Stevedoring Industry (Ports) Regulations (Amendment)

Overview

Statutory Rules 1974 No. 116, made under the authority of the Stevedoring Industry Act 1956-1973, was enacted to address the specific needs of registered regular waterside workers at the port of Stanley in Tasmania. This legislative instrument was issued by Paul Hasluck, the Governor-General of Australia, following advice from the Executive Council and after being satisfied of the necessity to amend existing regulations. The amendment to the Stevedoring Industry (Ports) Regulations was intended to ensure that the workforce at the port of Stanley would be subject to the same regulatory framework as other ports, thereby maintaining consistency in labour practices across different ports. The policy objective behind this amendment was to provide a stable and reliable workforce at the port of Stanley, thereby supporting the efficient operation of the stevedoring industry in Tasmania.

Scope and Application

This legislative instrument, Statutory Rules 1974 No. 116, amends the Stevedoring Industry (Ports) Regulations to incorporate the port of Stanley in the State of Tasmania under the Stevedoring Industry Act 1956-1973. This regulation applies specifically to registered regular waterside workers at the designated port, requiring them to attend or make themselves available for employment on a daily basis throughout the year. The geographic reach of this amendment is confined to the state of Tasmania, ensuring that the provisions of the Act are uniformly applied to the workforce in this specific location. Any exclusions, exemptions, or thresholds are not explicitly stated in this particular amendment, but the overarching Act would need to be consulted for a comprehensive understanding. This regulation, therefore, extends the application of the Act to the port of Stanley, ensuring that it falls under the same regulatory framework as other ports covered by the Stevedoring Industry Act 1956-1973.

Key Provisions

The Statutory Rules 1974 No. 116, made under the Stevedoring Industry Act 1956-1973, primarily amend the Stevedoring Industry (Ports) Regulations by adding "Stanley in the State of Tasmania" to the list of ports covered under the regulations (Second Schedule). This amendment ensures that the requirements and provisions of the Stevedoring Industry Act apply to the port of Stanley, integrating it into the regulated stevedoring practices across Australia. Section 2 of the regulation mandates that registered regular waterside workers at the port of Stanley must be available for employment on a daily basis throughout the year, ensuring a consistent workforce and efficient port operations. The Act imposes several obligations on the parties it governs. Registered regular waterside workers at the port of Stanley are required to be available for work on a daily basis, ensuring that there is always a sufficient workforce to handle stevedoring activities. Employers, on the other hand, must adhere to the regulations concerning the employment and availability of these workers, ensuring fair and consistent work arrangements. Additionally, the Act requires employers to register workers and maintain accurate records of their availability and employment status. Violations of the provisions set out in the Stevedoring Industry Act and its regulations can lead to significant consequences. Offenders may face civil or criminal penalties, depending on the nature and severity of the breach. For instance, failure to comply with the availability requirements for workers could result in fines or other penalties as prescribed by the Act. The maximum penalties for breaches can vary, but they are designed to enforce compliance and maintain the integrity of the stevedoring industry. Enforcement of these penalties ensures that both workers and employers adhere to the statutory requirements, fostering a compliant and efficient port environment.