STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 NO. 123, 1977 STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 NO. 123, 1977 - TABLE OF PROVISIONS 1. Short title. 2. Commencement 3. Interpretation 4. Establishment of Committee 5. Constitution of Committee 6. Functions of Committee 7. Powers of Committee 8. Payments to employers in respect of satisfaction of award obligations 9. Payments to Retirement Fund 10. Payments in respect of provision of amenities 11. Payments to Association in respect of administrative costs 12. Other payments 13. Remuneration of Port Conciliators 14. Registers 15. Evidence as to registers 16. Moneys payable to Committee 17. Bank accounts of Committee 18. Application of moneys of Committee 19. Contracts 20. Borrowings by Committee 21. Proper accounts to be kept by Committee 22. Audit 23. Deputies 24. Tenure of office 25. Remuneration and allowances 26. Meetings of Committee 27. Taxation 28. Minister may require information 29. Delegation 30. Annual report 31. Regulations STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 1 Short title. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123 of 1977 An Act to establish a Stevedoring Industry Finance Committee and for related purposes. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: PART I-PRELIMINARY Short title 1. This Act may be cited as the Stevedoring Industry Finance Committee Act 1977.*1* STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 2 Commencement 2. This Act shall come into operation on the date of commencement of the Stevedoring Industry Acts (Termination) Act 1977. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 3 Interpretation 3. In this Act, unless the contrary intention appears- ''approved bank'' means a trading bank as defined by sub-section 5 (1) of the Banking Act 1959 or another bank approved by the Treasurer; ''Association'' means the Association of Employers of Waterside Labour; ''Chairman'' means the Chairman of the Committee; ''Committee'' means the Stevedoring Industry Finance Committee established by section 4; ''employer'' means a person who employs waterside workers 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 waterside workers; ''Fund'' means the Stevedoring Employees' Retirement Fund referred to in the recitals to the trust deed made on 6 October 1967 between the Association of Employers of Waterside Labour, an association registered as an organization under the Conciliation and Arbitration Act 1904, of the first part, and- (a) Charles Henry Fitzgibbon; (b) John Christian Beitz; (c) Colin Lindsay Craig; (d) John Sydney Joblin; and (e) Denis John Stilwell, of the second part; ''member of the Committee'' includes the Chairman; ''stevedoring operations'' has the same meaning as in the Stevedoring Industry Levy Collection Act 1977; ''waterside worker'' has the same meaning as in the Stevedoring Industry Levy Collection Act 1977. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 4 Establishment of Committee PART II-ESTABLISHMENT AND FUNCTIONS OF COMMITTEE 4. (1) There is established by this section a body by the name of the Stevedoring Industry Finance Committee. (2) The Committee- (a) is a body corporate; (b) shall have an official seal; (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Committee affixed to a document and shall presume that it was duly affixed. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 5 Constitution of Committee 5. (1) The Committee shall be constituted by- (a) a Chairman; (b) 3 persons appointed on the nomination of the Association; (c) a person appointed on the nomination of the Australian Shipping Commission; (d) a person appointed on the nomination of the Broken Hill Proprietary Company Limited; and (e) a person appointed on the nomination of the Waterside Workers' Federation of Australia. (2) The members of the Committee shall be appointed by the Minister and shall hold office on a part-time basis. (3) The performance of the functions, or the exercise of the powers, of the Committee is not affected by reason of there being a vacancy or vacancies in the membership of the Committee. (4) The appointment of a member of the Committee is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connexion with his nomination. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 6 Functions of Committee 6. The functions of the Committee are- (a) to make payments in accordance with this Act; (b) to make recommendations to the Minister as to any change that the Committee considers should be made to the rate of a levy imposed by the Stevedoring Industry Levy Act 1977; (c) to make recommendations to the Minister as to any additional levy that the Committee considers should be imposed on employers in respect of the employment of waterside workers; (d) to establish and maintain registers in accordance with section 14; and (e) to make available such property of the Committee as the Committee considers fit, on such terms and conditions as the Committee considers fit, for use by the Association or by persons engaged in stevedoring operations, being property that is vested in the Committee by the operation of section 14 of the Stevedoring Industry Act (Termination) Act 1977. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 7 Powers of Committee 7. (1) The Committee has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions. (2) Without limiting by implication the generality of sub-section (1), the Committee may- (a) enter into arrangements with the Association with respect to the provision of services of an administrative nature to assist the Committee in the performance of its functions; and (b) make payments to the Association in respect of the provision of those services. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 8 Payments to employers in respect of satisfaction of award obligations PART III-PAYMENTS BY COMMITTEE IN RESPECT OF WATERSIDE WORKERS 8. (1) Where the Committee is satisfied that the Association or an employer has, on or after the date of commencement of this Act, incurred expenditure in discharging a relevant award obligation, the Committee shall pay to the Association, or to the Association in respect of that employer, as the case may be, an amount equal to the amount of that expenditure. (2) Payment to the Association under sub-section (1) of an amount in respect of an employer is made on the condition that the Association will, without undue delay, pay to the employer an amount equal to the amount of the payment to the Association. (3) Where the Association fails to comply with the condition mentioned in sub-section (2) in respect of a payment to the Association, an amount equal to the amount of the payment is recoverable by the Committee from the Association in a court of competent jurisdiction as a debt due to the Committee. (4) In this section, ''relevant award obligation'', in relation to an employer or in relation to the Association, means an obligation imposed on the employer or on the Association, as the case may be, by an award or order of the Australian Conciliation and Arbitration Commission, being an obligation that has been approved by the Minister and is described in the award or order as being a relevant award obligation for the purposes of this Act. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 9 Payments to Retirement Fund 9. (1) The Committee shall pay to the Association amounts equal to any amounts paid by the Association to the Fund on or after the date of commencement of this Act. (2) The Committee may make advances to the Association in respect of amounts that may become payable to the Association under sub-section (1). STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 10 Payments in respect of provision of amenities 10. The Committee may make payments to the Assocation or to an employer for the purpose of assisting the Association or employer, as the case may be, to meet the cost of the provision of services and amenities for waterside workers, being services and amenities of a prescribed kind. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 11 Payments to Association in respect of administrative costs 11. Subject to any direction of the Minister, the Committee may make payments to the Association for the purpose of assisting the Association to meet administrative costs incurred by the Association in connexion with the organization of the performance of stevedoring operations. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 12 Other payments 12. Subject to any direction of the Minister, the Committee may, in addition to any payments under sections 8, 9, 10 and 11, make payments to the Association or to employers in respect of the provision of benefits to waterside workers, being benefits of a prescribed kind. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 13 Remuneration of Port Conciliators 13. The Committee shall pay to the Commonwealth amounts equal to any amounts of expenditure incurred by the Commonwealth in the payment of remuneration or allowances to Port Conciliators appointed under section 85A of the Conciliation and Arbitration Act 1904. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 14 Registers PART IV-REGISTERS 14. (1) For the purposes of the Stevedoring Industry Levy Collection Act 1977, the Committee shall, in relation to each port in Australia at which stevedoring operations are conducted, establish and maintain a register to be known as the Register of Waterside Workers. (2) The Committee shall, in accordance with relevant stevedoring agreement provisions, include the names of persons in registers established under this section. (3) The Committee shall not remove the name of a person from a register established under this section except in accordance with relevant stevedoring agreement provisions. (4) In this section, a reference to relevant stevedoring agreement provisions shall be read as a reference to provisions that are contained in an agreement expressed to be entered into in furtherance of the report of the National Stevedoring Industry Conference submitted to the Minister on 5 April 1977 and have been declared by the Minister to be relevant stevedoring industry provisions for the purposes of this section. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 15 Evidence as to registers 15. In any proceedings, a certificate under the hand of the Minister stating that the name of a person specified in the certificate was, at a time specified in the certificate, entered on a register maintained by the Committee under section 14 is prima facie evidence of the matter so stated. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 16 Moneys payable to Committee PART V-FINANCES OF COMMITTEE 16. (1) There shall be paid to the Committee out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the sum of- (a) amounts raised under the Stevedoring Industry Levy Act 1977; and (b) amounts raised under the Stevedoring Industry Charge Act 1947, being amounts in respect of which payments have not been made to the Australian Stevedoring Industry Authority on or before the day that is the terminating day for the purposes of the definition of ''transitional period'' in section 3 of the Stevedoring Industry Acts (Termination) Act 1977, less any amounts that have been refunded by the Commissioner of Taxation in pursuance of section 22 of the Stevedoring Industry Charge Assessment Act 1947, being amounts of refunds that have not been taken into account under paragraph (b) or under section 46 of the Stevedoring Industry Act 1956 in ascertaining the amounts raised under the Stevedoring Industry Charge Act 1947. (2) The Treasurer may give directions as to the amounts in which, and the times at which, amounts referred to in sub-section (1) are to be paid to the Committee. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 17 Bank accounts of Committee 17. (1) The Committee may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account. (2) The Committee shall pay all moneys of the Committee into an account referred to in this section. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 18 Application of moneys of Committee 18. (1) Subject to sub-section (2), the moneys of the Committee shall be applied only- (a) in the payment or discharge of the costs, expenses and other obligations of the Committee under this Act; and (b) in the payment of remuneration and allowances payable to any person under this Act. (2) Moneys of the Committee not immediately required for the purposes of the Committee may be invested- (a) on deposit with an approved bank; (b) in securities of the Commonwealth; or (c) in any other manner approved by the Treasurer. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 19 Contracts 19. The Committee shall not, except with the approval of the Minister, enter into a contract involving the payment or receipt by the Committee of an amount exceeding $20,000 or, if a higher amount is prescribed, that higher amount. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 20 Borrowings by Committee 20. (1) The Committee may, with the approval of the Treasurer, borrow moneys for the purpose of the performance of its functions. (2) The Committee may give security over the whole or any part of its assets for the repayment of amounts borrowed under this section and the payment of interest on amounts so borrowed. (3) The Treasurer may, on behalf of the Commonwealth, guarantee the repayment by the Committee of amounts borrowed under this section and the payment of interest on amounts so borrowed. (4) The Committee shall not borrow otherwise than in accordance with this section. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 21 Proper accounts to be kept by Committee 21. The Committee shall cause to be kept proper accounts and records of the transactions and affairs of the Committee in accordance with the accounting principles generally applied in commercial practice and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Committee and over the incurring of liabilities by the Committee. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 22 Audit 22. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Committee and records relating to assets of, or in the custody of, the Committee, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his doing so. (2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts and records referred to in sub-section (1). (3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1). (4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Committee relating directly or indirectly to the receipt or payment of moneys by the Committee or to the acquisition, receipt, custody or disposal of assets by the Committee. (5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers. (6) The Auditor-General or an officer authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized officer considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement. (7) A person who contravenes sub-section (6) is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $200. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 23 Deputies PART VI-ADMINISTRATIVE PROVISIONS RELATING TO COMMITTEE 23. (1) The Minister may appoint a person to be a deputy of a member of the Committee referred to in paragraph 5 (1) (a), (c), (d) or (e). (2) The Minister may appoint 2 or more persons to be deputies of a member of the Committee referred to in paragraph 5 (1) (b). (3) A person may be appointed as the deputy of a member of the Committee referred to in paragraph 5 (1) (b) notwithstanding that the person has also been appointed as the deputy of another member of the Committee referred to in that paragraph. (4) A person is not eligible for appointment as a deputy of a member of the Committee referred to in paragraph 5 (1) (b), (c), (d) or (e) unless the person is nominated for appointment as a deputy of that member of the Committee by the body by which that member of the Committee was nominated for appointment as a member of the Committee. (5) Where a member of the Committee is absent from a meeting of the Committee, the deputy, or, if 2 or more deputies have been appointed in relation to that member of the Committee, one of those deputies, is entitled to attend that meeting and, while so attending, shall be deemed to be a member of the Committee. (6) The appointment of a deputy of a member of the Committee is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connexion with his nomination. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 24 Tenure of office 24. (1) Subject to this section- (a) the Chairman holds office during the pleasure of the Minister; and (b) a member of the Committee other than the Chairman holds office for such period, not exceeding 3 years, as is specified in the instrument of his appointment, but is eligible for re-appointment. (2) If the body that has nominated a member of the Committee notifies the Minister in writing that the body withdraws that nomination, the Minister shall remove that member of the Committee from office. (3) A member of the Committee may resign his office by writing under his hand delivered to the Minister. (4) In this section- (a) a reference to the Chairman shall be read as including a reference to the deputy of the Chairman; and (b) a reference to a member of the Committee other than the Chairman shall be read as including a reference to a deputy of such a member of the Committee. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 25 Remuneration and allowances 25. (1) A member of the Committee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed. (2) A member of the Committee shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunals Act 1973. (4) In this section, ''member of the Committee'' includes a deputy of a member of the Committee. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 26 Meetings of Committee 26. (1) The Committee shall hold such meetings as are necessary for the performance of its functions. (2) The Chairman or the deputy of the Chairman may at any time convene a meeting of the Committee. (3) The Chairman or the deputy of the Chairman shall, on request in writing by another member of the Committee, convene a meeting of the Committee before the expiration of the period of 14 days after the receipt of the request or, if a longer period is specified in the request, before the expiration of that longer period. (4) At a meeting of the Committee, 5 members of the Committee constitute a quorum. (5) The Chairman shall preside at all meetings of the Committee at which he is present. (6) If the Chairman is absent from a meeting of the Committee but the deputy of the Chairman is present at the meeting, the deputy of the Chairman shall preside at that meeting. (7) If neither the Chairman nor the deputy of the Chairman is present at a meeting of the Committee, the members present shall elect one of their number to preside at the meeting and the member of the Committee so elected shall preside accordingly. (8) Questions arising at a meeting of the Committee shall be determined by a majority of the votes of the members of the Committee present and voting. (9) The member of the Committee presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (10) The Committee may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 27 Taxation PART VII-MISCELLANEOUS 27. (1) Subject to sub-section (2), the Committee shall pay all rates, taxes and charges under any law of the Commonwealth, a State or a Territory. (2) The Committee- (a) is not subject to income tax under any law of the Commonwealth, a State or a Territory; and (b) is not subject to taxation under any law of the Commonwealth, a State or a Territory in respect of any instrument executed in connexion with the vesting of property in the Committee by the operation of section 14 of the Stevedoring Industry Acts (Termination) Act 1977. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 28 Minister may require information 28. The Committee shall furnish to the Minister such information relating to the exercise of its powers and the performance of its functions under this Act as the Minister requires. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 29 Delegation 29. (1) The Committee may, by resolution agreed to by not less than 6 members of the Committee, either generally or as otherwise provided by the resolution, delegate to a person who is employed by, or holds office within, the Association any of its powers under this Act, other than this power of delegation. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Committee. (3) A delegation of a power under this section- (a) may be revoked by resolution of the Committee (whether or not constituted by the persons constituting the Committee at the time the power was delegated); (b) does not prevent the exercise of the power by the Committee; and (c) continues in force notwithstanding a change in the membership of the Committee. (4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Committee were a person. (5) A certificate signed by the Chairman stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter. (6) A document purporting to be a certificate mentioned in sub- section (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 30 Annual report 30. (1) The Committee shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Committee during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves. (2) Before furnishing financial statements to the Minister, the Committee shall submit them to the Auditor-General, who shall report to the Minister- (a) whether the statements are based on proper accounts and records; (b) whether the statements are in agreement with the accounts and records and show fairly the financial transactions and the state of the affairs of the Committee; (c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Committee during the year have been in accordance with this Act; and (d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister. (3) The Minister shall cause a copy of the report and financial statements of the Committee, together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister. STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - SECT 31 Regulations 31. 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. -------------------------------------------------------------------------------- STEVEDORING INDUSTRY FINANCE COMMITTEE ACT 1977 No. 123, 1977 - NOTE NOTE 1. Act No. 123, 1977; assented to 10 November 1977.