STATUTORY RULES.
No. 132. 1927.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1925 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1926.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1925, and the Commerce (Trade Descriptions) Act 1905-1926, to come into operation as from the 28th day of September one thousand nine hundred and twenty-seven.
Dated this 16th day of November, 1927.
Governor-General.
By His Excellency’s Command,
for Minister of State for Trade and Customs.
Amendment of Commerce (Export Dairy Produce) Regulations.
(Statutory Rules 1926 No. 182 as amended to this date.)
Regulation 51 of the Commerce (Export Dairy Produce) Regulations is hereby repealed and the following regulation inserted in its stead:—
“51.—(1.) There shall be paid to the Collector in respect of goods enumerated in this Regulation which are submitted for export, the fees specified hereunder namely,
Butter, per box............................... | ½d. |
Cheese, per crate containing 160 lbs. or under........... | ½d. |
If the net weight of cheese contained in a single crate is in excess of 160 lbs., by not more than 6 lbs., no fee shall be charged for the excess in weight. If the excess is more than 6 lbs., an additional fee of ½d. shall be charged.
Cheese, in tins, per package, containing 48 lbs. net or under of cheese | ½d. |
If the net weight of cheese contained in a single package is in excess of 48 lbs. by not more than 8 lbs., no fee shall be charged for the excess in weight. If the excess is more than 8 lbs., an additional fee of ½d. shall be charged.
(2.) No goods mentioned in the last preceding sub-regulation shall be permitted to be removed for home consumption from any appointed place nor shall an export permit be issued therefor, until the fees in respect of those goods have been paid.
1272.—Price 3d.
Overtime.
“51a.—(1.) When any goods specified in regulation 14 of these Regulations are submitted for export before or after official hours or on any Sunday or holiday, for the convenience of any exporter, the rate to be charged for the service of an inspector for the purpose of inspecting such goods shall be four shillings and sixpence per hour or part thereof.
“(2.) The charge shall be calculated from the hour at which the officer is required to attend, and shall include charges at the same rates in respect of time reasonably occupied in proceeding to and returning from the appointed place where attendance is required.
“(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
“(4.) The money received for overtime shall be held by the Department and payment shall be made to the inspectors who have earned the overtime, at the rates provided by law.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules No. 132 of 1927, promulgated under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, were enacted to regulate the fees and charges for inspecting and exporting dairy produce. This legislative instrument was introduced to address the need for clear guidelines on fees related to the export of dairy products, specifically butter and cheese, and to ensure that any deviations from standard inspection hours are appropriately compensated. The Regulations were enacted by the Governor-General in Council, with the aim of providing a structured and transparent process for levying fees for export inspections, ensuring that both the government and exporters are aware of the financial obligations involved in the export process. The policy objective was to maintain orderly and efficient export procedures while providing fair compensation to inspectors for their services.
Scope and Application
The statutory rules, numbered 132 of 1927, are regulations made under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, governing the fees and procedures for the export of goods such as butter and cheese. These regulations apply to persons or entities involved in the export of these goods, ensuring that fees are appropriately charged and collected. The regulations are geographically applicable across the Commonwealth of Australia and include specific provisions for fees based on the weight and packaging of the goods. Notably, the regulations do not permit the removal of these goods for home consumption or the issuance of export permits until the prescribed fees are paid. Additionally, the regulations establish rates for overtime inspections conducted outside of official hours or on Sundays and holidays, with charges calculated at four shillings and sixpence per hour, including travel time. These regulations also provide a framework for the distribution of overtime earnings to the relevant inspectors, ensuring that the fees collected are appropriately allocated.
Key Provisions
The legislative instrument in question amends the Commerce (Export Dairy Produce) Regulations, specifically regulation 51, which pertains to fees for exported goods. Regulation 51 (1) specifies the fees for different types and quantities of dairy produce being exported, with specific rates for butter, cheese in crates and tins, and provisions for additional fees based on weight. Regulation 51 (2) stipulates that no goods can be removed for home consumption or have an export permit issued until the relevant fees are paid. Regulation 51a (1) introduces an additional charge for inspections conducted outside of official hours or on Sundays and holidays, setting the rate at four shillings and sixpence per hour or part thereof. Regulation 51a (2) further clarifies that the charge includes travel time to and from the inspection location. Regulation 51a (3) allows the Minister to set rates for inspectors required to travel from their usual station, and regulation 51a (4) mandates that the collected overtime fees be held by the Department and distributed to inspectors according to legal rates.
These regulations impose specific obligations on exporters of dairy products. Exporters must ensure that fees are paid for the dairy products they intend to export, as stipulated in Regulation 51 (2). For inspections conducted outside of normal working hours or on public holidays, exporters must be prepared to pay the additional fees outlined in Regulation 51a. The requirement for timely payment of fees ensures compliance with export regulations and facilitates the smooth processing of export permits.
Failure to comply with these regulations may lead to legal consequences. Specifically, if exporters do not pay the stipulated fees, they cannot remove their goods for home consumption, and export permits will not be issued, as per Regulation 51 (2). Although the legislation does not explicitly detail penalties for non-payment of fees or for inspections conducted outside of official hours, non-compliance could result in administrative penalties or other legal repercussions under the overarching Acts and regulations. The regulations are designed to ensure that export activities are properly managed and that the government collects the necessary fees for inspection and processing services.