Stevedoring Industry (Temporary Provisions) Regulations (Amendment)

Legislation au C1971L00116 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No.

 

REGULATIONS UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967-1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1971.

Dated this twenty-sixth day of August, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Phillip Lynch

Minister of State for Labour and National Service.

 

Amendments of the Stevedoring Industry (Temporary Provision’s) Regulations†

Commencement.

1. These Regulations shall come into operation on the first day of September, 1971.

Transfer from Part a 10 Part B of the register of waterside workers.

2. Regulation 5 of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—

“5. Where a waterside worker is registered in Part A of the register of waterside workers at a permanent port or a continuous port and is not less than sixty years of age, he may request the Authority to transfer Fits name to Part B of the register and the Authority shall transfer his name accordingly.”.

Cancellation of the registration of waterside workers.

3. After regulation 13 of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

“13a.—(1.) As soon as practicable after the commencement of this regulation, the Authority shall cancel the registration of each waterside worker whose name is in Part B of the register of waterside workers at a permanent port or a continuous port on the commencing date and was transferred from Part A to Part B of the register on or after the first day of September, 1967—

(a) under section 31a of the Stevedoring Industry Act; or

(b) under regulation 5 of these Regulations.

(2.) The next succeeding sub-regulation applies to a waterside worker at a permanent port or a continuous port, not being a waterside worker whose name is in Part B of the register of waterside workers at such a port on the commencing date—

(a) whose name was in Part A of the register of waterside workers at such a port on the commencing date and who attained the age of sixty-five years before that date; or

(b) who attains the age of sixty-five years on or after that date.

 

* Notified in the Commonwealth Gazette on    1971.

† Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 119; 1969, Nos. 23 and 170; and 1970, Nos. 109 and 118.

18552/71—Price 5c 10/20.8.1971


“(3.) Notwithstanding section 31a of the Stevedoring Industry Act, the Authority shall, subject to the next succeeding sub-regulation, cancel the registration of a waterside worker to whom this sub-regulation applies—

(a) in the case of a waterside worker who attained the age of sixty-five years before the commencing date or attains that age on or within one month after that date—as soon as practicable after—

(i) the expiration of two weeks after the commencing date; or

(ii) he attains the age of sixty-five years,

whichever last occurs; or

(b) in the case of any other waterside worker—as soon as practicable after he attains the age of sixty-five years.

“(4.) The registration of a waterside worker to whom the last preceding sub-regulation applies shall not be cancelled in accordance with that sub-regulation if—

(a) in the case of a waterside worker referred to in paragraph (a) of the last preceding sub-regulation—within two weeks after the commencing date; or

(b) in the case of any ether waterside worker—within one month before he attains the age of sixty-five years,

the waterside worker and the association of employers at the port at which the waterside workers is registered request the Authority not to cancel his registration.

“(5.) The Authority shall cancel the registration of a waterside worker to whom sub-regulation (3.) of this regulation applies and whose registration would have been cancelled but for the last preceding sub-regulation—

(a) as soon as practicable after he attains the age of seventy years; or

(b) if, before he attains that age, the waterside worker or the association of employers, by notice in writing furnished to the Authority, withdraws his or its request with respect to the waterside worker under the last preceding sub-regulation—as soon as practicable after the notice is received by the Authority.

“(6.) In this regulation, ‘the comencing date’ means the first day of September, 1971.”.

4. Regulation 27r of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—

Cancellation on redundency.

27r. The registration of a waterside worker at the port that would have been cancelled under sub-regulation (3.) of regulation 13a of these Regulations but for the operation of sub-regulation (4.) of that regulation shall, on the date of the making of the declaration of redundancy, be cancelled.”.

5. After regulation 27w of the Stevedoring Industry (Temporary Provisions) Regulations the following regulation is inserted:—

Cancellation on redundancy.

“27wa. The registration of a waterside worker at the port that would have been cancelled under sub-regulation (3.) of regulation 13a of these Regulations but for the operation of sub-regulation (4.) of that regulation shall, on the date of the making of the declaration of redundancy, be cancelled.”.

 

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. Regulations Under the Stevedoring Industry (Temporary Provisions) Act 1967-1971 were introduced to amend the existing regulations under the Stevedoring Industry (Temporary Provisions) Act 1967-1971. Enacted by the Governor-General in Australia, these regulations were established to address issues surrounding the management and registration of waterside workers, particularly in relation to age-related transfers and cancellations of registrations. The objective of these regulations is to streamline the processes of transferring and cancelling the registrations of waterside workers in line with age-related provisions and redundancy declarations. The regulations outline specific procedures for the transfer of workers from Part A to Part B of the register upon reaching a certain age, as well as the cancellation of registrations based on age and redundancy.

Scope and Application

The Stevedoring Industry (Temporary Provisions) Regulations 1971, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1971, apply to waterside workers registered in the register of waterside workers, specifically targeting those in Part A and Part B at permanent or continuous ports. The regulations govern the transfer of waterside workers from Part A to Part B of the register, contingent on their age being not less than sixty years, and provide for the cancellation of registrations based on age and redundancy. Specifically, the Authority is mandated to cancel the registration of workers whose names appear in Part B of the register on the commencement date, those transferred from Part A to Part B on or after 1 September 1967, and those who attain the age of sixty-five years on or after the commencement date, unless exempted by a request from the worker or the association of employers. The regulations also address the cancellation of registration upon redundancy and outline procedures for such cancellations. These regulations have a national reach as they are enacted under Commonwealth legislation and apply across Australia.

Key Provisions

These Regulations, effective from 1 September 1971, introduce several key provisions under the Stevedoring Industry (Temporary Provisions) Act 1967-1971. Firstly, regulation 5 permits a waterside worker registered in Part A of the register at a permanent or continuous port, who is aged sixty or above, to request a transfer of their registration to Part B, which the Authority must then process. Regulation 13a outlines the criteria and timelines for the cancellation of waterside workers' registrations. Specifically, it mandates the cancellation of registrations for workers who were in Part B as of the commencement date and were transferred post 1 September 1967 (sub-regulation 13a(1)). It also requires the cancellation of registrations for workers who were in Part A as of the commencement date and attained the age of sixty-five before that date, or who turn sixty-five on or after the commencement date (sub-regulation 13a(2)). Furthermore, sub-regulation 13a(3) states that the Authority must cancel the registration of such workers within a specified timeframe after the commencement date or their sixty-fifth birthday, unless the worker and the association of employers request otherwise (sub-regulation 13a(4)). If the request is made, the registration will remain in effect until the worker turns seventy or if the request is withdrawn in writing (sub-regulation 13a(5)). Lastly, regulation 27r and 27wa ensure that the registration of waterside workers will be cancelled upon a declaration of redundancy. The Regulations impose several obligations on the parties involved. Waterside workers who meet the age criteria and are registered in Part A must request a transfer to Part B if they wish to avoid automatic cancellation of their registration. The Authority is required to process these requests and cancel registrations according to the timelines and conditions specified. Additionally, the Authority must communicate with the waterside workers and the associations of employers to manage requests for cancellation deferral and handle redundancy declarations. The associations of employers also have the obligation to communicate with the Authority if they wish to prevent the cancellation of a waterside worker's registration. Failure to comply with the provisions of these Regulations may result in various consequences. The most significant consequence pertains to the automatic cancellation of waterside workers' registrations if the stipulated conditions are not met. For example, waterside workers who do not request a transfer from Part A to Part B, or who do not make a timely request to defer cancellation, will have their registrations cancelled. Additionally, any misrepresentation or failure to provide accurate information to the Authority may lead to further scrutiny and potential enforcement actions. Although the Regulations do not explicitly state penalties, non-compliance could result in legal challenges and administrative actions to ensure adherence to the stipulated provisions.

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