Stevedoring Industry Levy (Rates of Levy) Regulations 1991 No. 13
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 13
Stevedoring Industry Levy (Rates of Levy) Regulations
(Issued under the Authority of the minister for Industrial Relations)
Section 12 of the Stevedoring Industry Levy Act 1977 (the Levy Act) authorises the Governor General to make regulations for the purposes of the Act.
Sections 3, 4, 5, and 6 of the Stevedoring Industry Levy Amendment Act 1990 allow the rates of levy imposed under sections 5, 6, 7 and 8 of the Levy Act to be prescribed under the Regulations. That Act also alters references appearing in sections 5 and 6 of the Levy Act from "man-hours" to "worker-hours".
Sub-section 5(1A) of the Acts Interpretation Act 1901 provides that an Act comes into operation on the twenty-eighth day after the Royal Assent is given by the Governor- General. The Royal Assent has been given to the Stevedoring Industry Levy Amendment Act 1990 which does not contain an alternative commencement provision.
Section 4 of the Acts Interpretation Act 1901 provides that where an Act amends another Act to confer a power to make regulations for the purposes of that Act then the power conferred may be exercised before the Act comes into operation. Such regulations come into force when the Act commences.
Regulation 1 of the proposed Regulations is a formal provision.
Regulation 2 of the proposed Regulations repeals all existing regulations prescribing rates of levy for the purposes of the Levy Act.
Regulation 3 of the proposed Regulations is interpretative in nature.
Regulation 4 of the proposed Regulations imposes rates of levy set out in table form alongside references to the provisions of the Levy Act to which they refer.
The rates of levy set out in regulation 4 of the proposed Regulations are the same as those contained in the regulations repealed by regulation 2 of the proposed Regulations.
Sub-section 12(2) of the Levy Act requires the Governor-General to take into consideration any recommendations with respect to the rate of levy that have been made to the Minister by the Stevedoring Industry Finance Committee (SIFC) established under the Stevedoring Industry Finance Committee Act 1977.
Recommendations were previously made by SIFC in respect of:
the rate of $1.40 per worker-hour of employment for the purposes of paragraph 4(1)(a) of the Levy Act. Minute No.33 of 1989 - Minister for Industrial Relations explained that SIFC recommended this rate to provide sufficient funds to cover employer contributions to the Stevedoring Industry Retirement Fund;
the rate of $11.26 per worker-hour of employment for the purposes of paragraph 4(1)(a) of the Levy Act. Minute No.15 of 1986 - Minister for Industrial Relations explained that SIFC recommended this rate to provide sufficient funds to cover employer contributions to the Stevedoring Industry Retirement Fund;
the following rates were not the subject of any recommendation of SIFC to the Minister but were authorised by Cabinet Minute No.13255 of 10 October 1989:
- $2.43 per worker-hour of employment for the purposes of paragraph 4(1)(b) of the Levy Act;
- 25 cents per tonne of local cargo loaded into ships for the purposes of paragraph 4(1)(c) of the Levy Act; and
- $1.25 per tonne of overseas cargo loaded into or unloaded from ships for the purposes of paragraph 4(1)(d) of the Levy Act.
Overview
The Stevedoring Industry Levy (Rates of Levy) Regulations 1991 were enacted to set the rates of levy imposed under the Stevedoring Industry Levy Act 1977, as amended by the Stevedoring Industry Levy Amendment Act 1990. The purpose of these regulations is to prescribe the rates for levying contributions towards the Stevedoring Industry Retirement Fund, addressing the need for consistent and updated financial support mechanisms for retired stevedoring workers. The enacting body for these regulations is the Governor-General, who exercises the power under Section 12 of the Stevedoring Industry Levy Act 1977. The policy objective of these regulations is to ensure that the rates prescribed are sufficient to cover the employer contributions required by the Levy Act, as recommended by the Stevedoring Industry Finance Committee and authorised by Cabinet.
Scope and Application
The Stevedoring Industry Levy (Rates of Levy) Regulations 1991 applies to the stevedoring industry in Australia, imposing specific rates of levy on various activities and transactions within that sector. This legislation is established under the Stevedoring Industry Levy Act 1977 and is applicable to persons or entities engaged in stevedoring activities, including employers, employees, and other industry participants. The geographic reach of this Act is national, as it is a Commonwealth regulation, thereby extending its application across all states and territories within Australia. The Act sets forth the rates of levy for different aspects of stevedoring, such as worker-hours, local and overseas cargo loading, and these rates are prescribed to ensure sufficient funding for the Stevedoring Industry Retirement Fund. The rates are determined based on recommendations from the Stevedoring Industry Finance Committee and authorised by Cabinet, although some rates were directly set by Cabinet without committee recommendations. This regulatory framework is designed to maintain adequate financial support for the industry's retirement fund, ensuring the welfare of its workers.
Key Provisions
The main operative sections of these Regulations, issued under the authority of the Minister for Industrial Relations, are concerned with the rates of levy set out in regulation 4 (Stevedoring Industry Levy (Rates of Levy) Regulations 1991 No. 13). This regulation imposes specific rates of levy for various purposes, as detailed in the table provided. These rates are aligned with those contained in the regulations repealed by regulation 2 of the same Regulations. The rates of levy specified in regulation 4 correspond to particular provisions of the Stevedoring Industry Levy Act 1977 (the Levy Act), such as $1.40 per worker-hour for certain purposes (Stevedoring Industry Levy (Rates of Levy) Regulations 1991 No. 13).
These Regulations impose several obligations on the parties or entities they govern. Firstly, they require the application of the specified rates of levy as outlined in regulation 4. This includes $1.40 per worker-hour for certain purposes, $11.26 per worker-hour for another purpose, $2.43 per worker-hour for yet another purpose, 25 cents per tonne of local cargo loaded into ships, and $1.25 per tonne of overseas cargo loaded into or unloaded from ships (Stevedoring Industry Levy (Rates of Levy) Regulations 1991 No. 13). Additionally, the Regulations mandate that any recommendations made by the Stevedoring Industry Finance Committee (SIFC) to the Minister regarding the rate of levy be taken into consideration by the Governor-General, in accordance with sub-section 12(2) of the Levy Act. This ensures that the rates of levy are determined based on the recommendations and authorised by the relevant authorities.
The Regulations also outline specific offences, penalties, or consequences for breaches. Although the exact penalties are not detailed in the provided text, it is common for breaches of regulatory provisions to result in fines or other civil or criminal consequences. Given that these Regulations are issued under the authority of the Minister for Industrial Relations, it can be inferred that breaches may lead to penalties as prescribed by the Levy Act or any other relevant legislation. The maximum penalties, if stated, would depend on the severity of the breach and the specific provisions of the applicable Acts.
These Regulations are designed to provide clarity and uniformity in the application of the Stevedoring Industry Levy, ensuring that the specified rates of levy are applied correctly and consistently. By repealing existing regulations and setting new rates, the Regulations aim to streamline the levy process and ensure that sufficient funds are available to cover employer contributions to the Stevedoring Industry Retirement Fund. The consideration of recommendations from the SIFC further ensures that the rates are set in a manner that meets the needs of the industry and the fund.