Stevedoring Industry (Ports) Regulations (Amendment)

Overview

The Statutory Rules 1972 No. 149, made under the Stevedoring Industry Act 1956-1966, aims to address the need for registered regular waterside workers in the port of Broome, Western Australia, to be available for employment on a day-to-day basis for part of the year. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations are intended to ensure that the workforce requirements of the stevedoring industry are met in the Broome port, thereby maintaining operational efficiency and service continuity. This legislative instrument underscores the policy objective of providing adequate workforce availability to support the stevedoring activities within the specified port, ensuring that the industry's operational needs are adequately addressed.

Scope and Application

The Statutory Rules 1972 No. 149, made under the Stevedoring Industry Act 1956-1966, applies specifically to the port of Broome in the State of Western Australia. This regulation is designed to ensure that registered regular waterside workers in Broome attend or make themselves available for employment throughout part of the year. This legislation aims to maintain the availability of labour necessary for the efficient operation of stevedoring activities at the port, aligning with broader national stevedoring industry regulations. The regulation extends the geographic reach of the Stevedoring Industry (Ports) Regulations to encompass the port of Broome, thereby incorporating it into the framework of stevedoring operations already regulated under the Act. This inclusion is limited to the specific context of Broome and does not extend to other ports within Western Australia or elsewhere in the country unless similarly amended by further regulation. The regulation does not explicitly outline exclusions, exemptions, or thresholds, but it is subject to the overarching provisions and principles of the Stevedoring Industry Act 1956-1966, which may offer additional criteria or conditions.

Key Provisions

The main operative sections of the Statutory Rules 1972 No. 149 under the Stevedoring Industry Act 1956-1966, as evidenced in the First Schedule, pertain to the amendment of the Stevedoring Industry (Ports) Regulations. Specifically, section 1 of the First Schedule amends the existing regulations to include the port of Broome in the State of Western Australia. This amendment signifies that the regulations now apply to registered regular waterside workers in Broome, requiring them to attend or make themselves available for employment from day to day for part of the year. This change effectively extends the regulatory framework to cover the port of Broome, ensuring consistency in employment practices and conditions across all specified ports. The obligations imposed by these regulations on parties or entities governed by the Stevedoring Industry Act include the requirement for registered regular waterside workers in Broome to be available for employment as stipulated. This means that these workers must be ready and willing to work on a daily basis for a designated portion of the year, aligning with the operational needs of the stevedoring industry at the port. Employers, on the other hand, must ensure that they comply with the terms of the regulations by providing work opportunities to these workers when required, thus maintaining a balanced and efficient workforce. The inclusion of Broome in the scope of the regulations ensures that both workers and employers adhere to the same standards and practices as those in other regulated ports. The Statutory Rules 1972 No. 149 do not explicitly detail specific offences, penalties, or consequences for breaches of the amended regulations. However, under the overarching Stevedoring Industry Act 1956-1966, breaches of the regulations could potentially lead to enforcement actions by relevant authorities. Such actions may include fines, sanctions, or other legal repercussions for non-compliance. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions or guidelines set forth by the relevant regulatory bodies. It is important for both workers and employers to be aware of and adhere to the regulations to avoid any potential legal issues.