EXPLANATORY STATEMENT
Statutory Rules 1986 No 371
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 Sections 5, 6, 7 and 8 of the Stevedoring Industry Levy Act 1977 (the Act).
The amendments affect both the general levy under section 5 of the Act and the special levies under sections 6, 7 and 8 of the Act.
The Committee has recommended that the rate of the general levy for the purposes of sub-section 5(a) of the Act, be increased from $1.56 to $2.26 per man-hour for Division A waterside workers (permanent ports) and the rate of levy for the purpose of sub-section 5(b) of the Act, be increased from $10.56 to $11.26 per man-hour for Division B waterside workers (non-permanent ports). The Committee has recommended that the rate of the special levy for the purposes of section 6 of the Act be decreased from 68 cents to 49 cents per bulk handling man-hour of employment and the rate of the levy for the purposes of section 7 of the Act be decreased from 26.25 cents to 5 cents per tonne of local cargo loaded into ships. The Committee has also recommended that the rate of levy for the purposes of section 8 of the Act be decreased from 35 cents to 25 cents per tonne of overseas cargo loaded into or unloaded from ships. The Committee has requested that the adjustments should come into effect on and from 29 December 1986.
The Committee’s recommendation for an increase in the general levy rates in relation to section 5 of the Act is the result of the increase in the cost of contributions to the Stevedoring Employees Retirement Fund (SERF) arising out of the ACTU’s 3 per cent productivity claim. The Committee’s recommendations for a reduction in the special levy rates in relation to sections 6, 7 and 8 of the Act are the result of an over-recovery in the redundancy deficit account.
The amended regulations have effect from 29 December 1986.
Overview
The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) Statutory Rules 1986 No 371, issued under the authority of the Minister for Employment and Industrial Relations, were enacted to implement changes to the levy rates for stevedoring industry workers as recommended by the Stevedoring Industry Finance Committee. These amendments, which took effect from 29 December 1986, address the need to adjust the rates of levy to account for changes in operational costs and financial circumstances within the industry. The increased rates for the general levy were driven by higher contributions to the Stevedoring Employees Retirement Fund (SERF) due to a productivity claim, while the reductions in special levies resulted from an over-recovery in the redundancy deficit account. The overall policy objective was to ensure that the levy rates accurately reflected the current financial realities of the stevedoring industry, thereby maintaining the financial stability and sustainability of the industry.
Scope and Application
The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) Statutory Rules 1986 No 371, issued under the authority of the Minister for Employment and Industrial Relations, implement changes to the rates of the stevedoring industry levy as recommended by the Stevedoring Industry Finance Committee. These amendments pertain to both the general levy under section 5 of the Stevedoring Industry Levy Act 1977 and the special levies under sections 6, 7, and 8 of the Act. Specifically, the general levy for Division A waterside workers (permanent ports) is increased from $1.56 to $2.26 per man-hour, and for Division B waterside workers (non-permanent ports) from $10.56 to $11.26 per man-hour. Conversely, the special levies are reduced, with the rate for bulk handling employment dropping from 68 cents to 49 cents per man-hour, and the rate per tonne of local and overseas cargo loaded into or unloaded from ships decreasing from 26.25 cents to 5 cents, and from 35 cents to 25 cents respectively. The adjustments, as per the Committee's request, are effective from 29 December 1986, reflecting changes due to the cost of contributions to the Stevedoring Employees Retirement Fund and over-recovery in the redundancy deficit account. These regulations apply nationally and affect all entities and persons involved in stevedoring activities within Australia.
Key Provisions
The Statutory Rules 1986 No 371, which amend the Stevedoring Industry Levy (Rates of Levy) Regulations, introduce changes to the rates of levy prescribed for the purposes of several sections of the Stevedoring Industry Levy Act 1977 (hereafter the Act). The changes primarily affect the general levy under section 5 of the Act and the special levies under sections 6, 7, and 8 of the Act. According to the explanatory statement, these amendments aim to implement the recommendations made by the Stevedoring Industry Finance Committee (the Committee) to the Minister for Employment and Industrial Relations.
Under the amended regulations, the rate of the general levy for Division A waterside workers (permanent ports) will increase from $1.56 to $2.26 per man-hour as per section 5(a) of the Act, and for Division B waterside workers (non-permanent ports), it will increase from $10.56 to $11.26 per man-hour as per section 5(b) of the Act. In contrast, the rate of the special levy for section 6 of the Act will decrease from 68 cents to 49 cents per bulk handling man-hour of employment, for section 7 from 26.25 cents to 5 cents per tonne of local cargo loaded into ships, and for section 8 from 35 cents to 25 cents per tonne of overseas cargo loaded into or unloaded from ships. These adjustments are set to take effect from 29 December 1986.
The entities governed by the amended regulations, primarily stevedoring companies and workers in the stevedoring industry, will be required to comply with the new levy rates as stipulated in the Act. This means that they must adjust their payment of levies accordingly, with the new rates reflecting the changes implemented through these regulations. The changes to the general levy rates are a direct result of the increased cost of contributions to the Stevedoring Employees Retirement Fund (SERF) due to the ACTU's 3 per cent productivity claim. Conversely, the reductions in special levy rates are a result of an over-recovery in the redundancy deficit account.
Failure to comply with the new levy rates set out in the amended regulations could result in legal consequences for the parties involved. Under the Act, breaches of the prescribed levy rates could potentially lead to both civil and criminal penalties. The maximum penalties for such breaches may include fines, imprisonment, or both, depending on the severity of the violation. It is important for the parties governed by the amended regulations to be aware of their obligations and ensure compliance to avoid any potential legal repercussions.