STATUTORY RULES.
1947. No. 29.
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REGULATION UNDER THE CUSTOMS ACT 1901-1936.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1936.
Dated this twenty-sixth day of February, 1947.
W. DUGAN
Administrator.
By His Excellency’s Command,
BEN. COURTICE
Minister of State for Trade and Customs.
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Amendment of the Customs Regulations.†
Regulation 19 of the Customs Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) Notwithstanding anything contained in the last preceding sub-regulation—
(a) the working days of the Customs shall, if the Collector so directs, be Monday to Friday (not including Public Holidays); and
(b) the working hours shall be such hours as the Collector directs, but shall not commence before 7 a.m. on any day.”.
* Notified in the Commonwealth Gazette on 28th February, 1947.
† Statutory Rules 1926, No. 203, as amended by Statutory Rules 1927, Nos. 17, 95 and 121; 1928, Nos. 47, 57, 74 and 95; 1929, Nos. 25, 56 and 127; 1930, Nos. 91, 138 and 140; 1931, Nos. 16, 42 and 90; 1932, No. 90; 1933, Nos. 21, 105, 106 163; 1938, No. 111; 1939, No. 157; 1940, Nos. 203 and 256; and 1946, Nos. 127 and 161.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4615.—Price 3d.
Overview
The Statutory Rules 1947 No. 29, issued under the Customs Act 1901-1936, were enacted to amend the Customs Regulations by introducing changes to the working days and hours of the Customs service. This legislative instrument was made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it came into effect on 26 February 1947. The regulation was designed to provide flexibility to the Collector in setting the working days from Monday to Friday, excluding public holidays, and to ensure that the working hours do not commence before 7 a.m. The overarching aim of these amendments was to streamline the operations of the Customs service while maintaining effective oversight and control.
Scope and Application
The Customs Regulations, as amended by Statutory Rules 1947 No. 29, pertain to the operations of the Customs service under the Customs Act 1901-1936. This regulation specifically modifies Regulation 19, dictating that the working days of Customs can be set by the Collector, operating from Monday to Friday excluding public holidays, and the working hours can also be directed by the Collector but must commence no earlier than 7 a.m. This legislation applies to the Customs service, which is a federal entity responsible for enforcing customs laws and managing the import and export of goods in Australia. The regulation is applicable nationally, extending its influence throughout the Commonwealth. The amendment provides flexibility to the Collector in determining operational hours, thereby potentially enhancing efficiency and adaptability in Customs operations. The regulation does not explicitly state any exclusions or exemptions but implies that the working days and hours can be tailored to specific needs, subject to the conditions outlined.
Key Provisions
The primary operative section of this legislative instrument (Regulation 19 of the Customs Regulations) modifies the working days and hours of Customs officers. Specifically, it allows the Collector to determine the working days, which can be set from Monday to Friday excluding public holidays, and to set the working hours, provided they do not commence before 7 a.m. on any day (Regulation 19(2)(a) and (b)). This regulation provides flexibility for the Collector to manage the workload and operational hours of Customs officers based on operational needs.
The amendment imposes several obligations on the parties it governs. It mandates that the Collector has the authority to direct the working days and hours of Customs officers, thereby requiring them to adhere to the schedules set by the Collector. This includes ensuring that officers are available for duty during the specified working days and hours, while also complying with the stipulation that working hours must not commence before 7 a.m.
Failure to comply with the provisions outlined in this regulation could result in various consequences. While the regulation itself does not explicitly detail penalties for breach, the overarching Customs Act 1901-1936 may include provisions for offences, penalties, or civil and criminal consequences for non-compliance. Typically, breaches of regulations under the Customs Act could result in fines, imprisonment, or other penalties as prescribed by the Act. The exact penalties would depend on the specific nature and severity of the breach, as well as any applicable sections within the Customs Act.