Commonwealth Numbered Regulations - Explanatory Statements

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STEVEDORING INDUSTRY LEVY (RATES OF LEVY) REGULATIONS (AMENDMENT) 1992 NO.84

Statutory Rules 1992 No. 84

(Issued by the Authority of the Minister for Industrial Relations)

Stevedoring Industry Levy Act 1977

Stevedoring Industry Levy (Rates of Levy) Regulations (Amendment)

Subsection 12(1) of the Stevedoring Industry Levy Act 1977 (the SIL Act) provides that the Governor-General may make regulations prescribing rates of levy for the purposes of this Act.

Paragraph 4(1)(a) of the SIL Act provides for the imposition of a statutory general levy in respect of any employment of Division A waterside workers.

A Division A waterside worker is defined in subsection 3(1) of the Stevedoring Industry Levy Collection Act 1977 as a waterside worker who is employed on a weekly hiring.

Paragraph 5(a) of the SIL Act provides that the rate of statutory general levy in respect of the employment of Division A waterside workers is as prescribed.

Regulation 4 of the Stevedoring Industry (Rates of Levy) Regulations (the Regulations) prescribes the present rate of levy as being $1.40 per worker hour.

Section 4 of the Stevedoring Industry Finance Committee Act 1977 (the SIFC Act) establishes the Stevedoring Industry Finance Committee (the Committee).

Paragraph 6(b) of the SIFC Act provides that one of the Committee's functions is to make recommendations to the Minister for Industrial Relations (the Minister) as to any change in the rate of levy imposed by the SIL Act.

Subsection 12(2) of the SIL Act requires the Governor-General to take account of any recommendation made to the Minister by the Committee.

The Committee has recommended to the Minister that the rate of levy be reduced from $1.40 to nil in two steps; from $1.40 to $0.50, effective from 6 April 1992, and from $0.50 to nil, effective from 4 May 1992.

The proposed Regulations will reduce the rate of levy in line with this recommendation.

This reduction is in pursuance of the In Principle Agreement on waterfront reform, which envisages the phasing out of the levy in line with the move to enterprise employment.