Commonwealth Consolidated Acts

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STEVEDORING INDUSTRY ACT 1965 - SECT 11

Appeals

    Section 37 of the Principal Act is amended:

  (a)   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,":

  (b)   by omitting sub-section (2.) and inserting in its stead the following sub-section:

        "(2.) Upon such an appeal:

    ( a) 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

    (b) if the appellant does not so satisfy the Commission -- the Commission shall confirm the cancellation or suspension." ;

  (c)   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

  (d)   by adding at the end of sub-section (5.) the words "as provided by sub-section (2.) of this section".



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