Commerce (Meat Export) Regulations (Amendment)

Overview

Statutory Rules 1958, No. 78, made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, was introduced to amend the Commerce (Meat Export) Regulations, specifically addressing the fees charged to individuals for the services of officers outside official hours or on weekends and public holidays. This regulation was enacted by the Governor-General in Council, reflecting the Federal Executive Council's advice. The policy objective is to ensure that those who require services outside regular business hours, such as on weekends or holidays, are appropriately compensated for the officers' time and effort, thereby maintaining a fair and efficient system for meat export compliance.

Scope and Application

The Statutory Rules 1958 No. 78 made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950 pertains to the regulation of fees for services provided by officers in relation to the Commerce (Meat Export) Regulations. This regulation applies to persons or entities requesting services from officers for the purposes of these regulations, particularly those who require such services outside of regular working hours or on holidays. The regulation is geographically bound to the Commonwealth of Australia, as indicated by its enactment by the Governor-General acting on the advice of the Federal Executive Council. It does not specify exclusions or exemptions but modifies the fee structure for officer services rendered outside normal working hours or on weekends and holidays. Additionally, the regulation may extend or restrict its application through subordinate instruments, although specific details on such extensions or restrictions are not elaborated in the provided text.

Key Provisions

The Statutory Rules 1958, No. 78, made under the Customs Act 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950, introduces amendments to the Commerce (Meat Export) Regulations, specifically altering the fees for officers’ services provided outside regular hours or on holidays. According to Regulation 100(1), individuals requesting the services of an officer outside normal working hours, on a Sunday, or on a public holiday will incur a fee of One pound three shillings per hour or part of an hour for Sunday services, and Seventeen shillings and sixpence per hour or part of an hour for services provided before or after official hours, on a Saturday, or on a public holiday. Regulation 100(5) further clarifies that 'holiday' is defined as a day recognised as a public holiday in the Commonwealth Public Service under section 76 of the Public Service Act 1922-1958, and 'officer' retains its meaning as defined in section 4 of the Customs Act 1901-1957. This legislative instrument imposes obligations on parties or entities requesting services from officers under the Commerce (Meat Export) Regulations. It requires that any individual or entity seeking officer services outside standard working hours or on holidays must be prepared to pay the specified fees as outlined in Regulation 100(1). This includes accurately accounting for the exact duration of the services provided, whether it be a full hour or a fraction thereof, and ensuring timely payment of the fees as stipulated in the regulation. Failure to comply with the payment requirements set out in the amended Commerce (Meat Export) Regulations could potentially result in civil or administrative consequences, though the specific penalties are not detailed in the statutory rules. The imposition of fees is intended to cover the costs associated with providing services outside of regular working hours or on holidays, ensuring that the services remain available to those who need them while also maintaining the financial sustainability of the service provision. The regulation, however, does not explicitly state any criminal or civil penalties for non-payment, leaving it to be potentially addressed under other relevant laws or administrative procedures.