Stevedoring Industry (Temporary Provisions) Amendment Act 1976

Overview

The Stevedoring Industry (Temporary Provisions) Amendment Act 1976 was enacted to amend the Stevedoring Industry (Temporary Provisions) Act 1967-1974. This Act was brought into effect by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia. The primary purpose of this legislation was to address certain provisions related to the stevedoring industry, specifically in relation to the cessation of the operation of the Act and the refund of part of the charge for certain waterside workers employed by the Fremantle Port Authority. The policy objective is implicitly to ensure that the stevedoring industry remains functional and that the rights of workers, particularly those employed by the Fremantle Port Authority, are adequately protected. The cessation of operation of the Act was delayed by amending section 4 of the Principal Act to change the effective date from 1 July 1976 to 1 January 1977. Additionally, this Act allows for the refund of part of the charge for crane drivers employed by the Fremantle Port Authority who have been continuously employed there before the commencement of the Act, provided they are registered as waterside workers and the Fremantle Port Authority is liable for their long service leave and superannuation benefits. This amendment is intended to alleviate some of the financial burdens on the Fremantle Port Authority while ensuring that the workers' benefits are adequately funded.

Scope and Application

The Stevedoring Industry (Temporary Provisions) Amendment Act 1976 applies to individuals who are employed by the Fremantle Port Authority as crane drivers, provided they have been continuously employed in this capacity prior to the commencement of the Act. Furthermore, it applies to those who are registered as waterside workers under the Stevedoring Industry Act and in respect of whom the Fremantle Port Authority is liable to pay long service leave benefits and contributions for superannuation benefits. This Act extends to the Commonwealth jurisdiction, and its provisions are designed to amend the Stevedoring Industry (Temporary Provisions) Act 1967-1974 by extending its operation until 1 January 1977 and providing for the refund of part of the charge in respect of certain waterside workers employed by the Fremantle Port Authority. The Act does not explicitly state any exclusions, exemptions, or thresholds, and it does not extend or restrict its application through subordinate instruments.

Key Provisions

The Stevedoring Industry (Temporary Provisions) Amendment Act 1976 introduces several key provisions, primarily amending the Stevedoring Industry (Temporary Provisions) Act 1967-1974 (Principal Act). Section 1 establishes the title and citation of the new Act, referring to the Principal Act as amended by this Act as the Stevedoring Industry (Temporary Provisions) Act 1967-1976. Section 2 specifies that the Act comes into operation on the day it receives the Royal Assent. Section 3 amends Section 4 of the Principal Act to change the cessation date of the Act from 1 July 1976 to 1 January 1977. A significant addition is Section 7c, which provides for the refund of part of the charge in respect of certain waterside workers employed by the Fremantle Port Authority. Under Section 7c, the new provision applies to specific persons who are employed by the Fremantle Port Authority as crane drivers and have been employed continuously since before the commencement of this section, are registered as waterside workers under the Stevedoring Industry Act, and for whom the Fremantle Port Authority is liable to pay long service leave benefits and contributions for superannuation benefits. The Australian Stevedoring Industry Authority may, subject to any direction of the Minister, pay to the Fremantle Port Authority an amount equal to such part of the charge as it considers appropriate, taking into account the proportion of the amounts paid under the Stevedoring Industry Act applied for meeting the cost of contributions and the expenditure required for payment of long service leave benefits to these workers if they were entitled under the Stevedoring Industry Act and its regulations. The Act imposes several obligations on the parties it governs. The Australian Stevedoring Industry Authority is tasked with determining the appropriate amount of the refund to be paid to the Fremantle Port Authority based on specific criteria, including the proportion of amounts paid for contributions and the expenditure required for long service leave benefits. The Fremantle Port Authority, as the employer, must ensure that the workers to whom Section 7c applies meet the specified criteria of continuous employment and registration as waterside workers. Additionally, the Fremantle Port Authority must have paid the relevant charge imposed by the Stevedoring Industry Charge Act 1947-1975 for the refund to be considered. Failure to comply with the provisions of the Act may lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed within the text provided. Typically, breaches of such legislative provisions can result in fines, imprisonment, or other penalties as prescribed by the relevant laws, but the exact penalties would need to be referred to in the specific statutes or regulations associated with the Stevedoring Industry Act and the Stevedoring Industry Charge Act. The Act, however, does not explicitly state the maximum penalties for breaches within the excerpt provided.