Stevedoring Industry Levy Collection Regulations (Amendment)

Overview

The Stevedoring Industry Levy Collection Regulations (Amendment) 1991 No. 12, issued under the authority of the Minister of Industrial Relations, is an amendment to the Stevedoring Industry Levy Collection Regulations, which were originally enacted under the Stevedoring Industry Levy Collection Act 1977. The legislative amendment aimed to address the need for increased penalties to enforce compliance with stevedoring regulations more effectively. This amendment was necessary following the passage of the Stevedoring Industry Legislation Amendment Act 1990, which expanded the permissible penalty range from $200 to $1,600 for offences against the regulations made under the Levy Collection Act. The policy objective of these amendments was to ensure stricter enforcement and compliance within the stevedoring industry, thereby protecting the rights and safety of waterside workers and ensuring efficient operations. The regulations come into force before the principal Act, in accordance with the provisions of the Acts Interpretation Act 1901.

Scope and Application

The Stevedoring Industry Levy Collection Regulations (Amendment) 1991 No. 12 applies to the stevedoring industry, specifically targeting entities involved in the employment of waterside workers and their agents. The amendment raises the maximum penalty for breaches of specified regulations from $200 to $1,000, thereby enforcing stricter compliance with the industry's obligations under the Stevedoring Industry Levy Collection Act 1977. The regulations apply to entities such as stevedoring employers, ships' agents, and any other parties required to submit returns or records related to the employment of waterside workers. The geographic reach of the Act is national, affecting all stevedoring operations within Australia. However, the amendment does not explicitly state any exclusions or thresholds, implying that the regulations apply broadly across the industry. The amendment to the maximum penalty was made possible through the Stevedoring Industry Legislation Amendment Act 1990, and the regulations come into effect before the Act itself, as permitted by the Acts Interpretation Act 1901.

Key Provisions

The Stevedoring Industry Levy Collection Regulations (Amendment) 1991 No. 12 introduces changes to the existing Stevedoring Industry Levy Collection Regulations. The key sections of these regulations now allow for increased penalties for certain breaches, reflecting amendments made by the Stevedoring Industry Legislation Amendment Act 1990. Specifically, Regulation 6 now imposes a penalty of up to $1,000 for the failure of ships' agents to comply with Regulation 5, which mandates the submission of a return to the stevedoring employer detailing the amounts of cargo loaded into or unloaded from the ship. Regulation 11 imposes a similar penalty for the failure to keep records relating to the employment of waterside workers, and Regulation 12 imposes a penalty for not providing prescribed information to a person about the employment of waterside workers. The amended regulations impose obligations on stevedoring employers, ships' agents, and other relevant parties to ensure compliance with the specified requirements. Stevedoring employers must receive accurate notifications from ships' agents regarding cargo amounts, and they must maintain detailed records of waterside workers' employment. Ships' agents, on the other hand, are required to submit these notifications accurately and on time. Failure to meet these obligations can result in significant financial penalties. The Stevedoring Industry Levy Collection Regulations (Amendment) 1991 No. 12 introduces specific penalties for non-compliance with the regulations. For breaches of Regulation 6, Regulation 11, and Regulation 12, the maximum penalty is set at $1,000. These penalties serve as a deterrent to non-compliance and ensure that the levy collection process is carried out efficiently and accurately. Under the authority of the Minister of Industrial Relations, these regulations have been amended to reflect the increased penalties authorised by the Stevedoring Industry Legislation Amendment Act 1990.