Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 453
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 453
Issued by the Authority of the Minister for Industrial Relations
Stevedoring Industry Levy Collection Act 1977
Stevedoring Industry Levy Collection Regulations (Amendment)
Section 11 of the Stevedoring Industry Levy Collection Act 1977 (the Act) provides in part that the Governor-General may make regulations prescribing matters to facilitate the collection or recovery of amounts of levy or an amount payable under section 7 of the Act.
The Act is one of three pieces of stevedoring legislation which establish and provide for the collection of levies for the purpose of funding the Stevedoring Industry Finance Committee (the Committee) in meeting its obligations.
Amendments to the stevedoring legislation to give effect to recommendations made by the Waterfront Industry Reform Authority and by the Committee, arising from the Government's waterfront reform program, so far as the recommendations relate to levy collection, commenced by proclamation on 18 August 1994.
Complementary changes to the Stevedoring Industry Levy Collection Regulations (the Regulations) and to two other sets of stevedoring regulations commenced on the same day. Those changes included the deletion of the words "waterside workers" wherever appearing and the substitution of the words "stevedoring employees" The changes, however, inadvertently omitted to amend Form 2 in the Schedule to the Regulations, where the words "waterside workers" appear twice.
The amending regulations correct that omission.
Subregulation 1.1 provides that the amendments are taken to have commenced on 18 August 1994, which is the day on which the previous amendments of the Regulations (which should have included these changes) commenced.
Subregulation 3.1 amends Form 2 in the Schedule to the Regulations by omitting the words "waterside workers" where these occur and substituting the words "stevedoring employees".
Overview
The Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 453 is a legislative instrument that amends the Stevedoring Industry Levy Collection Regulations 1994. This regulatory amendment was introduced to correct an oversight in the initial amendment of the regulations which occurred on 18 August 1994. The primary purpose of these regulations is to facilitate the collection of levies to fund the Stevedoring Industry Finance Committee, in line with the broader waterfront reform program. The enacting body is the Minister for Industrial Relations, acting under the authority granted by the Stevedoring Industry Levy Collection Act 1977. The policy objective of these amendments is to ensure consistency in terminology across all related regulations, replacing the term "waterside workers" with "stevedoring employees" to reflect the updated nomenclature within the stevedoring industry.
Scope and Application
The Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 453 applies to the stevedoring industry, specifically targeting the collection of levies for funding the Stevedoring Industry Finance Committee. This regulation is an amendment to the Stevedoring Industry Levy Collection Regulations 1977, and it aims to correct an oversight in the original legislative amendments which failed to update the terminology from "waterside workers" to "stevedoring employees" in Form 2 of the Schedule. The amendments were issued under the authority of the Minister for Industrial Relations and align with broader waterfront reform initiatives. The regulations are intended to ensure consistency and accuracy in the terminology used across the legislative framework, thereby facilitating effective levy collection and regulatory compliance within the stevedoring industry. The changes are effective from 18 August 1994, the same date as the initial legislative amendments, ensuring that the regulatory framework is updated to reflect the intended legislative intent.
Key Provisions
The main operative sections of the Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 453 involve amendments to the existing regulations, specifically targeting the terminology used in the context of levy collection. Subregulation 1.1 specifies that the amendments are effective from 18 August 1994, the same date as the initial amendments that inadvertently omitted certain changes. This ensures that the regulatory framework aligns with the legislative amendments made to update the terminology from "waterside workers" to "stevedoring employees". Subregulation 3.1 makes the specific amendment to Form 2 in the Schedule to the Regulations, replacing the outdated term "waterside workers" with the current term "stevedoring employees" where it appears.
The obligations and requirements imposed by these regulations on the parties governed by the Stevedoring Industry Levy Collection Act 1977 are primarily concerned with the consistent and accurate use of terminology in the levy collection process. The regulations mandate that all forms, documents, and references within the regulatory framework must use the term "stevedoring employees" instead of the outdated "waterside workers". This change is intended to ensure that the terminology reflects the current industry practices and accurately describes the workforce involved in stevedoring activities. The amendments also ensure that the regulatory framework is up-to-date and aligns with the legislative changes that have already been implemented.
The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, the importance of adhering to regulatory changes and using the correct terminology is underscored by the need for compliance with the legislative framework. Non-compliance with the updated terminology could potentially lead to issues in the administration of levies and the enforcement of the Act, but the specific legal repercussions are not detailed in these amending regulations. It is expected that any significant non-compliance would be addressed under the broader provisions of the Stevedoring Industry Levy Collection Act 1977, which may include administrative actions, fines, or other penalties as prescribed by the Act.