STATUTORY RULES.
1913. No. 14.
PROVISIONAL REGULATION UNDER THE CUSTOMS ACT 1901-1910.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Customs Act 1901-1910 should come into immediate operation, and make the Regulation to come into operation as from the 1st day of February, 1913, as a Provisional Regulation.
Dated this sixteenth day of January, One thousand nine hundred and thirteen.
DENMAN,
Governor General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
CUSTOMS REGULATION.
Overtime Rates.
Regulation No. 21 of the Customs Regulations (Statutory Rules 1911, No. 84) is hereby repealed, and the following Regulation substituted therefor:—
(1) When work is permitted before or after the working hours, or on any Sunday or holiday, for the convenience of the public, the rates to be charged for the services of the officers employed shall be as follow, viz.:—
(a) Officers of the Indoor Staff, 2s. 6d. per hour or part thereof.
(b) Officers in charge of the loading on or discharge of goods from ships, or the receipt or delivery of goods, 2s. 6d. per hour or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 3s. per hour or part thereof.
(c) Officers acting under the direct supervision of a superior officer, 1s, 9d. per hour or part thereof, except between the hours of 11 p.m. and 8 a.m., when the rate shall be 2s. 3d. per hour or part thereof.
(d) Officers receiving the report of a vessel, clearing a vessel, or receiving the report and clearing a vessel at the same time—(1) if not engaged for more than two hours, 5s.; (2) if engaged for more than two hours, 2s. 6d. per hour or part thereof, with maximum charge of 20s. for any twenty-four hours.
(2) The charges under (a), (b), and (c) 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 the time reasonably occupied in proceeding to and returning from the wharf or other place where the attendance is required.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.834—Price 3d.
Overview
The Statutory Rules 1913 No. 14, enacted as Provisional Regulation under the Customs Act 1901-1910, addresses the need to establish overtime rates for customs officers working outside standard hours, including on Sundays and public holidays. The urgency of this regulation was recognised by the Governor-General in Council, leading to its immediate operation from 1 February 1913. This legislative instrument was issued by the Commonwealth Government to ensure fair compensation for customs officers who perform their duties outside regular working hours, thereby maintaining efficient customs operations while providing appropriate remuneration for the additional work undertaken. The objective was to provide clarity and consistency in the rates charged for overtime services by customs officers, facilitating the smooth operation of customs activities outside of normal business hours.
Scope and Application
The Provisional Regulation under the Customs Act 1901-1910 pertains to overtime rates for officers employed in customs services across the Commonwealth of Australia. This legislation applies to various categories of customs officers who work beyond regular working hours or on Sundays and public holidays for the convenience of the public. The regulation specifies different rates based on the nature of the duties performed, such as indoor staff, officers in charge of loading and discharging goods, and those under direct supervision of a superior officer. The rates are further differentiated based on the time of day, with higher rates for work performed between 11 p.m. and 8 a.m. This regulation comes into effect immediately and is designed to provide clear guidelines on remuneration for overtime work within the customs service, ensuring that all relevant officers are compensated appropriately for their extended hours of service.
Key Provisions
The main operative sections of this Provisional Regulation under the Customs Act 1901-1910 focus on overtime rates for officers employed within the customs service. Specifically, Regulation 21 outlines the rates to be charged for services provided by officers working before or after their usual working hours, or on Sundays or holidays (Section 1). The regulation provides different rates depending on the role of the officer, such as indoor staff, officers in charge of loading or unloading ships, officers under direct supervision, and those who receive or clear vessels (Section 1(a)-(d)). For instance, indoor staff and officers in charge of loading or unloading ships are charged 2s. 6d. per hour or part thereof, except between 11 p.m. and 8 a.m., when the rate increases to 3s. per hour or part thereof.
This Act imposes specific obligations on the parties involved, primarily concerning the calculation and payment of overtime charges. It mandates that charges for indoor staff, loading and unloading officers, and those under direct supervision be calculated from the hour the officer is required to attend, including time spent travelling to and from the location (Section 1(a)-(c)). For officers involved in receiving or clearing vessels, the charges depend on the duration of their engagement, with a cap of 20s. for any 24-hour period (Section 1(d)). These regulations ensure that the customs officers are fairly compensated for their extended hours and the additional responsibilities they undertake.
Breach of these regulations could potentially lead to civil consequences, such as disputes over the accuracy of overtime charges. While the regulation does not explicitly state penalties for non-compliance, the absence of such provisions might imply that adherence to the outlined rates is mandatory, and failure to comply could result in legal action. The precise penalties are not detailed in the regulation, but they may be inferred from the general principles of contract law or employment law, depending on the context in which the regulation is applied.