Customs Regulations 1909 (Amendment) (Provisional)

Overview

The Statutory Rules 1913 No. 16, enacted as a Provisional Regulation under the Customs Act 1901-1910, was introduced by the Governor-General in Council to amend the existing customs regulations. This legislative instrument addresses the need to adjust the working hours stipulated for customs officers, responding to the urgent requirements of the time. The regulation was issued under the authority of the Customs Act 1901-1910 by the Federal Executive Council, reflecting the Commonwealth's intent to swiftly modify operational aspects of customs enforcement. The policy objective underpinning this regulation is to ensure flexibility and responsiveness in the administration of customs operations, as evidenced by the immediate implementation of the amendment concerning the working hours of customs officers.

Scope and Application

The Provisional Regulation under the Customs Act 1901-1910, which came into immediate operation as of 16 January 1913, pertains to the amendment of Regulation No. 18 of the Customs Regulations 1909. This regulation specifically adjusts the working hours for personnel employed under the customs act, eliminating the previous requirement that employees must not work less than 44 clear working hours per week. This alteration is made by omitting certain words from the original regulation, indicating a change in the scope of permissible working hours for customs officials. The amendment is intended to address urgent operational needs and reflects a shift in the administrative approach towards workforce management within the customs sector. The regulation applies nationally, impacting all personnel governed by the Customs Act across the Commonwealth of Australia. This adjustment underscores the flexibility of the provisional regulation mechanism in swiftly responding to evolving requirements within the customs framework.

Key Provisions

The Statutory Rules 1913 No. 16 amends Regulation No. 18 of the Customs Regulations 1909 by removing a specific provision that mandated a minimum of 44 clear working hours per week for certain employees (Reg. 18, Customs Regulations 1909). This change effectively removes the restriction on the number of hours that could be worked, which previously had to be at least 44 clear working hours per week. This amendment may impact the work schedules and conditions for those covered by the regulation. The obligations under this amendment require that the revised work conditions be adhered to by employers within the scope of Regulation No. 18. While specific obligations such as record-keeping or reporting might not be explicitly stated in this particular amendment, it is essential for employers to ensure that any new work schedules comply with broader labour laws and regulations, including those pertaining to maximum working hours and employee welfare. Should there be a breach of the revised work conditions, the consequences can vary. Typically, failure to comply with labour regulations can lead to legal actions, fines, or penalties as prescribed by other relevant laws. However, the Statutory Rules 1913 No. 16 itself does not detail specific penalties or offences related to this amendment. It is, therefore, crucial for employers and employees to refer to the broader legal framework governing employment conditions and workplace safety.