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.”.

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.”.

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”.

in the case of an oral statement—the person to whom, and the place, date and time at which, the statement is to be made; and

in the case of a written statement—the address to which, and the period within which, the statement is to be delivered.

“(6.) The Authority may make one inquiry into matters concerning any number of waterside workers if it appears to the Authority that those matters arose, or may have arisen, out of acts or things done or omitted to be done on the same day by those waterside workers, or by a substantial number of those waterside workers, in concert, or at the direction or instigation of a Union, a branch of a Union or an officer or member of a Union or of a branch of a Union.

“(7.) Where, for the purposes of an inquiry referred to in the last preceding sub-section, it appears to the Authority that a substantial number of waterside workers is concerned, the Authority may, if it considers that by so doing it will become apprised of all the facts and contentions material to the interests of those waterside workers in relation to the inquiry, give an opportunity of presenting statements as to those facts and contentions to some only of those waterside workers, being persons whose statements would, in the opinion of the Authority, present all those facts and contentions.

“(8.) Where, for the purposes of an inquiry, the Authority is required by the preceding provisions of this section to serve on a substantial number of waterside workers notices setting out any matters, it is a sufficient compliance with that requirement if the Authority notifies the waterside workers concerned of those matters by any of the means by which those waterside workers would usually be notified of their allotment to stevedoring operations.

“(9.) The Authority is not authorized to cancel, after an inquiry, the registration of a waterside worker unless the Authority gave the waterside worker an opportunity of presenting to the Authority an oral or written statement under sub-section (4.) of this section.

“(10.) The Authority is not authorized to suspend, after an inquiry, the registration, or the entitlement to attendance money, of a waterside worker unless:

the Authority gave the waterside worker an opportunity of presenting to the Authority an oral or written statement under sub-section (4.) of this section; or

the Authority exercised its powers under sub-section (7.) of this section in relation to the inquiry.”.

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”.

12

After section 41 of the Principal Act the following section is inserted:

“41A. Certain provisions not to apply in relation to inter-State trade and commerce

“A reference in any of the last three preceding sections to stevedoring operations shall be read as not including a reference to stevedoring operations that are performed on goods that are in the course of trade or commerce among the States or for the purpose of the carriage of goods in the course of such trade or commerce.”.

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.”.

(a) the expressions ''award", ''the Commission in Presidential Session'' and ''the Registrar'' have the same respective meanings as they have in the Conciliation and Arbitration Act 1904-1965;

the expression ''the Federation'' means the Waterside Workers' Federation of Australia; and

(c) expressions defined by Stevedoring Industry Act 1956-1965 have, unless the contrary intention appears, the same respective meanings as they have in that Act.section 7 of the

Division 2—Declarations by Commonwealth Conciliation and Arbitration Commission

(a) the exercise of a power, or the performance of a function or duty, by the Authority under the Stevedoring Industry Act 1956-1965 depends upon

the Authority consulting with, or with representatives of, the Union, or a branch of the Union, in relation to a port;

the Authority giving notice to, or serving a document upon, the Union, or a branch of the Union, in relation to a port; or

a person being a member, or satisfying the Authority that he has applied for membership, of the Union in relation to a port; and

by virtue of the operation of this Part, there is not at a particular time an organization of employees that is the Union in relation to that port for the purposes of that Act, the Authority may exercise that power, or perform that function or duty, at that time in relation to that port as if the Authority were not required to have such a consultation, give such a notice or serve such a document, or the person were not required to be such a member or to satisfy the Authority of his having applied for such membership, as the case may be.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Stevedoring Industry Act 1965.

Endnote 2—Amendment history