Stevedoring Industry Levy Collection Regulations (Amendment)

Overview

The Stevedoring Industry Levy Collection Regulations 1978 were established under the Stevedoring Industry Levy Collection Act 1977 to facilitate the collection of levies within the stevedoring industry, addressing issues related to the administration and enforcement of levy collection. These regulations were made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and aim to provide a streamlined process for levy collection by defining specific terms and modifying the information requirements for ship's agents. The policy objective is to ensure that the stevedoring industry contributes appropriately to the costs associated with its operations, thereby maintaining fair and efficient practices in the industry.

Scope and Application

The Stevedoring Industry Levy Collection Regulations 1978, established under the Stevedoring Industry Levy Collection Act 1977, govern the collection of levies within the stevedoring industry in Australia. These regulations apply to various persons and entities engaged in stevedoring activities, including shipping agents and stevedore operators, as well as to specific types of equipment and vehicles used in the industry, such as mobile cranes, fork-lifts, and other machinery powered by means other than human or animal power. The scope of these regulations extends to the entire Commonwealth of Australia, ensuring a uniform approach to levy collection across the nation. The regulations mandate the furnishing of specific information by ship's agents, particularly in relation to the measurement and reporting of the mass and volume of goods, including assembled vehicles and mobile equipment. Notably, the regulations introduce modifications to the forms and procedures for levy collection, emphasising distinctions between assembled vehicles or equipment and those not assembled. While the primary focus is on stevedoring activities, the regulations may be subject to further extension or restriction through subordinate instruments, allowing for adjustments in response to changes in industry practices or legislative intent.

Key Provisions

The Stevedoring Industry Levy Collection Regulations 1978, made under the Stevedoring Industry Levy Collection Act 1977, contain several key amendments that are designed to clarify and expand upon the original legislation. Regulation 2, which pertains to definitions, has been amended in two significant ways. Firstly, it introduces a new definition for "mobile equipment" (1). This encompasses various items such as mobile cranes, fork-lifts, straddle trucks, front-end loaders, road-making equipment, and earth-moving equipment, all of which are operated by means other than human or animal power. Secondly, the regulation adds a definition for "vehicle" (1), specifying that it includes cars, trucks, lorries, prime-movers, tractors, motor cycles, and other motor vehicles, along with trailers or caravans. These amendments impose specific obligations on the parties involved in stevedoring operations. Ship’s agents, who are integral to the operation of stevedoring, must now furnish updated information in accordance with Regulation 5. This regulation specifies the forms that need to be completed, with an amendment substituting Form 1 for the previously required Form 2 (2). Furthermore, the schedule to these regulations has been amended to include additional details regarding the measurement of mass and volume for assembled vehicles and assembled mobile equipment (3). The new paragraphs inserted into Form 1 ensure that distinctions are made between assembled and non-assembled vehicles and mobile equipment, which affects how measurements are recorded and reported. Breach of these regulations can lead to civil and administrative consequences. While the specific penalties are not outlined in the statutory rules, under the Stevedoring Industry Levy Collection Act 1977, non-compliance with the regulations can result in fines or other penalties as prescribed by the Act. The exact penalties would depend on the nature and severity of the breach, and enforcement actions would be taken by relevant authorities to ensure adherence to the legislative requirements.