STATUTORY RULES.
1927. No. 131.
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.
Commerce (General Exports) Regulations.
(Statutory Rules 1926, No. 22, as amended to this date.)
1. Regulation 103 of the Commerce (General Exports) Regulations is repealed and the following regulation inserted in its stead:—
“103.—(1.) When any goods to which these Regulations apply are submitted for export before or after official hours or any Sunday or holiday, for the convenience of the 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.”
2. Regulation 104 of the Commerce (General Exports) Regulations is repealed.
By Authority: H. J. Green, Government Printer, Canberra.
1271.—Price 3d.
Overview
The Statutory Rules 1927, No. 131, titled "Regulations Under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926," were introduced to amend the existing regulations governing the inspection of goods for export, particularly addressing the charges associated with such inspections outside of standard working hours or on holidays. Enacted by the Governor-General in Council on 16th November 1927, the regulations aimed to provide a clear and structured approach to the financial obligations incurred by exporters who require inspections during non-standard hours. The policy objective behind these regulations was to ensure that the costs associated with providing inspection services outside regular working hours were transparently communicated and fairly distributed. The money collected from these charges would be held by the Department and subsequently distributed to the inspectors according to the rates stipulated by law.
Scope and Application
The Statutory Rules 1927, No. 131, made under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, provide specific regulations concerning the export of goods in Australia. These regulations are applicable to any individual or entity seeking to export goods, with particular attention to the fees and charges for inspections conducted by Customs officers outside of normal business hours or on public holidays. The regulation specifies a charge of four shillings and sixpence per hour or part thereof for such inspections, with additional charges for travel time. It further stipulates that any revenue collected from these charges will be held by the Department and subsequently paid to the inspectors according to the rates prescribed by law. This legislative instrument is instrumental in establishing the financial obligations associated with expedited export inspections, thereby ensuring compliance with export regulations and facilitating the smooth operation of export processes.
Key Provisions
The key provisions of these Regulations under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926 introduce specific charges for the services of an Inspector during the export of goods. According to Regulation 103, if goods are submitted for export outside of official hours or on a Sunday or holiday, a charge of four shillings and sixpence per hour or part thereof will be applied for the Inspector's service (Reg. 103(1)). The charge includes the time taken for the Inspector to travel to and from the location where the goods are to be inspected (Reg. 103(2)). Additionally, if the Inspector needs to travel from their regular station to perform their duties, the rate for their services is determined by the Minister (Reg. 103(3)). The funds collected for these overtime services are held by the Department and are subsequently paid to the Inspectors at the rates prescribed by law (Reg. 103(4)).
These Regulations impose specific financial obligations on exporters who choose to submit goods for export outside of the standard hours or on non-working days. They must pay the increased charges for Inspector services, which are designed to compensate for the inconvenience and additional time required. Furthermore, these Regulations ensure that the Inspectors are appropriately compensated for their overtime work, as the collected fees are to be distributed to them according to legal provisions.
Failure to comply with these Regulations, such as submitting goods for export outside of the specified hours without paying the additional charges, could result in enforcement actions under the relevant Acts. However, the exact civil or criminal consequences for non-compliance are not detailed in the provided text. It is advisable to refer to the primary legislation, the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, for further information on the potential penalties for breaches of these Regulations.