Canned Fruits Export Control (Fees and Expenses) Regulations (Amendment)

Overview

The Statutory Rules 1938 No. 67, made under the Canned Fruits Export Control Act 1926-1935, were introduced to address the need for revised travelling expense provisions for the Chairman and members of the Board engaged in business outside Australia. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these Regulations amend the existing Canned Fruits Export Control (Fees and Expenses) Regulations to provide clearer guidelines on the reimbursement of travel costs and allowances for board members engaged in specific business activities. The policy objective is to ensure that the Board members are adequately compensated for their travel expenses while maintaining flexibility to account for any additional business engagements they might have outside their primary duties.

Scope and Application

The Canned Fruits Export Control (Fees and Expenses) Regulations, 1938, made under the Canned Fruits Export Control Act 1926-1935, apply to the Chairman and members of the Board, providing them with reimbursements for their travel expenses when they are engaged in official business outside Australia. These regulations were enacted to ensure that the individuals representing the Board could effectively conduct business overseas without financial impediments. The scope of these regulations is geographically broad, extending to any travel outside Australia as determined by the Board, with specific provisions for reimbursing travel costs and allowances. Notably, the regulations stipulate different rates for travel on land and at sea, providing a structured financial framework for the Board's international engagements. Additionally, the regulations clarify that if a member is also engaged in other business not related to the Board, they will only receive a reasonable proportion of the travel expenses based on the time spent on official business, as determined by the Minister. This regulation came into effect on January 1, 1938, and serves to enhance the operational efficiency of the Board in managing canned fruits export activities on a national and international scale.

Key Provisions

The key provisions of these Regulations pertain to the reimbursement of travelling expenses for the Chairman and members of the Board who are engaged outside Australia on business related to the Board (Regulation 2). Specifically, Regulation 3 of the Canned Fruits Export Control (Fees and Expenses) Regulations is amended to include a new sub-regulation (3) that provides for reimbursement of actual conveyance costs and a travelling allowance for such engagement. The rates for this allowance are set at two pounds fifteen shillings sterling per day while on land, and fifteen shillings sterling per day while at sea. However, if the Chairman or member is also engaged in other business unrelated to the Board, reimbursement and allowance are to be considered reasonable by the Minister, taking into account the time spent on such unrelated business. The Regulations impose certain obligations on the Chairman and members of the Board who are engaged outside Australia on business related to the Board. They are entitled to reimbursement of their actual conveyance costs and are to receive a travelling allowance according to the specified rates. This applies provided that the travel is for business connected with the Board, as determined by the Board itself. If the Chairman or member is also engaged in unrelated business, the amount of reimbursement and allowance must be considered reasonable by the Minister, who must take into account the proportion of time spent on unrelated business. Breach of the provisions set out in these Regulations may not explicitly outline specific offences, penalties, or consequences. However, the nature of the legislation and the statutory context suggest that failure to adhere to the reimbursement and allowance provisions could result in legal or administrative consequences. These could include disputes over the reasonableness of the allowances or reimbursements paid, or actions taken by the Board or the Minister to rectify non-compliance. Although the Regulations do not specify maximum penalties, any breaches may lead to investigations, disputes, or other administrative actions under the relevant legislative framework.