EXPLANATORY STATEMENT
Statutory Rules 1984 No. 466
Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
The amendments to the Stevedoring Industry Levy (Rates of Levy) Regulations are designed to give effect to recommendations made by the Stevedoring Industry Finance Committee (the Committee) to the Minister with respect to the rate of levy prescribed for the purposes of Section 6 of the Stevedoring Industry Levy Act 1977 and with respect to the rate of levy prescribed for the purposes of Section 8 of the Act.
The Committee has recommended that the rate of the levy for the purposes of Section 6 of the Act be increased from 88 cents to $1.03 per bulk handling man-hour of employment and the rate of the levy for purposes of Section 8 of the Act be increased from 45 cents to 53 cents per tonne of overseas cargo loaded into or unloaded from ships. The third special rate of levy increase recommended by the Committee relates to local cargo rates and does not require a regulation. This increase will take effect automatically in accordance with section 7 of the Act once the increase in respect of overseas cargo is in place. The Committee has recommended that the increases are to operate from 1 January 1985.
The Committee has recommended that the existing levies be raised to enable funds to be generated for repayment of a loan taken out to fund obligations arising under a redundancy agreement applying in the stevedoring industry.
The amended regulations have effect from 1 January 1985.
Overview
The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) Statutory Rules 1984 No. 466, issued under the authority of the Minister for Employment and Industrial Relations, address the need to adjust the rates of levy prescribed in the Stevedoring Industry Levy Act 1977. This legislative amendment responds to recommendations made by the Stevedoring Industry Finance Committee aimed at increasing the funding required to repay a loan related to redundancy obligations within the industry. Specifically, the amendments propose to raise the levy rates to generate the necessary funds. The increase in the levy from 88 cents to $1.03 per bulk handling man-hour and from 45 cents to 53 cents per tonne of overseas cargo, effective from 1 January 1985, is intended to facilitate the financial needs identified by the Committee. The policy objective is to ensure that the stevedoring industry can meet its financial commitments while maintaining operational stability.
Scope and Application
The Statutory Rules 1984 No. 466, as issued by the Authority of the Minister for Employment and Industrial Relations, amend the Stevedoring Industry Levy (Rates of Levy) Regulations to implement the recommendations of the Stevedoring Industry Finance Committee. These amendments adjust the rates of the stevedoring industry levy as prescribed by Sections 6 and 8 of the Stevedoring Industry Levy Act 1977. Specifically, the levy for bulk handling man-hours is increased from 88 cents to $1.03 per man-hour, while the levy for overseas cargo is raised from 45 cents to 53 cents per tonne. These changes aim to generate sufficient funds to repay a loan incurred to meet obligations under a redundancy agreement in the stevedoring industry. The new rates are effective from 1 January 1985, with the local cargo rate also increasing automatically under Section 7 of the Act once the overseas cargo rate is in effect. The amended regulations apply across the Commonwealth of Australia and impact stevedoring entities and employers within the industry.
Key Provisions
The main operative sections of the Statutory Rules 1984 No. 466 pertain to the amendment of the rates for the Stevedoring Industry Levy as prescribed by the Stevedoring Industry Levy Act 1977. Specifically, Section 6 of the Act, which deals with the bulk handling man-hour of employment, will see its levy rate increased from 88 cents to $1.03 per bulk handling man-hour (Section 6). Similarly, Section 8 of the Act, concerning the levy on overseas cargo, will have its rate increased from 45 cents to 53 cents per tonne of cargo loaded into or unloaded from ships (Section 8). These amendments reflect the recommendations made by the Stevedoring Industry Finance Committee to the Minister for Employment and Industrial Relations, intended to generate additional funds to repay a loan related to industry obligations.
These amendments impose specific obligations on entities involved in the stevedoring industry, particularly those responsible for the payment of the levy. Employers and operators in the stevedoring sector must comply with the new levy rates, ensuring accurate calculations and timely payments in accordance with the updated rates (Sections 6 and 8). The increased rates necessitate adjustments in financial planning and reporting to accurately reflect the new levy amounts in their accounting records and submissions to relevant authorities.
Failure to comply with the new levy rates can result in civil and criminal consequences. For instance, entities that fail to remit the correct amount of levy may face fines or other penalties as prescribed by the Act. The precise penalties are not detailed in the explanatory statement, but typically, under the Stevedoring Industry Levy Act 1977, breaches could lead to financial penalties that are proportionate to the non-compliance, along with potential legal action. It is also worth noting that ongoing non-compliance could further exacerbate legal and financial repercussions, including court orders or even criminal charges in severe cases. The exact penalties would depend on the specifics of the breach and the discretion of the court.