EXPLANATORY STATEMENT
Statutory Rules 1985 No. 84
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 6 and 8 of the Stevedoring Industry Levy Act 1977.
The Committee has recommended that the rate of the levy for the purposes of Section 6 of the Act be decreased from $1.03 to 68 cents per bulk handling man-hour of employment and the rate of the levy for purposes of Section 8 of the Act be decreased from 53 cents to 35 cents per tonne of overseas cargo loaded into or unloaded from ships. The third special rate of levy decrease does not require a regulation. This decrease will take effect automatically in accordance with section 7 of the Act once the decrease in respect of overseas cargo is in place.
The Committee’s recommendation for a reduction in the levy rates arises from the fact that the component of the levies which has been used since 1977 to fund the industry deficit was paid out in March 1985. The ‘industry deficit’ was predominantly a shortfall in long service leave provisions for waterside workers that existed when the Australian Stevedoring Industry Authority was wound up in 1977.
The amended regulations are to come into effect on the date of gazettal.
Overview
The Statutory Rules 1985 No. 84, issued under the authority of the Minister for Employment and Industrial Relations, make amendments to the Stevedoring Industry Levy (Rates of Levy) Regulations, originally established under the Stevedoring Industry Levy Act 1977. The purpose of these amendments is to implement the recommendations made by the Stevedoring Industry Finance Committee, aiming to adjust the rate of levy to reflect changes in industry conditions. Specifically, the amendments decrease the levy rate from $1.03 to 68 cents per bulk handling man-hour of employment, and from 53 cents to 35 cents per tonne of overseas cargo loaded into or unloaded from ships. The policy objective is to ensure that the levy rates remain appropriate following the resolution of the historical industry deficit, which was primarily a shortfall in long service leave provisions for waterside workers, and which was fully paid out in March 1985. These changes are designed to take effect on the date of their gazettal.
Scope and Application
The Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment) Statutory Rules 1985 No. 84 apply to the stevedoring industry in Australia, particularly to the entities involved in the bulk handling of employment and overseas cargo loading and unloading activities. These regulations are made pursuant to the Stevedoring Industry Levy Act 1977 and the authority of the Minister for Employment and Industrial Relations. The primary objective of these amendments is to adjust the rates of levy prescribed under the Act in response to recommendations from the Stevedoring Industry Finance Committee. Specifically, the rate of levy for bulk handling employment has been reduced from $1.03 to 68 cents per man-hour, and the rate for overseas cargo has been decreased from 53 cents to 35 cents per tonne. This adjustment is effective from the date of gazettal and follows the resolution of the industry deficit, which primarily involved long service leave provisions for waterside workers following the winding up of the Australian Stevedoring Industry Authority in 1977. The regulations apply nationally and do not contain any explicit exclusions or exemptions, though the scope is inherently limited to the stevedoring industry. Any further application or interpretation may be guided by subordinate instruments issued under the authority of the relevant Minister.
Key Provisions
The key operative sections of the Statutory Rules 1985 No. 84, which amend the Stevedoring Industry Levy (Rates of Levy) Regulations, involve significant changes to the rates of levy prescribed under the Stevedoring Industry Levy Act 1977 (sections 6 and 8). Section 6, as amended, now requires a levy of 68 cents per bulk handling man-hour of employment, down from the previous rate of $1.03. Similarly, Section 8 now prescribes a levy of 35 cents per tonne of overseas cargo loaded into or unloaded from ships, a decrease from the former rate of 53 cents. These changes are made effective by the authority of the Minister for Employment and Industrial Relations, following recommendations from the Stevedoring Industry Finance Committee.
The Act imposes specific obligations and requirements on the parties it governs, primarily stevedoring companies and employers within the stevedoring industry. These entities must comply with the amended levy rates as set forth in the Regulations. Specifically, they must adjust their financial contributions in line with the new rates, ensuring that the correct amounts are levied and remitted to the relevant authorities. This adjustment is necessary to reflect the changes in the legislative framework and ensure that the new rates are accurately applied to their operations.
Breach of the obligations and requirements set out in the amended Regulations can lead to various consequences, including potential penalties and legal ramifications. While the Explanatory Statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with statutory requirements could result in fines, legal action, or other administrative penalties. The exact penalties would be determined in accordance with the provisions of the Stevedoring Industry Levy Act 1977 and any related legislation, and could vary based on the severity and frequency of the breach. Therefore, it is crucial for the governed entities to adhere strictly to the new rates to avoid any adverse consequences.