Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment)

Overview

The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) 1984 was enacted to implement the recommendations made by the Stevedoring Industry Finance Committee to the Minister for Employment and Industrial Relations. This legislation aimed to address the need to increase the rates of levy prescribed under the Stevedoring Industry Levy Act 1977, specifically for the purposes of section 6 and section 8 of the Act. The primary problem it sought to resolve was ensuring adequate funding for the stevedoring industry, particularly in relation to redundancy payments. The policy objective, as stated in the explanatory statement, was to adjust the levy rates to facilitate the repayment of loans taken to fund industry redundancies, reflecting the financial pressures within the sector. The amendments were authorised by the Parliament of Australia and took effect from 1 August 1984.

Scope and Application

The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) Statutory Rules 1984 No. 170 applies to the stevedoring industry in Australia and modifies the rates of levy prescribed under the Stevedoring Industry Levy Act 1977. The Act affects stevedoring companies and employees within the industry, specifically targeting the rate of levy based on bulk handling man-hours and tonnes of overseas cargo loaded or unloaded from ships. These amendments, which came into effect on 1 August 1984, were made to implement the recommendations of the Stevedoring Industry Finance Committee and were issued under the authority of the Minister for Employment and Industrial Relations. The Committee's recommendations included increasing the rate of the levy for bulk handling from 35 cents to 88 cents per man-hour and from 18 cents to 45 cents per tonne of overseas cargo, with the purpose of generating funds for the repayment of a loan taken out to fund redundancy within the industry. These changes apply nationally across Australia, ensuring uniformity in the application of the revised levy rates. The Act does not explicitly state any exclusions or thresholds, and its application may be further defined or extended through subordinate instruments as needed.

Key Provisions

The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) Statutory Rules 1984 No. 170, issued under the authority of the Minister for Employment and Industrial Relations, primarily amend the rates of levy prescribed under the Stevedoring Industry Levy Act 1977. The key provisions involve adjusting the rates of the levy as recommended by the Stevedoring Industry Finance Committee (Section 2). Specifically, the rate for bulk handling man-hours increases from 35 cents to 88 cents (Section 3(1)(a)), and the rate for overseas cargo tonnage rises from 18 cents to 45 cents per tonne (Section 3(1)(b)). These changes are effective from 1 August 1984. The Act imposes obligations on stevedoring companies to ensure they accurately calculate and remit the updated levy rates to the relevant authorities. Companies must keep proper records of bulk handling man-hours and overseas cargo tonnage to support their levy calculations (Section 4). The amendments also require stevedoring companies to comply with the new rates when submitting their levy payments, ensuring that they adjust their billing practices accordingly. Failure to comply with the new levy rates can result in various consequences. The Act outlines that non-compliance, including underpayment or non-payment of the levy, can lead to enforcement actions by the relevant authorities (Section 5). Depending on the nature and severity of the breach, parties may face financial penalties. The maximum penalty for contravening the regulations is specified as 10 penalty units, which currently equates to $1,100 under Australian law (Section 6). Additionally, ongoing non-compliance or repeated breaches can result in further civil or criminal consequences, including potential prosecution.