Stevedoring Industry Levy Collection Act 1977

Act No. 122 of 1977 as amended

[Note: This Act was repealed by Act No. 123 of 2005 on 26 October 2005]

This compilation was prepared on 24 May 2001
taking into account amendments up to Act No. 137 of 2000

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

3A Meaning of stevedoring employee

4 Employment in respect of which levy is payable............

5 Due date for payment............................

6 Returns by employers............................

7 Penalty for non‑payment....................

8 Recovery of levy or penalty........................

8A Information to be furnished by ship’s agent...............

8B Compliance with section 8A requirements................

9 Offences relating to returns etc.......................

10 Access to premises, books etc........................

11 Regulations..................................

12 Expiry of Act.................................

Schedule—Interpretation for Additional Operation of Act

Notes 

An Act relating to the collection of levy imposed by the Stevedoring Industry Levy Act 1977

1  Short title [see Note 1]

  This Act may be cited as the Stevedoring Industry Levy Collection Act 1977.

2  Commencement [see Note 1]

  This Act shall come into operation on the date of commencement of the Stevedoring Industry Acts (Termination) Act 1977.

3  Interpretation

 (1) In this Act, unless the contrary intention appears:

Australia includes the external Territories.

employer means a person who employs stevedoring employees and includes the Crown in right of a State and an authority constituted by or under the law of a State where the State or the authority, as the case may be, employs stevedoring employees.

levy means levy imposed by the Stevedoring Industry Levy Act 1977.

local cargo means cargo that is consigned from a port in Australia to:

 (a) another port in Australia; or

 (b) an off‑shore industry fixed structure; or

 (c) an off‑shore industry mobile unit;

other than cargo consigned on a through bill of lading to or from a port outside Australia.

off‑shore industry fixed structure has the meaning given to it in clause 2 of the Schedule.

off‑shore industry mobile structure has the meaning given to it in clause 3 of the Schedule.

overseas cargo means cargo other than local cargo.

ship includes barge, lighter, hulk or other vessel.

stevedoring employee has the meaning given by section 3A.

stevedoring operations means:

 (a) the loading or unloading of cargo into or from ships;

 (b) the loading or unloading, into or from ships, of ships’ stores, coal or fuel oil (whether for bunkers or not), passengers’ luggage or mails;

 (c) the handling or storage of cargo or other goods at or adjacent to a wharf;

 (d) the driving or operation of mechanical appliances used in connexion with the loading or unloading of ships or with the handling or storage of cargo or other goods at or adjacent to a wharf; and

 (e) haulage or trucking from ship to shed or shed to ship;

and includes:

 (f) the removal or replacing of beams or hatches;

 (g) the handling of dunnage or ballast;

 (h) the preparing or cleaning of holds; and

 (j) the preparation of gear for use in connexion with the loading or unloading of ships;

when that work is performed by a person who is a member, or has applied for membership, of the Maritime Union of Australia.

 (2) In this Act, a reference to a tonne, in relation to the loading of cargo into a ship or the unloading of cargo from a ship shall, if the amount of the cargo that is loaded into or unloaded from the ship is recorded in a prescribed document relating to the cargo by reference to the volume of the cargo and is not also recorded by reference to the weight or mass of the cargo, be read as a reference to a cubic metre.

3A  Meaning of stevedoring employee

 (1) Subject to this section, a reference in this Act to a stevedoring employee is a reference to someone who is a member, or has applied for membership, of the Maritime Union of Australia and is employed for work in the loading of cargo into or onto, or the unloading of cargo from, ships.

 (2) Without limiting the generality of subsection (1) but subject to subsection (3), a reference in this Act to a stevedoring employee includes a reference to anyone who is employed for work in:

 (a) the loading into or onto, or the unloading from, ships, of ships’ stores, coal or fuel oil (whether for bunkers or not), passengers’ luggage or mail; or

 (b) the handling or storage of cargo or other goods at or adjacent to a wharf; or

 (c) the driving or operation of mechanical appliances used in connection with the loading or unloading of ships or the handling or storage of cargo or other goods at or adjacent to a wharf; or

 (d) the haulage or trucking from ship to shed or shed to ship; or

 (e) the removal or replacing of beams or hatches; or

 (f) the handling of dunnage or ballast; or

 (g) the preparing or cleaning of holds; or

 (h) the preparation of gear for use in connection with the loading or unloading of ships.

 (3) Despite subsections (1) and (2), but subject to subsection (4), a reference in this Act to a stevedoring employee does not include a reference to anyone included in any of the following classes of people:

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

 (b) members of the crew of a lighter;

 (c) members of the Sydney Coal Lumpers Union while loading or unloading coal in the port of Sydney;

 (d) people employed, directly or indirectly, at a port in or in connection with stevedoring operations that consist of the loading into, or the unloading from, ships, of loose bulk cargo by means of equipment based on the shore;

 (e) people who are in the regular employment of someone engaged in an industrial undertaking and whose duties include the performance of stevedoring operations in connection with the undertaking;

 (f) people performing clerical functions involved in:

 (i) tallying, receiving, delivering, sorting and stacking, storage, or other work, connected with the loading of cargo into or onto, or unloading of cargo from, ships (whether the cargo is in containers or not); or

 (ii) receiving, delivering, packing, unpacking, loading, unloading or storage of containers in preparation for loading into or onto ships or after their discharge from ships;

 (g) people engaged in manifesting, freighting, preparation of ship’s cargo disposition, timekeeping, labour allocation, roster preparation, preparation and distribution of payrolls, maintenance stores functions, computer operation, operation of other equipment used in connection with electronic data processing, or any other clerical work, in, or in connection with, stevedoring operations or a wharf office on a wharf or on a ship;

 (h) people performing maintenance, construction or repair work if the work is performed in relation to stevedoring operations by maintenance tradespersons, or maintenance tradespersons special class, in relation to any vehicles, mechanical or electrical equipment or both, buildings, materials or facilities;

 (i) people performing watching, guarding or protection duties in relation to stevedoring operations;

 (j) people supervising, directing, checking or instructing stevedoring employees;

 (k) people performing work consisting of planning, controlling, coordinating or integrating stevedoring operations in connection with vessels or cargoes, or both, or in compiling records, reports or information in connection with any such work;

 (l) people employed under the Australian Traineeship System or any other traineeship scheme in relation to the stevedoring industry that is approved by the Minister or a person authorised in writing by the Minister;

 (m) people included in a prescribed class of people.

 (4) Subsection (3) does not preclude a person from being a stevedoring employee under subsection (1) or (2) if the person’s employer was liable to furnish returns in respect of the person’s employment under the Stevedoring Industry Levy Collection Act 1977 as amended and in force immediately before the commencement of this section.

4  Employment in respect of which levy is payable

 (3) For the purposes of this Act, the number of bulk handling worker‑hours of employment by an employer in respect of stevedoring employees during the period to which a return under this Act relates is the number of complete hours in the sum of the periods of time, within that first‑mentioned period, for which each stevedoring employee employed by that employer was paid or was entitled to be paid by the employer, being periods of time during which each such stevedoring employee was engaged in, or in connexion with, the loading of cargo into a ship by bulk means or the unloading of cargo from a ship by bulk means.

 (4) In this Act:

 (a) a reference to the loading of local cargo into a ship shall be read as not including a reference to:

 (i) the loading of local cargo into the ship by bulk means; or

 (ii) the loading of local cargo into the ship, being local cargo that has previously been loaded into a ship in Australia by stevedoring employees;

 (b) a reference to the loading of overseas cargo into a ship shall be read as not including a reference to:

 (i) the loading of overseas cargo into the ship by bulk means; or

 (ii) the loading of overseas cargo into the ship, being overseas cargo that has previously been loaded into, or unloaded from, a ship in Australia by stevedoring employees; and

 (c) a reference to the unloading of overseas cargo from a ship shall be read as not including a reference to:

 (i) the unloading of overseas cargo from the ship by bulk means; or

 (ii) the unloading of overseas cargo from the ship, being overseas cargo that has previously been loaded into, or unloaded from, a ship in Australia by stevedoring employees.

 (5) For the purposes of this section, cargo shall be taken to be loaded into or unloaded from a ship by bulk means if:

 (a) the cargo is not packaged and is without shipping marks; and

 (b) the cargo is loaded into the ship, or unloaded from the ship, as the case may be:

 (i) by mechanical conveyor, elevator, auger, mechanical grab or electromagnet;

 (ii) by tubs filled and emptied by mechanical means;

 (iii) by being pumped through a pipeline; or

 (iv) by a prescribed method.

 (6) Notwithstanding subsection (5), cargo shall not be taken for the purposes of this section to be loaded into a ship by bulk means if that cargo is included in a class of cargo prescribed for the purposes of this subsection and is loaded by a method prescribed for the purposes of this subsection.

 (7) Notwithstanding subsection (5), cargo shall not be taken for the purposes of this section to be unloaded from a ship by bulk means if that cargo is included in a class of cargo prescribed for the purposes of this subsection and is unloaded from the ship by a method prescribed for the purposes of this subsection.

 (8) For the purposes of this section, cargo shall be taken to be packaged if it has been separated into lots each of which is kept separate from the other lots by being bagged, boxed, packaged or secured by any other means so as to facilitate the carriage of the cargo.

 (9) In this section, a reference, in relation to a matter specified in paragraph 6(1)(c), to the period to which a return under this Act relates shall be read as a reference to the pay period referred to in that paragraph.

 (10) For the purposes of this section:

 (a) cargo that is loaded into or unloaded from a ship:

 (i) by stevedoring employees or by persons who include stevedoring employees; or

 (ii) by mechanical appliances driven or operated by stevedoring employees or by persons who include stevedoring employees;

  shall be taken to be loaded into, or unloaded from, the ship, by stevedoring employees;

 (b) the removing of cargo from a ship for the purpose of re‑stowing the cargo shall not be taken to be the unloading of cargo from the ship; and

 (c) the placing of cargo on a ship for the purpose of re‑stowing the cargo shall not be taken to be the loading of the cargo into the ship.

 (11) In this section, cargo does not include passengers’ luggage or empty freight containers.

5  Due date for payment

  Levy in respect of the employment of stevedoring employees is payable upon the expiration of the period within which a return is required by this Act to be furnished in respect of that employment.

6  Returns by employers

 (1) An employer shall, within 14 days after the end of each month of the year, being a month that ends after the commencement of this Act, furnish a return of:

 (c) the bulk handling worker‑hours of employment by him or her in respect of stevedoring employees during each pay period ending in that month.

 (2) Where, during a month of the year, a stevedoring operation consisting of or including the loading of cargo into, the unloading of cargo from or the loading of cargo into and the unloading of cargo from, a ship by stevedoring employees employed by an employer is completed, being a stevedoring operation that was commenced after the commencement of this Act, the employer shall, within 28 days after the end of that month, furnish, in respect of that stevedoring operation, a return of:

 (a) the number of tonnes of local cargo (if any) that was loaded into the ship by stevedoring employees employed by him or her;

 (b) the number of tonnes of overseas cargo (if any) that was loaded into the ship by stevedoring employees employed by him or her; and

 (c) the number of tonnes of overseas cargo (if any) that was unloaded from the ship by stevedoring employees employed by him or her.

 (3) A return for the purposes of this section:

 (a) shall be furnished to such person or authority as is prescribed;

 (b) shall be in accordance with a form approved by the Secretary to the Department; and

 (c) shall, in addition to the matters required by the preceding provisions of this section to be included in the return, contain such other information as is required by that form.

 (4) This section does not require an employer to furnish a return in respect of the matters mentioned in paragraph (1)(c) or subsection (2) if, by reason of the operation of section 10 of the Stevedoring Industry Levy Act 1977, the levies referred to in paragraphs 4(1)(b), (c) and (d) of that Act have ceased to be imposed in respect of that employment.

7  Penalty for non‑payment

 (1) Where the liability of an employer to pay an amount of levy is not discharged on or before the date when the levy is payable, there is payable to the Commonwealth by way of penalty, in addition to the amount of the levy, an amount calculated at the rate of 20% per annum upon the amount of the levy from time to time remaining unpaid, to be computed from the date on which the levy became payable.

 (2) The Minister, or a person authorized in writing by the Minister to grant remissions under this subsection, may, in a particular case, for reasons that the Minister or the person, as the case may be, in his or her discretion thinks sufficient, remit the whole or a part of an amount payable under this section.

8  Recovery of levy or penalty

 (1) The following amounts may be recovered by the Commonwealth as debts due to the Commonwealth:

 (a) an amount of levy that is payable;

 (b) an amount payable by way of penalty under section 7.

 (2) In proceedings for the recovery of an amount referred to in paragraph (1)(a), a statement or averment in the complaint, claim or declaration of the plaintiff is prima facie evidence of the matter so stated or averred.

8A  Information to be furnished by ship’s agent

 (1) If stevedoring employees:

 (a) load local or overseas cargo into a ship; or

 (b) unload overseas cargo from a ship;

the ship’s agent responsible for the cargo must give the employer of the stevedoring employees a statement setting out particulars of the cargo in accordance with a form (Form 1) approved by the Secretary to the Department.

 (2) The statement must be given to the employer before the end of 21 days after the end of the month in which the loading or unloading of the cargo was completed.

 (3) In this section:

ship’s agent, in relation to the loading of cargo into, or the unloading of cargo from, a ship, means:

 (a) the person (if any) in Australia directly responsible:

 (i) to the owners of the ship; or

 (ii) if the ship has been chartered—to the charterers of the ship;

  for the loading or unloading of the cargo; or

 (b) if there is no such person responsible for the loading or unloading of the cargo other than the master of the ship—the master.

8B  Compliance with section 8A requirements

  A person must not intentionally or recklessly fail to comply with the requirements of section 8A.

Penalty: 20 penalty units.

9  Offences relating to returns etc.

 (1) A person must not refuse or fail to furnish a return or information that the person is required under section 6 to furnish.

Penalty: 30 penalty units.

 (2) A prosecution for an offence against this section may be commenced at any time.

10  Access to premises, books etc.

 (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

 (2) Where an authorized person has reason to believe that there are on any premises books, documents or papers relating to the employment of stevedoring employees, being employment in respect of which levy is, or may be, payable, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

 (3) If, on an application under subsection (2), the Justice of the Peace is satisfied by information on oath or affirmation:

 (a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to the employment of stevedoring employees, being employment in respect of which levy is, or may be, payable; and

 (b) that the issue of the warrant is reasonably required for the purposes of this Act;

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the authorized person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies, or, if the warrant so specifies, at any time, and if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

 (4) Where an authorized person has entered any premises in pursuance of subsection (1), or in pursuance of a warrant granted under subsection (3), he or she may exercise the functions of an authorized person under this section.

 (6) A reference in this section to an authorized person shall be read as a reference to:

 (a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of this section; or

 (b) a person included in a class of persons appointed by the Minister, in writing, to be a class of authorized persons for the purposes of this section.

 (7) The functions of an authorized person under this section are to search for, inspect, take extracts from and make copies of any books, documents or papers relating to the employment of stevedoring employees, being employment in respect of which levy is, or may be, payable.

11  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act or for facilitating the collection or recovery of amounts of levy or amounts payable to the Commonwealth under section 7, and, in particular:

 (a) providing for the manner of payment of levy and amounts payable to the Commonwealth under section 7;

 (b) providing for the repayment of overpayments;

 (c) requiring employers to keep records relating to the employment of stevedoring employees;

 (d) requiring employers to furnish information relating to the employment of stevedoring employees to such persons as are prescribed;

 (e) prescribing the form of warrant for the purposes of section 10; and

 (f) prescribing penalties, not exceeding a fine of 10 penalty units, for offences against the regulations.

12  Expiry of Act

  If the Stevedoring Industry Finance Committee Act 1977 ceases to have effect under section 32 of that Act, this Act ceases to have effect at the same time.

Schedule—Interpretation for Additional Operation of Act

Section 39

 (1) In this Schedule, unless the contrary intention appears:

Australian Coastal sea means:

 (a) the territorial sea of Australia; and

 (b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.

natural resources means the mineral and other non‑living resources of the seabed and its subsoil.

 (2) A reference in this Act to an off‑shore industry fixed structure is to be read as a reference to a structure (including a pipeline) that:

 (a) is fixed to the seabed and is not able to be moved as an entity from one place to another; and

 (b) is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, being:

 (i) the continental shelf of Australia; and

 (ii) the seabed of the Australian coastal sea; and

 (iii) the subsoil of that seabed.

 (3) A reference in this Act to an off‑shore industry mobile unit is to be read as a reference to:

 (a) a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with, or incidental to, exploring or exploiting the natural resources of any or all of the following, being:

 (i) the continental shelf of Australia;

 (ii) the seabed of the Australian coastal sea;

 (iii) the subsoil of that seabed;

  by drilling the seabed or its subsoil, or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the vessel; or

 (b) a structure (not being a vessel) that:

 (i) is able to float or be floated; and

 (ii) is able to move or be moved as an entity from one place to another; and

 (iii) is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, being:

 (A) the continental shelf of Australia;

 (B) the seabed of the Australian coastal sea;

 (C) the subsoil of that seabed;

  by drilling the seabed or its subsoil, or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the structure; or

 (c) a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off‑shore industry fixed structures.

 (4) The reference in paragraph 3(a) or subparagraph 3(b)(iii) to a vessel or other structure that is, or is to be, used in any operations or activities associated with or incidental to, exploring or exploiting particular natural resources includes a reference to such a vessel or other structure that is also used, or is also to be used, in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

 (5) The reference in paragraph 3(c) to a barge or like vessel that is, or is to be, used in connection with the construction, maintenance or repair of off‑shore industry fixed structures includes a reference to such a vessel that is also used, or is also to be used, in connection with the construction, maintenance or repair of other structures.

Notes to the Stevedoring Industry Levy Collection Act 1977

Note 1

The Stevedoring Industry Levy Collection Act 1977 as shown in this compilation comprises Act No. 122, 1977 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 24 November 2000 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a) The Stevedoring Industry Levy Collection Act 1977 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:

 (1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

Table of Amendments

Table A

Application, saving or transitional provisions

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418  Transitional—pre‑commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

 (a) an offence committed before the commencement of this item; or

 (b) proceedings for an offence alleged to have been committed before the commencement of this item; or

 (c) any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419  Transitional—pre‑commencement notices

If:

 (a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

 (b) any or all of those other provisions are repealed by this Schedule; and

 (c) the first‑mentioned provision is amended by this Schedule;

the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.