Transport Workers (Seamen) Regulations (Amendment)

Overview

Statutory Rules 1940 No. 62, made under the Transport Workers Act 1928-1929, amends the Transport Workers (Seamen) Regulations by altering the composition of committees responsible for overseeing licensing of seamen. Enacted by the Governor-General in Council, the regulation aims to ensure balanced representation within these committees, reflecting both employer interests and the interests of licensed seamen. This amendment addresses the need for fair and equitable representation in maritime licensing processes, aligning with the policy objectives of the Transport Workers Act to maintain orderly and fair industrial relations within the transport sector.

Scope and Application

The Transport Workers (Seamen) Regulations, 1940, made under the Transport Workers Act 1928-1929, apply to the maritime industry and specifically to seamen working within the Commonwealth of Australia. These regulations amend the composition of the Committees established under the Transport Workers (Seamen) Regulations, ensuring that each Committee consists of a Licensing Officer and four other appointed members, with two representatives from the employers of seamen and two from licensed seamen. This amendment aims to balance the representation of both employers and employees within the regulatory framework governing maritime workers. The regulations are applicable nationally, covering all ports within the Commonwealth of Australia, and aim to ensure fair and effective regulation of the maritime industry. The Transport Workers Act 1928-1929 and its subordinate instruments do not specify any exclusions or exemptions, meaning that the regulations apply broadly to all relevant persons and entities within the scope of the Act.

Key Provisions

The primary operative section of this legislative instrument is Regulation 14a of the Transport Workers (Seamen) Regulations, which has been amended to redefine the composition of the Committee. Specifically, sub-regulation (3.) now mandates that each Committee must consist of a Licensing Officer and four other individuals appointed by the Minister (Transport Workers (Seamen) Regulations 1935, as amended). Of these four, two must be chosen by the Minister to represent the employers of seamen at the port, while the other two must represent licensed seamen. This amendment ensures a balanced representation of both employers and employees within the decision-making process of the Committee. The Act imposes certain obligations and requirements on the parties and entities it governs. The Minister is tasked with appointing four additional members to the Committee, ensuring that two of these individuals represent the employers of seamen and the other two represent licensed seamen. This requirement underscores the importance of equitable representation in the decision-making process related to seamen licensing and other related matters. The Licensing Officer, who is also a member of each Committee, must work collaboratively with the appointed representatives to fulfil their duties under the Transport Workers Act 1928-1929. Any breaches of the provisions set out in this legislative instrument may lead to civil or criminal consequences. However, the specific offences, penalties, or consequences for non-compliance are not detailed within the text of this statutory rule. It is essential to refer to the Transport Workers Act 1928-1929 and other relevant legislation to understand the full extent of potential consequences for breach. It is important to note that failure to adhere to the requirements outlined in this statutory rule may result in legal action being taken against the offending party or entity.