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

Overview

The Stevedoring Industry Levy (Rates of Levy) Regulations, 1978, are a legislative instrument designed to implement specific provisions of the Stevedoring Industry Levy Act 1977. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to address the need for prescribed rates of levy for the stevedoring industry as recommended by the Stevedoring Industry Finance Committee. The policy objective is to ensure that the stevedoring industry contributes appropriately to its financial management through the specified levy rates. These regulations came into operation on 1 December 1978, setting the rates at $1.09 per man-hour for certain purposes and $6.14 per man-hour for others, as stipulated in the Act.

Scope and Application

The Stevedoring Industry Levy (Rates of Levy) Regulations pertain to the imposition of a levy on the stevedoring industry as stipulated under the Stevedoring Industry Levy Act 1977. The Act applies to entities and persons engaged in the stevedoring industry, specifically targeting the financial contributions based on the man-hours of employment. These regulations establish the rates of the levy, with $1.09 per man-hour for certain purposes and $6.14 per man-hour for other specified purposes under the Act. The geographic reach of these regulations is confined to the Commonwealth of Australia, thereby impacting all stevedoring activities conducted within the country. There are no stated exclusions, exemptions, or thresholds in the provided text, implying that the levy applies universally to all entities engaged in the stevedoring industry across Australia. The rates prescribed are set out in subordinate instruments, indicating that these may be subject to review and amendment as recommended by the Stevedoring Industry Finance Committee.

Key Provisions

The Stevedoring Industry Levy (Rates of Levy) Regulations establish the specific rates of levy that are prescribed under the Stevedoring Industry Levy Act 1977. According to section 4(1), the rate for stevedoring workers employed under the provisions of paragraph 5(a) of the Act is set at $1.09 per man-hour. Conversely, for stevedoring workers employed under paragraph 5(b), the rate is $6.14 per man-hour as stipulated in section 4(2). These rates are crucial as they define the financial contributions that stevedoring companies must make based on the type of employment of their workers. These Regulations impose clear obligations on stevedoring companies to accurately calculate and remit the prescribed levies to the relevant authorities. Companies must ensure that they differentiate between the types of employment and apply the correct levy rates accordingly. This involves maintaining accurate records of hours worked by employees under each category and calculating the total levy due based on these hours. Failure to comply with these Regulations can result in serious consequences. Specifically, section 9 of the Stevedoring Industry Levy Act 1977, which these Regulations implement, provides for penalties in case of non-compliance. Companies found to be in breach of the levy requirements can be subject to fines. The exact amount of these fines is not specified in the Regulations, but the Act allows for significant penalties to be imposed, reflecting the seriousness of non-compliance with these financial obligations.