Customs Regulations (Amendment)

Overview

The Statutory Rules 1924, No. 192, made under the Customs Act 1901-1923, were enacted to amend the Customs Regulations 1922, specifically Regulation 22, which addresses the rates charged for the services of officers employed in various capacities during off-hours and on public holidays. These regulations were introduced by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into operation on 1st January 1925. The policy objective behind these amendments was to clarify and standardise the rates for overtime and holiday work for customs officers, ensuring fair compensation for services rendered outside regular working hours.

Scope and Application

The Statutory Rules 1924, No. 192, issued under the Customs Act 1901-1923, provide amendments to the Customs Regulations 1922. Specifically, Regulation 22 (1) is repealed and replaced to detail the rates charged for the services of customs officers working outside of standard hours or on Sundays and public holidays. This regulation applies to various customs officers employed by the Commonwealth of Australia, including those under direct supervision, in charge of loading or discharging goods, and those performing tasks such as receiving reports and clearing vessels. The geographic and jurisdictional reach of these regulations is national, encompassing all customs activities within the Commonwealth of Australia. The stated changes do not explicitly exclude any specific persons, entities, or industries, but rather broadly apply to all officers performing designated tasks. Additionally, these regulations can be extended or restricted through subordinate instruments, ensuring that the scope of application can be adjusted to meet evolving needs within the customs sector.

Key Provisions

The Regulations under the Customs Act 1901-1923 (Amendment No. 27) amend the Customs Regulations 1922, specifically Regulation 22 (1), which pertains to the rates charged for the services of officers employed for work before or after working hours, or on Sundays and holidays for the convenience of the public. The new regulation specifies the rates for various categories of officers based on their roles and the duration of their engagement. Officers under direct supervision, lockers, drawback officers, and those inspecting re-imported goods are to be charged 4s. 6d. per hour or part thereof (Regulation 22(1)(a)). Officers in charge of loading or discharging goods from ships are also charged at the same rate (Regulation 22(1)(b)). Indoor staff officers are similarly charged 4s. 6d. per hour or part thereof (Regulation 22(1)(c)). Officers involved in receiving reports of vessels, clearing vessels, or performing both functions are charged 9s. if engaged for no more than two hours, and 4s. 6d. per hour or part thereof for any period over two hours, with a maximum charge of 36s. for any 24-hour period (Regulation 22(1)(d)). The amended regulations impose specific obligations on the parties involved, primarily focusing on the charging of fees for the services of officers who work outside regular hours or on public holidays. The regulations detail the rates that must be charged based on the officers' roles and the duration of their work. For example, officers under direct supervision must be charged 4s. 6d. per hour, while those receiving or clearing vessels must be charged 9s. for up to two hours of work or 4s. 6d. per hour beyond that duration, with a cap of 36s. per day. These obligations ensure that all parties involved in customs operations understand the financial implications of employing officers outside standard working hours. There are no specific offences, penalties, or consequences mentioned within the text of the regulations themselves. However, failure to comply with these regulations could potentially result in disputes over the correct charges for services rendered, which might necessitate legal resolution. The Customs Act 1901-1923 and related legislation would govern any legal proceedings or enforcement actions arising from non-compliance with these regulations.