Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 289
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 289
Issued by the Authority of the Minister for Industrial Relations
Stevedoring Industry Levy Collection Act 1977
Stevedoring Industry Levy Collection Regulations (Amendment)
The Stevedoring Industry Levy Collection Act 1977 (the Act) is one of four pieces of stevedoring legislation which have been amended by the Industrial Relations Legislation Amendment Act 1994 (the Amendment Act). The stevedoring legislation establishes and provides for the collection of special levies for the purpose of funding the Stevedoring Industry Finance Committee (the Committee) in meeting its obligations.
The amendments to the stevedoring legislation 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.
As a result of these amendments changes were required to the Stevedoring Industry Levy Collection Regulations (the Regulations) and to two other sets of stevedoring regulations.
The Act is the main instrument for ensuring proper collection of levies.
Section 11 of 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.
Section 7 of the Act makes provision for an amount payable by an employer as a penalty, where the employer has not discharged a liability to pay an amount of levy.
Subsection (3)(1) of the Act defined "Division A waterside worker" and "Division B waterside worker". The distinction between the groups is obsolete and the definitions were replaced, by sections 32 and 33 of the Amendment Act, by a classification and definition of "stevedoring employee".
Regulation 3 of the Regulations prescribed classes of workers for the purposes of the definition of "Division B waterside workers". The regulation was no longer required.
Regulation 5 and regulation 6 of the Regulations specified certain information in relation to loading or unloading of cargo, that a ship's agent must provide to an employer. Subregulation 5(1) provides in part for a prescribed form, (Form 1 contained in the Schedule to the Regulations) to be used by a ship's agent as a statement of this information. The contents of these regulations have been transferred to the Act by section 36 of the Amendment Act and, accordingly the two regulations and Form 1 in the Schedule to the Regulations have been deleted.
Regulation 11 requires an employer to keep full records relating to the employment of waterside workers. Regulation 12 of the Regulations requires an employer to provide employment information to a prescribed person. A penalty is imposed, in each case, on an employer for not complying with these requirements. The penalties, in each case, was expressed in monetary amounts.
The penalties are now expressed in penalty units, in each case.
Amending regulation 3.1 has omitted the definition of "Division B waterside worker" from subregulation 3(1) of the Regulations.
Amending regulation 4.1 has omitted a cross-reference, in regulation 4 of the Regulations, to "subregulation 5(1)" .
Amending regulation 5.1 and regulation 6.1 have omitted regulation 5 and regulation 6 from the Regulations, as the contents of the two regulations have been inserted into the Act by the Amending Act.
Amending subregulation 7.1 and subregulation 8.1 have replaced the existing penalties prescribed in regulation 11 and subregulation 12(1) respectively, of the Regulations, which were expressed as monetary amounts, with the same level of penalties expressed in penalty units.
Amending regulation 9.1, has omitted Form 1 from the Schedule to the Regulations, consequential upon the deletion of regulation 5 from the Regulations.
Overview
The Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 289, issued under the authority of the Minister for Industrial Relations, amends the Stevedoring Industry Levy Collection Regulations 1977. This amendment follows the Industrial Relations Legislation Amendment Act 1994, which itself was a response to the Government's waterfront reform program. The key objective of these amendments was to update the regulatory framework to reflect changes in the classification and definition of waterside workers, now referred to as stevedoring employees, and to ensure the proper collection and recovery of levies to fund the Stevedoring Industry Finance Committee. The changes include the deletion of obsolete definitions, updating penalty provisions from monetary amounts to penalty units, and the removal of redundant regulations that have been integrated into the Act. These amendments are intended to streamline the regulatory process and maintain the integrity of levy collection mechanisms.
Scope and Application
The Stevedoring Industry Levy Collection Act 1977 applies to employers within the stevedoring industry in Australia, specifically those involved in the loading and unloading of cargo at ports. This legislation is designed to ensure the proper collection of levies that fund the Stevedoring Industry Finance Committee, which is responsible for various obligations related to the stevedoring industry. The Act is a Commonwealth instrument, thereby extending its jurisdiction across all states and territories in Australia. The Act has been amended to reflect changes proposed by the Waterfront Industry Reform Authority and the Stevedoring Industry Finance Committee, which were a part of the Government's waterfront reform program. These amendments have streamlined the classification of stevedoring employees and updated the penalties for non-compliance with levy collection and record-keeping requirements from monetary amounts to penalty units. Subordinate regulations under the Act facilitate the collection or recovery of levies and can further specify the application and enforcement of the Act, ensuring it remains relevant and effective within the industry.
Key Provisions
The key operative sections of the Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 289 include the amendments to various regulations under the Stevedoring Industry Levy Collection Act 1977 (the Act) (sections 3.1, 4.1, 5.1, 6.1, 7.1, 8.1, and 9.1). These amendments were made to implement changes arising from the Industrial Relations Legislation Amendment Act 1994, which incorporated recommendations from the Waterfront Industry Reform Authority and the Stevedoring Industry Finance Committee. Section 11 of the Act allows the Governor-General to make regulations to facilitate the collection or recovery of levies, and section 7 imposes penalties on employers who fail to pay levies. The amendments also reflect the obsolescence of the categories "Division A waterside worker" and "Division B waterside worker", replacing them with the term "stevedoring employee" (sections 32 and 33 of the Amendment Act). Regulation 3, which previously defined classes of workers for "Division B waterside workers", has been omitted (amending regulation 3.1). Additionally, regulation 5 and regulation 6, which specified information to be provided by a ship's agent, have been deleted (amending regulations 5.1 and 6.1). Form 1, which was contained in the Schedule to the Regulations, has also been omitted (amending regulation 9.1).
The Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 289 impose several obligations and requirements on employers and other entities governed by the Act. Employers are required to keep full records relating to the employment of stevedoring employees (regulation 11). They must also provide employment information to a prescribed person, as outlined in regulation 12 of the Regulations. Failure to comply with these requirements results in penalties. The penalties for non-compliance with record-keeping and information provision requirements have been updated to be expressed in penalty units, aligning with the changes in the Act (amending subregulations 7.1 and 8.1). These penalties serve as a deterrent to non-compliance and ensure that employers adhere to the regulatory framework established by the Act.
The Stevedoring Industry Levy Collection Regulations (Amendment) 1994 No. 289 also include provisions for offences, penalties, and consequences for breach. Employers who fail to keep full records of stevedoring employees or provide the required employment information face penalties expressed in penalty units (amending subregulations 7.1 and 8.1). The maximum penalties for these offences are not specified in the Amendment Regulations but are likely to be outlined in the Stevedoring Industry Levy Collection Act 1977 or other relevant legislation. These penalties serve as a legal deterrent, ensuring compliance with the regulatory requirements and the proper collection of levies for the Stevedoring Industry Finance Committee. The amendments ensure that penalties are consistently applied and aligned with the legislative framework, maintaining the integrity of the levy collection process.