative sections of the Stevedoring Industry Levy Amendment Act 1990 (sections 3 to 8) revise the rates of levy prescribed under the Stevedoring Industry Levy Act 1977, setting them at amounts per worker-hour for Division A and Division B waterside workers, per bulk handling worker-hour, and per tonne of local and overseas cargo loaded into or unloaded from ships. These revised rates are to be prescribed by the relevant authorities. Additionally, section 9a introduces a provision for the Minister to notify a finishing date, after which the general levy on the employment of Division B waterside workers will cease, contingent upon all employers at a port having reformed their employment arrangements in accordance with a Reform Agreement.
The Act imposes specific obligations on employers in the stevedoring industry to comply with the prescribed rates of levy for various types of employment and cargo handling. Employers must ensure that their arrangements align with the conditions specified in the Reform Agreement, particularly in relation to Division B waterside workers, if they wish to avoid the continuation of the general levy after the designated finishing date. This involves potentially restructuring their employment practices to meet the criteria set forth in the Reform Agreement, overseen by the Minister.
Breaches of the provisions set forth in this Act could lead to legal consequences. While the specific offences and penalties are not detailed within the text provided, it is reasonable to infer that non-compliance with the prescribed rates or failure to adhere to the Reform Agreement could result in penalties. These could potentially include fines or other sanctions, although the exact nature and severity of these penalties would need to be determined by the courts or relevant authorities under the broader legislative framework governing such matters.