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

Legislation au C2004L06514 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

STATUTORY RULES 1989 NO. 401

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

(Issued by the authority of the Minister for Industrial Relations)

Section 12 of the Stevedoring Industry Levy Act 1977 (the Act) provides that the Governor-General may make regulations prescribing the rates of levy for the purposes of the Act, and that the Governor-General shall take into consideration any recommendations with respect to the rates of levy that have been made to the Minister by the Stevedoring Industry Finance Committee (SIFC).

The Stevedoring Industry Levy (Rates of Levy) Regulations, Statutory Rules 1978 No 246, as amended (the Principal Regulations) prescribe the rates of levy for the purposes of the Act.

The Government has agreed to the adoption of new rates of levy under the Act. Regulations have now been made to give effect to that decision. Under section 12 of the Act the Governor-General, in considering whether to make the regulations under the Act, is required to have regard to any relevant recommendations from the SIFC. In this case there were no such recommendations, the changes having been decided upon by Cabinet as part of the Government’s program to reform the stevedoring and international container depot industries. The bodies represented on the SIFC were, however, consulted about the proposed changes and agree with them. [By section 5 of the Stevedoring Industry Finance Committee Act 1977 the SIFC comprises a Chairman and representatives of the Association of Employers of Waterside Labour, ANL Limited, Broken Hill Proprietary Company Limited and the Waterside Workers’ Federation of Australia].

The new rates of levy will be used to fund employer contributions to a special redundancy package which forms part of the Government’s waterfront reform program. The collection of non-statutory levies which were previously used to fund redundancies and early retirements in the stevedoring industry were suspended when the new statutory levy rates came into effect. Those rates have been calculated so as not to increase the total amount of levies (statutory and non-statutory) that previously applied in the industry.

The regulations amend the Principal Regulations to provide for the new rates of levy agreed to by the Government.

Paragraph 2(a)

Paragraph 4(1)(b) of the Act provides that a special levy is imposed in respect of the employment of waterside workers in, or in connexion with, the loading of cargo into ships by bulk means


or the unloading of cargo from ships by bulk means. Section 6 of the Act provides that this levy will be 35 cents per bulk handling man-hour of employment or such other amount per bulk handling man-hour of employment as is prescribed. The old amount of this levy as prescribed in subregulation 4(3) of the Principal Regulations was 49 cents per bulk handling man-hour of employment.

Paragraph 2(a) amended subregulation 4(3) of the Principal Regulations by providing for a new rate of $2.43.

Paragraph 2(b)

Paragraph 4(1)(c) of the Act provides that a special levy is imposed in respect of the employment of waterside workers in the loading of local cargo into ships. Section 7 of the Act provides that this levy will be equal to 75 per cent of the amount per tonne applicable in relation to overseas cargo by virtue of section 8 of the Act, or such lower amount per tonne of local cargo loaded into ships as is prescribed. The prescribed rate of levy applying under section 8 of the Act per tonne of overseas cargo was increased by paragraph 2(c) - see below.

Paragraph 2(b) amended subregulation 4(3A) of the Principal Regulations by providing for a new rate of 25 cents for the purposes of section 7 of the Act. The new rate is lower than 75 per cent of the new rate of levy that has now been prescribed for the purposes of section 8 of the Act.

Paragraph 2(c)

Paragraph 4(1)(d) of the Act provides that a special levy is imposed in respect of the employment of waterside workers in the loading of overseas cargo into ships or the unloading of overseas cargo from ships. Section 8 of the Act provides that this levy will be 18 cents per tonne, or such other amount per tonne as is prescribed, of overseas cargo loaded into or unloaded from ships. The old amount of this levy as prescribed in subregulation 4(4) of the Regulations was 25 cents per tonne of overseas cargo loaded into or unloaded from ships.

Paragraph 2(c) amended subregulation 4(4) of the Regulations by providing for a new rate of $1.25.

Date of effect

By regulation 1 the rates of levy will take effect from 1 January 1990.

Overview

The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) 1989 were enacted to revise the rates of levy under the Stevedoring Industry Levy Act 1977, addressing the need to reform the stevedoring and international container depot industries. This legislation was introduced by the Parliament of Australia, with the intent to implement new statutory levy rates that align with the government's program for industry reform. The new rates aim to replace non-statutory levies previously used to fund redundancies and early retirements in the stevedoring industry, ensuring that the total amount of levies remains consistent with prior levels. The policy objective is to fund employer contributions to a special redundancy package, thereby supporting the government's waterfront reform program.

Scope and Application

The Stevedoring Industry Levy (Rates of Levy) Regulations, Statutory Rules 1989 No. 401, apply to the stevedoring industry within Australia, specifically targeting the employers of waterside workers involved in the bulk handling of cargo. These regulations amend the existing Stevedoring Industry Levy (Rates of Levy) Regulations, Statutory Rules 1978 No 246, to reflect the new rates of levy agreed upon by the Australian Government. The scope of these regulations encompasses the imposition of special levies on the employment of waterside workers for the loading of bulk cargo into ships, the loading of local cargo into ships, and the loading and unloading of overseas cargo into or from ships. The revised rates are intended to fund employer contributions to a special redundancy package as part of the broader waterfront reform program, effectively replacing previously collected non-statutory levies. The changes are applicable nationally and come into effect from 1 January 1990, as stipulated by regulation 1 of the amending instrument. The application of these rates is subject to the recommendations of the Stevedoring Industry Finance Committee, although in this instance, the changes were decided by Cabinet and subsequently agreed upon by the committee.

Key Provisions

The main operative sections of the Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) involve the amendment of the Principal Regulations to set new rates for the levy under the Stevedoring Industry Levy Act 1977. Specifically, section 2(a) adjusts the rate for the bulk handling of cargo, section 2(b) modifies the levy for local cargo loading, and section 2(c) changes the levy for overseas cargo loading and unloading. These new rates were determined by the Government as part of a program to reform the stevedoring and international container depot industries, and they are designed to fund employer contributions to a special redundancy package. These new rates came into effect on 1 January 1990, as per regulation 1. The obligations imposed by these regulations primarily concern stevedoring companies and employers within the industry. They are required to comply with the new levy rates for the employment of waterside workers in various activities such as bulk handling, local cargo loading, and overseas cargo loading or unloading. These entities must ensure that they calculate and remit the appropriate levy amounts to the relevant authorities in accordance with the amended regulations. By adhering to these new rates, they contribute to the funding of the special redundancy package which is part of the Government's reform initiative. Failure to comply with the new levy rates stipulated by these regulations can result in various consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is reasonable to infer that breaches could lead to legal repercussions. Typically, under Australian legislation, non-compliance with prescribed rates or failure to remit taxes or levies can result in fines, penalties, and potentially legal action. The severity of these penalties would depend on the extent and nature of the non-compliance, but they could include substantial financial penalties and, in severe cases, criminal charges. Employers and companies must therefore ensure strict adherence to the new rates to avoid any legal or financial repercussions.

Legal classification tags

Area of Law
Commercial Law
Employment & Labour Law
Instrument
Regulation
Concepts
Regulatory Standards
Reporting & Disclosure Obligations
Offence Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.