{"id":"C2004A01763","name":"Port Statistics Act 1977","slug":"port-statistics-act-1977","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"125 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6521,"registerId":"commonwealth-C2004A01763-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Port Statistics Act 1977.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the date of commencement of the Stevedoring Industry Acts (Termination) Act 1977.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> port includes any place (including a place at sea) at or near which facilities are provided for or in connexion with the loading or unloading of cargo into or from ships.\n\n> Secretary means the Secretary of the Department.\n\n> ship includes any vessel.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Collection of statistics","content":"#### 4 Collection of statistics\n\n  (1) The Secretary may collect statistics in relation to all or any of the following matters:\n    (a) the loading of cargo into, and the unloading of cargo from, ships, including:\n    (i) the employment of persons in or in connexion with such loading or unloading; and\n    (ii) the availability of persons for employment in or in connexion with such loading or unloading;\n    (b) the loading of cargo into, and the unloading of cargo from, vehicles at a port, being cargo that has been unloaded from, or is to be loaded into, ships at that port, including:\n    (i) the employment of persons in or in connexion with the first‑mentioned loading or unloading; and\n    (ii) the availability of persons for employment in or in connexion with the first‑mentioned loading or unloading;\n    (c) the movement of ships into, from or within ports.\n  (2) Subject to subsection (3), the Secretary may, in such manner as he or she thinks appropriate, cause to be published, or to be made available to other persons, statistics collected in pursuance of subsection (1).\n  (3) Subject to subsection (4), subsection (2) does not authorize the publication or making available of statistics in a manner that enables the identification of a particular person or organization.\n  (4) Statistics may be published or made available in a manner that enables the identification of a particular person or organization if it is not practicable to publish or make available those statistics in a manner that does not enable the identification of that person or organization.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Furnishing of information","content":"#### 5 Furnishing of information\n\n  (1) For the purpose of enabling the collection of statistics referred to in section 4, the Secretary may, subject to subsection (2), by notice in writing, require a person:\n    (a) to furnish to the Secretary, or to a person specified in the notice acting on behalf of the Secretary, such information as is specified in the notice, being information relating to a matter specified in any of the paragraphs of subsection 4(1); or\n    (b) to produce to the Secretary, or to a person specified in the notice acting on behalf of the Secretary, books or documents specified in the notice, being books or documents that contain information that relates, or may relate, to a matter specified in any of the paragraphs of subsection 4(1);\n  within such reasonable time and in such manner as is specified in the notice.\n  (2) The powers of the Secretary under subsection (1) to require a person to produce books or documents are exercisable only for the purpose of enabling the Secretary to verify the accuracy of information furnished by the person in pursuance of a requirement under paragraph (1)(a).\n  (3) A person must not fail to comply with a requirement under subsection (1).\n\nPenalty: 5 penalty units.\n\n  (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant complies with the requirement to the extent to which he or she is capable.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).\n\n  (5) Strict liability applies to an offence under subsection (3).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6) A person commits an offence if:\n    (a) the person does an act with the intention of avoiding the requirements of this section; and\n    (b) the act results in the destruction, mutilation, defacing, concealment or removal of a book or document.\n\nPenalty for a contravention of this subsection: 5 penalty units.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Delegation","content":"#### 6 Delegation\n\n  (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers under this Act other than this power of delegation and his or her powers under section 8.\n  (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 Secretary.\n  (3) A delegation under this section does not prevent the exercise of a power by the Secretary.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Officers to observe secrecy","content":"#### 7 Officers to observe secrecy\n\n  (1) Subject to section 9, a person who is or has been an officer shall not, either directly or indirectly, except in the performance of a duty under or in connexion with this Act or except as provided by the regulations:\n    (a) make a record of, or (except to, or as authorized by, the Minister) divulge or communicate to any person, any information concerning the affairs of any other person acquired by him or her in the performance of his or her duties, or in the exercise of his or her powers or functions, under or in connexion with this Act; or\n    (b) produce to any person a document furnished for the purposes of this Act.\n\nPenalty: Imprisonment for 3 months or 10 penalty units.\n\n    (2) A person to whom information referred to in paragraph (1)(a) is divulged as authorized by or under subsection (1) shall, in respect of that information, be subject to the same obligations and liabilities under subsection (1) as if the person were a person performing duties under this Act and had acquired the information in the performance of those duties.\n    (3) For the purposes of this section, any information acquired by an officer in accordance with an arrangement entered into under section 8 shall be deemed to have been acquired by the officer in the performance of a duty under this Act.\n    (4) In this section:\n\n> officer means a person performing duties, or exercising powers or functions, under or in connexion with this Act.\n\n> produce includes permit access to.\n\n  (5) This section extends to persons who are officers or employees of a State.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Arrangements with States","content":"#### 8 Arrangements with States\n\n  The Minister may enter into arrangements with a relevant Minister of State of a State with respect to:\n    (a) the delegation by the Secretary of powers under this Act to:\n    (i) officers and employees of the State; and\n    (ii) persons who constitute, are members of, or are employed by, authorities established by or under laws of the State;\n    (b) the supply to the State and to authorities established by or under laws of the State of information and statistics collected under this Act; and\n    (c) the supply to the Commonwealth by the State and by authorities established by or under laws of the State of information and statistics relating to matters specified in any of the paragraphs of subsection 4(1).","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Australian Statistician","content":"#### 9 Australian Statistician\n\n  (1) Nothing in this Act shall be taken to affect the exercise by the Australian Statistician of powers under the Census and Statistics Act 1905.\n  (2) Notwithstanding anything contained in section 7, an officer may divulge to the Australian Statistician any information acquired by the officer in the performance of his or her duties, or in the exercise of his or her powers or functions, under this Act.\n  (3) Any information furnished to the Australian Statistician in pursuance of subsection (2) shall, for the purposes of section 19 of the Census and Statistics Act 1905, be deemed to have been furnished in pursuance of that Act.\n  (4) For the purpose of assisting the Australian Bureau of Statistics to perform the functions referred to in paragraphs 6(1)(c) and (d) of the Australian Bureau of Statistics Act 1975, the Secretary shall, from time to time, consult the Australian Statistician in relation to the exercise by the Secretary of powers under this Act.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n  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.","sortOrder":10}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: collecting port and stevedoring statistics following the termination of the Stevedoring Industry Authority. The scope has not expanded beyond cargo handling, ship movements, and associated labour statistics. The addition of section 3A (Criminal Code application) and minor amendments to penalty provisions represent modernisation rather than scope creep."},"complexity_factors":["Only 3 defined terms in the interpretation section ('port', 'Secretary', 'ship')","Straightforward structure with 10 sections covering single topics each","Limited cross-referencing — primarily internal references to other sections of this Act plus references to the Criminal Code and Census and Statistics Act 1905","Simple conditional logic in section 4 (publication restrictions with two nested exceptions in subsections 4(3) and 4(4))","Standard offence provisions using Criminal Code framework (strict liability, evidential burdens)","No regulations or delegated legislation attached to this version","Single delegation mechanism in section 6 with standard 'notwithstanding delegation' clause"],"plain_english_summary":"**What this law does:**\n\nThis Act gives the federal government power to collect statistics about what happens at Australian ports — specifically, how cargo is loaded and unloaded from ships, how many workers are employed or available for this work, and how ships move in and out of ports.\n\n**Who it affects:**\n\n- **Port operators and businesses** — anyone involved in loading/unloading cargo or moving ships through ports can be required to hand over information or documents to the government.\n- **Workers and employers** — statistics can be collected about employment levels and labour availability in the stevedoring (dock work) industry.\n- **State governments** — the federal government can make agreements with states to share this data and delegate powers to state officials.\n\n**Key powers and protections:**\n\n- The **Secretary** (head of the relevant government department) can demand information and documents from people, with penalties for non-compliance (5 penalty units, roughly $1,500 in today's money).\n- **Strict secrecy rules** — officers who handle this data generally cannot reveal information about specific businesses or people, with penalties including up to 3 months imprisonment.\n- **Privacy protection** — statistics usually cannot be published in a way that identifies specific individuals or organisations, unless it's genuinely impossible to anonymise them.\n- **Coordination with the Australian Bureau of Statistics** — the Act ensures the government's official statistician can access this port data and that the two agencies consult each other.\n\n**Why it matters:**\n\nThis law was created in 1977 alongside the winding-up of the old stevedoring industry commission. It ensures the government can monitor port efficiency, labour conditions, and shipping movements without relying on the old industry body. The data helps with economic planning, industrial relations, and understanding Australia's trade logistics.\n\n**Historical context:**\n\nThe Act commenced when the *Stevedoring Industry Acts (Termination) Act 1977* started — this was part of dismantling the Stevedoring Industry Authority, a body that had heavily regulated dock work. This Act preserved the government's ability to collect port statistics even after that authority was abolished."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The text itself specifies the Act's scope (statistical collection relating to port operations in s4) and contains no amendments or language indicating a change from that stated scope. There is no material in the supplied text that alters or expands the originally set scope."},"complexity_factors":["Narrow, well‑defined subject matter: statistics about loading/unloading, employment and ship movements (s4).","Information‑gathering powers with mandatory compliance and penalties, including strict liability and evidential defence (s5).","Confidentiality obligations with limited exceptions and criminal penalties for disclosure (s7).","Delegation to officials and arrangements with States introduce administrative discretion and intergovernmental coordination (ss6,8).","Cross‑references to other statutes (Criminal Code, Census and Statistics Act) which affect criminal responsibility and data handling (s3A, s9).","Publication rule allowing identifiability only if impracticable to avoid, creating a practical judgment for statisticians (s4(2)–(4))."],"plain_english_summary":"This Act authorises the Secretary to collect, publish and share statistics about port activity (cargo loading/unloading, employment, and ship movements) and to require people to provide information or documents for that purpose (ss4–5). Those required to comply—ports, shipping and vehicle operators, employers and workers—face penalties for non‑compliance; officers who receive material must keep it secret except as permitted (s7). The Act permits delegation and State arrangements and cross‑refers to the Criminal Code and Census and Statistics Act (ss3A,6–9)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its original intent — to collect port and stevedoring industry statistics following the termination of the earlier stevedoring industry regime. There is no evidence of significant expansion or contraction from that original purpose. The provisions remain tightly focused on cargo movement, ship movement, and related workforce data at ports."},"complexity_factors":["Relatively short and focused Act with a narrow subject matter","Strict liability offence provision requires understanding of Criminal Code concepts","Interplay between Commonwealth and State arrangements adds a minor layer of jurisdictional complexity","Confidentiality framework contains a nuanced exception (identification permitted where impracticable to avoid) that requires careful reading","Cross-referencing to external legislation (Criminal Code, Census and Statistics Act 1905, Australian Bureau of Statistics Act 1975) adds modest interpretive burden","Defence provision placing evidential burden on defendant is a technical criminal law concept"],"plain_english_summary":"The Port Statistics Act 1977 lets a Commonwealth Secretary require information about ship movements, cargo handling and port labour to compile national port statistics. It affects shipping companies, stevedores, transport operators and port workers — recipients of written notices must supply records or face legal penalties. Collected data is kept confidential, can be shared with the ABS and states, and underpins government planning and regulation of maritime trade and port services."}},"importantCases":[],"_links":{"self":"/api/acts/port-statistics-act-1977","history":"/api/acts/port-statistics-act-1977/history","analysis":"/api/acts/port-statistics-act-1977/analysis","conflicts":"/api/acts/port-statistics-act-1977/conflicts","importantCases":"/api/acts/port-statistics-act-1977/important-cases","documents":"/api/acts/port-statistics-act-1977/documents"}}