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Stevedoring Levy (Collection) Bill 1998

Part 4 Miscellaneous

   

14   Access to premises etc.

             (1)  The functions of an inspector under this section are to search for, inspect, take extracts from and make copies of any levy-related documents.

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

             (3)  If an inspector has reason to believe that there are levy-related documents on particular premises, the inspector may make an application to a Justice of the Peace for a warrant authorising the inspector to enter the premises for the purpose of exercising the functions of an inspector under this section.

             (4)  If the Justice of the Peace is satisfied by information on oath or affirmation:

                     (a)  that there is reasonable ground for believing that there are levy-related documents on the premises; and

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

the Justice of the Peace may issue a warrant authorising the inspector to enter the premises:

                     (c)  with such assistance as the inspector thinks necessary, and if necessary by force; and

                     (d)  during such hours of the day or night as the warrant specifies, or, if the warrant so specifies, at any time;

for the purpose of exercising the functions of an inspector under this section.

             (5)  If an inspector has entered any premises under subsection (2), or under a warrant, the inspector may exercise the functions of an inspector under this section.

             (6)  A person must not obstruct or hinder an inspector who is acting under a warrant or under subsection (5).

Penalty:  20 penalty units.

             (7)  In this section:

levy-related documents means any documents relating to matters in respect of which levy is payable, or may be payable.

premises includes the following:

                     (a)  a structure, building, aircraft, vehicle or vessel;

                     (b)  a place (whether enclosed or built on or not);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

warrant means a warrant granted under this section.

15   Appointment of inspectors

             (1)  The Secretary may, by instrument in writing, appoint any of the following persons as an inspector for the purposes of this Act:

                     (a)  a person employed by the Commonwealth;

                     (b)  a person employed by a State or by the Northern Territory.

             (2)  In exercising powers or performing functions as an inspector, an inspector must comply with any directions of the Secretary.

             (3)  The Secretary must issue an identity card to an inspector, in the form prescribed by the regulations. The identity card must contain a recent photograph of the inspector.

             (4)  If a person to whom an identity card has been issued ceases to be an inspector, the person must immediately return the identity card to the Secretary.

Penalty:  1 penalty unit.

             (5)  An inspector must carry the identity card at all times when exercising powers or performing functions as an inspector.

16   Offences

                   A person must not:

                     (a)  fail to lodge a return as required by section 10; or

                     (b)  provide a false or misleading return or information for the purposes of this Act.

Penalty:  50 penalty units.

17   Delegation

             (1)  The Minister may, by instrument in writing, delegate to a person holding or performing the duties of a Senior Executive Service office in the Department all or any of the Minister’s powers or functions under this Act. In exercising powers or functions under the delegation, the delegate must comply with any directions of the Minister.

             (2)  The Secretary may, by instrument in writing, delegate to a person holding or performing the duties of a Senior Executive Service office in the Department all or any of the Secretary’s powers or functions under this Act. In exercising powers or functions under the delegation, the delegate must comply with any directions of the Secretary.

             (3)  After the commencement of the Public Service Act 1998 , a reference in this section to a person holding or performing the duties of a Senior Executive Service office in the Department is to be treated as a reference to an SES employee or acting SES employee in the Department.

18   Payments in connection with stevedoring industry reform

             (1)  The Minister may authorise the following payments:

                     (a)  payments in connection with qualifying redundancies, including:

                              (i)  payments to a Commonwealth company (within the meaning of the Commonwealth Authorities and Companies Act 1997 ) for the purpose of helping the company to meet payment obligations in respect of money borrowed for the purpose of making payments in connection with qualifying redundancies; and

                             (ii)  payments by the Commonwealth under a guarantee given by a Minister on behalf of the Commonwealth in connection with a borrowing referred to in subparagraph (i);

                     (b)  payments in connection with the following activities that are undertaken after the commencement of this Act in connection with the reform or restructuring of the stevedoring industry:

                              (i)  occupational health and safety programs;

                             (ii)  training programs to improve the performance of work;

                            (iii)  the introduction of new technology or the improvement of wharf facilities;

                     (c)  payments in respect of activities that are prescribed by the regulations, being activities in connection with the reform or restructuring of the stevedoring industry;

                     (d)  payments in respect of administrative costs that are in connection with the matters in respect of which payments may be authorised under paragraph (a), (b) or (c);

                     (e)  administrative costs incurred by the Commonwealth in connection with the collection or administration of the levy.

             (2)  No more than $250 million in total may be authorised under this section.

             (3)  The Consolidated Revenue Fund is appropriated for the purposes of payments under subsection (1).

             (4)  The Minister cannot authorise payments under paragraph (1)(c) or (1)(d) in respect of an activity prescribed by the regulations until after the end of the period within which those regulations can be disallowed by the Parliament.

             (5)  In this section:

qualifying redundancy means the termination (either before or after the commencement of this Act), on the ground of redundancy, of the employment of a person doing stevedoring work.

19   Distribution of surplus levy

             (1)  If the Minister is satisfied that more levy has been received by the Commonwealth than is needed for the purpose for which the levy was imposed, the Minister may determine that the surplus is to be distributed in accordance with a scheme prescribed by the regulations for the purposes of this section.

             (2)  The Consolidated Revenue Fund is appropriated for the purposes of payments under subsection (1).

20   Reports by Minister

             (1)  As soon as practicable after the end of each reporting period, the Minister must prepare a report that sets out details of the following matters:

                     (a)  the payments that were authorised by the Minister under section 18 during the reporting period;

                     (b)  the activities during the reporting period of any Commonwealth authority or Commonwealth company (within the meaning of the Commonwealth Authorities and Companies Act 1997 ) that were activities in respect of which the authority or company received payments under section 18 in any reporting period;

                     (c)  distributions under section 19 during the reporting period.

             (2)  The Minister must cause a copy of the report to be tabled in each House of the Parliament.

             (3)  For the purposes of this section, each of the following is a reporting period :

                     (a)  the period from the commencement of this Act to the end of the third month after the month in which this Act commences;

                     (b)  the period commencing at the end of that third month and ending at the end of the next 31 December;

                     (c)  each subsequent period of 12 months.

21   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  In particular, regulations may be made on the following matters:

                     (a)  providing for the manner of payment of levy and late payment penalty;

                     (b)  providing for the repayment of overpayments;

                     (c)  requiring persons to keep records about the loading and unloading of ships;

                     (d)  requiring persons to provide information, to such persons as are prescribed, about the loading and unloading of ships;

                     (e)  prescribing the form of warrant for the purposes of section 14;

                      (f)  prescribing penalties for offences against the regulations by way of fines of up to 10 penalty units.