Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules 1920, No. 141, made under the Commerce (Trade Descriptions) Act 1905, were introduced to amend existing regulations concerning the supervision of goods prepared for export. Enacted by the Governor-General in Council, these regulations aim to refine the administrative processes involved in the export of goods, ensuring that they meet the necessary standards before being shipped abroad. This legislative instrument seeks to address the administrative burden and costs associated with the supervision of export goods, introducing a structured fee system for the services provided by officers during the inspection and preparation of goods for export.

Scope and Application

The Statutory Rules 1920, No. 141, under the Commerce (Trade Descriptions) Act 1905, introduce regulations that govern the preparation and exportation of goods with a focus on supervision and compliance. These regulations apply to exporters who wish to prepare goods for export under the special supervision of an officer. Such supervision ensures that the goods meet the required standards and descriptions set forth in the Act. Exporters can apply to have their goods prepared under this supervision and, upon approval, may affix a label indicating the supervised preparation and have the supervising officer sign or stamp the label. The Act applies to a broad range of goods, and the supervision is particularly pertinent to goods that require certification or compliance with specific trade descriptions before exportation. The geographic reach of these regulations is national, applying to all exporters within the Commonwealth of Australia. The Act does not explicitly exclude any categories of goods or entities from its purview, but the necessity for special supervision suggests that the regulations are likely to apply to goods requiring stringent compliance with trade descriptions. The amendments introduced by these regulations also address the fees associated with the services of officers involved in supervising the preparation of goods for export. Exporters are required to pay a fee calculated at the rate of two shillings and sixpence per hour for the services of the supervising officer. Additionally, if the expenses incurred by the Department of Trade and Customs in supplying the services of the officer exceed the fees paid by the exporter, the Minister may require the exporter to pay the excess amount. This fee structure ensures that the Department of Trade and Customs is adequately compensated for the services rendered, thereby maintaining the efficiency and effectiveness of the export supervision process. The application of these fees is nationwide, reinforcing the Commonwealth's regulatory oversight on trade descriptions and export preparations.

Key Provisions

The statutory rules of 1920, number 141, under the Commerce (Trade Descriptions) Act 1905, introduce key amendments and new provisions for the supervision and labelling of goods prepared for export. Regulation 18 (section 1) replaces the previous regulation and now allows for goods listed in these regulations to be prepared for export under the special supervision of an officer upon application by an exporter. This regulation permits the exporter to affix a label to the goods or their coverings, which the supervising officer can then sign or stamp, indicating that the goods have been prepared under supervision (section 18(2)). Additionally, it mandates that the exporter compensates the Collector for the officer’s services at a rate of two shillings and sixpence per hour, with the possibility of further payments if the actual expenses exceed this amount (section 18(3)). The obligations under these regulations are primarily on exporters who seek to have their goods prepared for export under supervision. They must apply to have their goods prepared under these conditions and ensure that the required labelling is affixed and signed by the supervising officer. Furthermore, they must compensate the Collector for the officer’s time and any additional expenses incurred by the Department of Trade and Customs. Regulation 55(1) (section 2) adds to these obligations by introducing similar compensation requirements for inspectors engaged in the inspection of export goods, where the fees charged do not cover the actual costs incurred by the Department. Failure to comply with these provisions may lead to penalties or other consequences. While specific offences and penalties are not detailed in the text, the regulatory framework implies that non-compliance with labelling requirements or failure to pay the required fees and additional expenses could result in civil or administrative consequences. These may include fines, delays in the export process, or other penalties as determined by the Minister or relevant authorities under the Act.