Commonwealth Numbered Regulations - Explanatory Statements

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STEVEDORING INDUSTRY LEVY (RATES OF LEVY) REGULATIONS 1991 NO. 13

STATUTORY RULES 1991 No. 13

Stevedoring Industry Levy (Rates of Levy) Regulations

(Issued under the Authority of the minister for Industrial Relations)

Section 12 of the Stevedoring Industry Levy Act 1977 (the Levy Act) authorises the GovernorGeneral to make regulations for the purposes of the Act.

Sections 3, 4, 5, and 6 of the Stevedoring Industry Levy Amendment Act 1990 allow the rates of levy imposed under sections 5, 6, 7 and 8 of the Levy Act to be prescribed under the Regulations. That Act also alters references appearing in sections 5 and 6 of the Levy Act from "man-hours" to "worker-hours".

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 Levy Amendment 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.

Regulation 1 of the proposed Regulations is a formal provision.

Regulation 2 of the proposed Regulations repeals all existing regulations prescribing rates of levy for the purposes of the Levy Act.

Regulation 3 of the proposed Regulations is interpretative in nature.

Regulation 4 of the proposed Regulations imposes rates of levy set out in table form alongside references to the provisions of the Levy Act to which they refer.

The rates of levy set out in regulation 4 of the proposed Regulations are the same as those contained in the regulations repealed by regulation 2 of the proposed Regulations.

Sub-section 12(2) of the Levy Act requires the Governor-General to take into consideration any recommendations with respect to the rate of levy that have been made to the Minister by the Stevedoring Industry Finance Committee (SIFC) established under the Stevedoring Industry Finance Committee Act 1977.

Recommendations were previously made by SIFC in respect of:

•       the rate of $1.40 per worker-hour of employment for the purposes of paragraph 4(1)(a) of the Levy Act. Minute No.33 of 1989 - Minister for Industrial Relations explained that SIFC recommended this rate to provide sufficient funds to cover employer contributions to the Stevedoring Industry Retirement Fund;

•       the rate of $11.26 per worker-hour of employment for the purposes of paragraph 4(1)(a) of the Levy Act. Minute No.15 of 1986 - Minister for Industrial Relations explained that SIFC recommended this rate to provide sufficient funds to cover employer contributions to the Stevedoring Industry Retirement Fund;

•       the following rates were not the subject of any recommendation of SIFC to the Minister but were authorised by Cabinet Minute No.13255 of 10 October 1989:

-       $2.43 per worker-hour of employment for the purposes of paragraph 4(1)(b) of the Levy Act;

-       25 cents per tonne of local cargo loaded into ships for the purposes of paragraph 4(1)(c) of the Levy Act; and

-       $1.25 per tonne of overseas cargo loaded into or unloaded from ships for the purposes of paragraph 4(1)(d) of the Levy Act.