Transport Workers Regulations (Amendment)

Legislation au C1928L00111 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1928. No. 111.

 

REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Transport Workers Act 1928 to come into operation as from the thirty-first day of October, One thousand nine hundred and twenty-eight.

Dated the thirtieth day of October, 1928.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

S. M. BRUCE

Minister of State for Trade and Customs.

 

Amendments of the Transport Workers Regulations.

(Statutory Rules 1928, No. 98.)

Definition.

1. Regulation 2 of the Transport Workers Regulations is amended by adding, at the end of the definition of “Waterside Worker”, the following words:—“as to cargo, coal, or oil fuel (whether for bunkers or not), and includes (except as otherwise declared by the Minister by notice in the Gazette) persons working in or alongside the ship in connexion with the direction or checking of the work of other waterside workers, but does not include (except as otherwise declared by the Minister by notice in the Gazette)—

(a) the members of the crew of a ship on the ship’s articles; or

(b) the members of the crew of a lighter who do not handle cargo or bunker fuel.”

2. After regulation 5 of the Transport Workers Regulations the following regulation is inserted:—

Licences for a group of ports.

“5a. (1) A licensing officer may be appointed for a group of ports, and in that case licences granted by him shall be in respect of all those ports.

(2) The appointment of a licensing officer may be varied by the inclusion of another port among the ports for which he is appointed, or by the exclusion of a port from among those for which he was previously appointed; and thereupon all licences granted by him before the variation shall be deemed to be in respect of the ports to which his appointment as so varied extends, and of no others.”

Issue of tickets.

3. Regulation 7 of the Transport Workers Regulations is amended by inserting in sub-regulation (1) after the word “port” the words “or ports”.

2840—Price 3d.


4. After regulation 8 of the Transport Workers Regulations the following regulation is inserted:—

Licence for another port.

“8a. (1) Where a waterside worker licensed in respect of a port or ports desires to obtain a licence in respect of another port, he may make an application in the Form D in the Schedule to the licensing officer for the latter port.

(2) An application made under this regulation shall be accompanied by a fee of one shilling.

(3) Upon receipt of the application, and upon receipt of the licence and ticket previously held by the applicant, the licensing officer may cancel that licence and ticket, and issue to the applicant a licence and ticket for the other port.”

5. Regulation 9 of the Transport Workers Regulations is amended—

(a) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

(1) A licensing officer may cancel a licence granted under these Regulations to a waterside worker in any case as to which he is satisfied that the worker after a licence has been granted to him—

(a) has refused or failed to comply with any lawful order or direction given in relation to his employment; or

(b) having offered for work or engaged to work as a waterside worker, has refused to work in accordance with the terms of a current award of the Commonwealth Court of Conciliation and Arbitration applying to waterside workers; or

(c) has, either alone or in company with other persons, exercised or attempted to exercise intimidation or violence in relation to, or used threatening or abusive language to, any transport worker or to any person who holds a licence under these Regulations; or

(d) has been convicted of an offence against these Regulations, or of an offence under Commonwealth or State law committed upon a wharf, pier, jetty, hulk, barge, or ship”; and

(b) by adding at the end thereof the following sub-regulation:—

(5) If, where a licence has been cancelled under paragraph (c) of sub-regulation (1) of this regulation, the Court on the hearing of an appeal against the cancellation of the licence is satisfied that the intimidation or violence, or the threatening or abusive language, had no relation to the employment of the transport worker, or to the fact that the transport worker had offered for, accepted, or continued in employment as a transport worker, the Court shall order the restoration of the licence.”


Unlicensed persons not to engage as waterside workers.

6. Regulation 10 of the Transport Workers Regulations is amended by inserting after the word “Regulations” the words “to engage as a waterside worker in respect of that port”.

Dual applications.

7. Regulation 15 of the Transport Workers Regulations is amended by inserting in paragraph (a) after the word “Regulations” the words “or under regulation 8a of these Regulations”.

8. At the end of the Schedule to the Transport Workers Regulations the following form is added:—

“Form D. COMMONWEALTH OF AUSTRALIA.

Transport Workers Act 1928.

Transport Workers Regulations.

application by licensed waterside worker for licence for another port.

(a) Here insert name in full.

(b) Here insert address in full.

(c) Here insert name of port at which applicant is licensed.

(d) Here insert name of port at which applicant desires to work as a waterside worker.

I,      (a) of    (b) a licenced waterside worker at the port of                                                                                                  (c) hereby apply for a licence to engage as a Waterside Worker at the port of                                                        (d).

Herewith are my present licence and the ticket issued to me thereunder.

Dated this   day of   , 192 .

Signature of Applicant.”

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Transport Workers Act 1928, enacted by the Commonwealth Parliament, was introduced to regulate the activities of waterside workers, ensuring orderly operations at ports and addressing issues related to licensing, employment conditions, and conduct. The legislation aims to maintain safety, efficiency, and fairness in the transport industry by establishing a framework for licensing and overseeing waterside workers. The Transport Workers Regulations, made under the authority of this Act, further detail the procedures and requirements for licensing, including the processes for obtaining, transferring, and cancelling licences, as well as the grounds for disciplinary action against workers. These regulations also cover the definition of waterside workers and the specific conditions under which they may operate.

Scope and Application

The Transport Workers Regulations, made under the Transport Workers Act 1928, apply to waterside workers, specifically those engaged in handling cargo, coal, or oil fuel in ports, with certain exceptions such as ship crew members who do not handle such materials. These regulations govern the licensing process for waterside workers, establishing procedures for the issuance, transfer, and cancellation of licenses, as well as the application fees associated with these processes. The geographic scope of these regulations is national, as they are federal regulations applying across Australia. Additionally, the regulations allow for the appointment of licensing officers for groups of ports and permit the transfer of licenses between ports with appropriate application and fees. The Act extends its application through subordinate instruments, enabling the Minister to make further declarations and amendments as necessary. The regulations also include provisions for the cancellation of licenses in cases of misconduct or non-compliance with employment terms, providing a structured approach to the oversight and management of waterside workers.

Key Provisions

The Transport Workers Regulations (Statutory Rules 1928, No. 111) introduce several key provisions under the Transport Workers Act 1928. Regulation 2(1) amends the definition of "Waterside Worker" to include individuals working in or alongside ships in connection with the direction or checking of other workers, except crew members and lighter crew who do not handle cargo or bunker fuel (unless otherwise declared by the Minister). Regulation 5a(1) allows for the appointment of a licensing officer for a group of ports, meaning licenses granted by such an officer apply to all ports within that group (Regulation 5a(2)). Regulation 7(1) extends the scope of "port" to include "ports" in the context of issuing tickets. Regulation 8a(1) permits a waterside worker licensed for one port to apply for a license for another port, with a fee of one shilling, and upon approval, the previous license and ticket will be cancelled (Regulation 8a(3)). Regulation 9(1) outlines grounds for cancelling a waterside worker's license, including refusal to comply with lawful orders, failure to adhere to arbitration awards, engaging in intimidation or violence, and conviction of an offence. Regulation 9(5) provides that if a court determines that such actions had no relation to the worker's employment, the license may be restored. The Act imposes various obligations on the parties it governs. Licensing officers are responsible for granting and cancelling licenses according to the specified regulations. Waterside workers must comply with lawful orders, adhere to arbitration awards, and refrain from engaging in intimidation, violence, or abusive language. The Act also mandates that waterside workers obtain licenses before engaging in work, with specific processes for transferring licenses between ports. Additionally, the Act requires workers to pay applicable fees when applying for a new license. Breach of the regulations may lead to various consequences. Regulation 9(1) details specific grounds for license cancellation, including refusal to comply with lawful orders, failure to adhere to arbitration awards, engaging in intimidation or violence, and conviction of an offence. If a court determines that the actions leading to license cancellation were unrelated to the worker's employment, the license may be restored (Regulation 9(5)). Failure to obtain a license before engaging in work as a waterside worker constitutes an offence, and unlicensed persons may face penalties as prescribed by law. While the specific penalties are not detailed in the provided text, they may include fines or other civil or criminal sanctions under relevant legislation.

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Area of Law
Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licences for a group of ports
Offence Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.