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This Act may be cited as the Stevedoring Industry Act 1965-1973.
The Stevedoring Industry Act 1956-1962 is in this Act referred to as the Principal Act.
The Principal Act, as amended by this Act, may be cited as the Stevedoring Industry Act 1956-1965.
This Act shall come into operation on the day on which it receives the Royal Assent.
This Act is divided into Parts, as follows:
Part I.- Preliminary (Sections 1-3)
Part II.- Amendments of the Stevedoring Industry Act 1956- 1962 (Sections 4-14)
Part III.- Provisions Relating to the Waterside Workers' Federation of Australia
Division 1— Preliminary (Section 15)
Division 2— Declarations by Commonwealth Conciliation and Arbitration Commission (Sections 16-17)
Division 3— Cancellation of Registration of Waterside Workers' Federation of Australia (Sections 18-21)
Division 4— General (Section 22).
Section 7 of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:
“(3.) A reference in this Act to stevedoring operations shall, unless the contrary intention appears, be read as a reference to stevedoring operations that are performed:
on goods that are in the course of trade or commerce with other countries or among the States or for the purpose of the carriage of goods in the course of such trade or commerce;
on goods that are in the course of trade or commerce between a State and a Territory of the Commonwealth or for the purpose of the carriage of goods in the course of such trade or commerce; or
in a Territory of the Commonwealth.”.
Section 26 of the Principal Act is amended by omitting from paragraph (a) of sub-section (3.) the words “a Union” and inserting in their stead the words “the Union in relation to the port”.
Section 29 of the Principal Act is amended:
by omitting from sub-section (1.) the words “next two succeeding sections” and inserting in their stead the words “next succeeding section”;
by inserting after sub-section (1.) the following sub-section:
“(1A.) For the purposes of sub-paragraph (i) of paragraph (b) of the last preceding sub-section, a requirement of the Authority that persons who apply for registration as waterside workers shall not have been—
convicted of an offence against this Act; or
convicted of an offence against any law is a reasonable requirement as to the suitability of those persons to be registered as waterside workers.”;
by omitting from sub-section (2.) the words “the last preceding sub-section” and inserting in their stead the words “sub-section (1.) of this section”; and
by omitting sub-section (3.) and inserting in its stead the following sub-section:
“(3.) Before registering a person as a waterside worker at a port (whether under this section or under the next succeeding section), the Authority shall:
give notice—
to the Union in relation to the port, or, if there is a branch of that Union at the port, to that branch; and
to the association of employers at the port,
stating that the Authority is considering whether to register the person as a waterside worker at the port and inviting the Union or branch, and the association, to furnish to the Authority within seven days after the notice is given a written statement of any matters that the Union, branch or association wishes the Authority to take into account in deciding whether to register the person; and
take into account any matters referred to in a statement so furnished.”.
Section 31 of the Principal Act is repealed.
Section 33 of the Principal Act is amended:
by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:
“(b) shall ensure that the performance of stevedoring operations by waterside workers engaged by him is, at all times, properly supervised; and”; and
by omitting from sub-section (2.) the words “One hundred pounds and not more than One thousand pounds” and inserting in their stead the words “Two hundred and fifty pounds and not more than Two thousand five hundred pounds”.
Section 36 of the Principal Act is amended by omitting from sub-paragraph (ii) of paragraph (f) of sub-section (1.) the words “having regard to the circumstances in which it was committed” and inserting in their stead the words “having regard to all the circumstances”.
Section 37 of the Principal Act is amended:
by omitting paragraphs (a) and (b) of sub-section (1.) and inserting in their stead the following paragraphs:
“(a) the registration of a person as a waterside worker has been cancelled, or suspended until the expiration of a period exceeding seven days or until the expiration of a number of working days exceeding seven, under section thirty-six of this Act on a ground other than the ground referred to in paragraph (a) of sub-section (1.) of section thirty-seven B of this Act; or
“(b) the entitlement of a registered waterside worker to attendance money has been suspended under section thirty-six of this Act in respect of a number of days exceeding seven,”:
by omitting sub-section (2.) and inserting in its stead the following sub-section:
“(2.) Upon such an appeal:
if the appellant satisfies the Commission that the cancellation or suspension should be set aside or varied—the Commission shall set aside or vary the cancellation or suspension accordingly and, where it sets aside a cancellation, it may, if it thinks fit, substitute for the cancellation a period of suspension of registration; and
if the appellant does not so satisfy the Commission—the Commission shall confirm the cancellation or suspension.”;
by inserting in paragraph (b) of sub-section (3.) after the word “suspended”, the words “until the expiration of a period exceeding seven days or until the expiration of a number of working days exceeding seven”; and
by adding at the end of sub-section (5.) the words “as provided by sub-section (2.) of this section”.
Section 43 of the Principal Act is amended by omitting from sub-section (1.) the words “persons registered as waterside workers by virtue of sub-section (5.) of section thirty-one of this Act” and inserting in their stead the words “persons who become registered as waterside workers after the commencement of the Stevedoring Industry Act 1965”.
Section 44 of the Principal Act is amended:
by omitting from paragraph (a) of sub-section (1.) the words “by virtue of sub-section (5.) of section thirty-one of this Act”; and
by omitting from sub-section (3.) the words:
“Penalty: Where the offence is committed by a body corporate, Five hundred pounds; in any other case, Fifty pounds.”
and inserting in their stead the words:
“Penalty: Where the offence is committed by a body corporate, One thousand pounds; in any other case, One hundred pounds or imprisonment for six months.”.