Stevedoring Industry Levy Collection Regulations (Amendment)

Overview

The Stevedoring Industry Levy Collection Regulations (Amendment) 1991 was introduced to amend existing regulations under the Stevedoring Industry Levy Collection Act 1977. This legislation was enacted by the Australian Government to address the need for clarity and accuracy in the collection of stevedoring industry levies. Specifically, the amendment was aimed at ensuring that the correct parties are responsible for providing necessary information and making payments related to the levy. The regulations clarify the roles of ships' agents and ship masters in providing information and making payments, thus enhancing the efficiency and effectiveness of the levy collection process. The enacting body for these amendments was the Australian Government, with the authority being exercised by the Minister for Industrial Relations. The policy objective, as implied in the explanatory statement, was to ensure that the stevedoring industry levy collection process is streamlined and accurately reflects the responsibilities of the relevant parties involved in the loading and unloading of cargo. The amendments sought to update the regulatory framework to align with changes in administrative details, such as the address of the office handling levy payments.

Scope and Application

The Stevedoring Industry Levy Collection Regulations (Amendment) 1991 No. 14 amends the Stevedoring Industry Levy Collection Regulations to bring them into alignment with changes in the stevedoring industry. The regulations apply to any and all persons who are directly responsible to the owners or charterers of a ship for the loading or unloading of all or part of that ship's cargo, as well as the master of the ship if no such person is present in Australia or if there is part of the cargo for which there is no agent. These regulations are made under the authority of the Minister for Industrial Relations and are intended to clarify the identity of the persons responsible for providing information relating to the amount of cargo loaded or unloaded to employers of waterside workers. The amended regulations ensure that payments of levy are made to the correct office and address of the Department, which has undergone changes since the original regulations were made. These regulations apply to the stevedoring industry across Australia, with the Commonwealth having jurisdiction over the levy collection process. There are no stated exclusions, exemptions, or thresholds in these regulations, and they do not extend or restrict application through subordinate instruments.

Key Provisions

The key operative sections of the Stevedoring Industry Levy Collection Regulations (Amendment) 1991 No. 14 pertain to amendments of regulations 5 and 8 of the Stevedoring Industry Levy Collection Regulations. Regulation 2 of the Amendment proposes a substitution of the existing regulation 5, clarifying the responsibility for providing information on cargo loading and unloading. This means that any person directly accountable to the ship's owners or charterers for cargo operations must submit the required information in the prescribed form (Reg. 5(1)). If no such person is present in Australia or if there is no agent for part of the cargo, the master of the ship is mandated to provide the return of information (Reg. 5(2)). Additionally, regulation 3 updates regulation 8, which specifies the payment procedures for the levy, by providing the current address and office of the Department to which payments must be directed (Reg. 3). These amendments impose clear obligations on parties involved in the stevedoring industry. Specifically, they require individuals or entities directly responsible for cargo operations to furnish detailed information on cargo loading and unloading to employers of waterside workers. This ensures that the correct parties are held accountable for the provision of necessary information. Furthermore, if no responsible party is present in Australia or if there is no agent for part of the cargo, the ship's master is obligated to provide the required information, ensuring that cargo information is not overlooked. Failure to comply with these regulations may result in legal consequences. While the explanatory statement does not detail specific offences or penalties, it is implicit that non-compliance with the provisions could lead to enforcement actions under the Stevedoring Industry Levy Collection Act 1977. The Act generally empowers authorities to take action against entities or individuals who fail to adhere to the regulations, which may include fines or other legal penalties as prescribed by the Act. Given the critical nature of the information required, penalties could be significant, underscoring the importance of compliance.