Commonwealth Numbered Regulations - Explanatory Statements

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STEVEDORING INDUSTRY LEVY COLLECTION REGULATIONS (AMENDMENT) 1991 NO. 12

STATUTORY RULES 1991 No. 12

Stevedoring Industry Levy Collection Regulations (Amendment)

(Amendment of regulations 6, 11 and 12)

(Issued under the Authority of the Minister of Industrial Relations)

Paragraph 11(f) of the Stevedoring Industry Levy Collection Act 1977 (the Levy Collection Act) authorises the Governor-General to make regulations prescribing penalties, not exceeding $200, for offences against regulations made for the purposes of the Act.

Section 20 of the Stevedoring Industry Legislation Amendment Act 1990 amends paragraph 11(f) of the Levy Collection Act to allow the making of regulations prescribing penalties of up to $1,600 for offences against the regulations made for the purposes of the Act.

Sub-section 5(1A) of the Acts Interpretation Act 1901 provides that an Act comes into operation on the twenty-eighth day after the Royal Assent is given by the Governor-General. The Royal Assent has been given to the Stevedoring Industry Legislation Act 1990 which does not contain an alternative commencement provision.

Section 4 of the Acts Interpretation Act 1901 provides that where an Act amends another Act to confer a power to make regulations for the purposes of that Act then the power conferred may be exercised before the Act comes into operation. Such regulations come into force when the Act commences.

The proposed Regulation amends the Stevedoring Industry Levy Collection Regulations to impose the maximum penalty of $1,000 for breaches of the following regulations which are set out in the table to the regulation:

•       Regulation 6 - Penalty for failure to comply with regulation 5 of the principal Regulations which requires ships' agents to submit a return to the stevedoring employer notifying the employer of the amounts of cargo, loaded into or unloaded from the ship;

•       Regulation 11 - Penalty for failure to keep records relating to the employment of waterside workers;

•       Regulation 12 - Penalty for failure to give information to a prescribed person relating to the employment of waterside workers.