Dairy Produce Export Control (Staff) Regulations (Amendment)

Legislation au C1948L00118 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. .

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REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924-1947 *

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairy Produce Export Control Act 1924-1947.

Dated this fifteenth day of September, 1948.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce and Agriculture.

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Amendments of the Dairy Produce Export Control (Staff)  Regulations.†

definitions.

1. Regulation 3 of the Dairy Produce Export Control (Staff) Regulations is amended by inserting after the definition of “ officer ”  the following definitions:—

“ ‘organization ’ means an organization registered under the Commonwealth Conciliation and Arbitration Act 1904-1947 ;

‘ returned soldier ’ has the same meaning as in the Commonwealth Public Service Act 1922-1947 ;

‘ standard salary ’ shall be deemed to be the salary payable to an officer in accordance with the provisions of sub-regulations (1) to (4) (inclusive) of regulation 5 of these Regulations ;

Salaries of officers.

2. Regulation 5 of the Dairy Produce Export Control (Staff) Regulations is amended by omitting sub-regulation (6.).

3. Regulation 8 of the Dairy Produce Export Control (Staff) Regulations is repealed and the following regulation inserted in its stead :—

overtime.

 “8.—(1.) The Secretary may, if satisfied as to the necessity therefor, authorize the working of overtime by officers.

(2.) Overtime shall be recorded and shall be paid for subject to, and in accordance with, the provisions of these Regulations.

(3.) The hourly rate of overtime shall be based on time and a half, and shall be calculated in accordance with the following formula :—

* Notified in the Commonwealth Gazette on       , 1948.

† Statutory Rules 1938, No. 57, as amended by Statutory Rules 1938, No. 118; 1940, No. 116 ; 1941, No. 156 ; 1942, Nos. 192 and 530; and 1948, Nos. 1 and 48.

2700.—Price 3d.          8/18.8.1948.


(4.) The hourly rate of pay for overtime shall be computed to two decimal points of a penny with a minimum rate of One shilling per hour, and a maximum rate of Eight shillings and sixpence per hour. Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly pay period.

(5.) Payment for overtime shall be made in respect of time worked in excess of forty hours per week.

(6.) Officers in receipt of salary exceeding a standard salary of Five hundred and four pounds per annum shall not be entitled to receive payment for overtime.

(7.) Notwithstanding anything contained in sub-regulations (4.), (5.) and (6.) of this regulation, an officer who is a member of an organization or a returned soldier shall be paid for overtime in accordance with the following provisions :—

(a) The minimum rate for overtime shall be Two shillings per hour and the maximum rate Eight shillings and sixpence per hour.

(b) Payment for overtime shall be made in respect of time worked in excess of thirty-eight hours per week.

(c) Officers in receipt of a salary exceeding a standard salary of Seven hundred and sixty-eight pounds per annum in the case of males and Seven hundred and six pounds per annum in the case of females shall not be entitled to receive payment for overtime.

(d) The maximum amount payable for overtime worked during a fortnightly pay period shall not exceed the difference between the officer’s salary, including higher duties allowance and other allowances in the nature of salary, for the full fortnightly pay period and the fortnightly equivalent of an amount calculated on the current equivalent of a standard salary of Seven hundred and sixty-eight pounds per annum in the case of males and Seven hundred and six pounds per annum in the case of females: Provided that payment for duty on Sundays and holidays shall be excluded in determining the amount payable for overtime.

(8.) Where, during the period commencing on the eighth day of May, 1947, and ending on the date on which this regulation came into operation, an officer whose salary did not exceed a standard salary of Five hundred and four pounds per annum worked overtime, he shall be entitled to receive payment for overtime so worked in accordance with the provisions of the regulation for which this regulation is substituted.”.

Duty on holidays.

4.—(1.) Regulation 7a of the Dairy Produce Export Control (Staff) Regulations is amended—

(a) by inserting at the end of paragraph (b) of sub-regulation (2.) the following proviso :—

“Provided that the maximum hourly rate of payment shall be computed on the current equivalent of a standard salary of Four hundred and fifty pounds per annum.”;


(b) by omitting from sub-regulation (4.) the symbol and figures “£450” and inserting in their stead the words “Five hundred and four pounds standard salary” ; and

(c) by inserting after sub-regulation (4.) the following sub regulation :—

“(5.) Notwithstanding anything contained in sub-regulations (2.) and (4.) of this regulation, an officer who is a member of an organization or a returned soldier, and is in receipt of a salary not exceeding a standard salary of Six hundred and twelve pounds per annum in the case of males and Five hundred and fifty pounds per annum in the case of females, shall be entitled to receive payment for holiday duty.”.

(2.) The amendment effected by paragraph (b) of the last preceding sub-regulation shall be deemed to have come into operation on the eighth day of May, 1947.

Recreation leave.

5. Regulation 11 of the Dairy Produce Export Control (Staff) Regulations is amended by adding at the end thereof the following sub-regulation :—

“(2.) Where the Board certifies that, owing to circumstances attributable to the war, it was not practicable to grant recreation leave to an officer for the whole or any portion of any period or periods for which recreation leave could have been granted at any time between the third day of September, 1939, and the thirty-first day of December, 1945, payment may be made to that officer, at such rates and under such conditions as the Minister determines, in respect of such leave as was not granted.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Dairy Produce Export Control Act 1924-1947 was enacted to regulate the export of dairy products from Australia. The Act aimed to ensure that the export of dairy produce was conducted in a manner that would not unduly affect the domestic supply and prices of dairy products. The problem it addressed was the need for controlled exportation to maintain a stable domestic market, particularly during times of war or economic uncertainty. The 1948 Regulations under this Act, made by the Governor-General in accordance with the advice of the Federal Executive Council, further detail the administration and enforcement of these controls. They amend various provisions concerning the staffing, salaries, overtime, holiday duty, and recreation leave of officers involved in the export control process. These amendments reflect the evolving needs of the wartime economy and the post-war recovery period, ensuring that the regulations remain effective and fair to all parties involved.

Scope and Application

The Dairy Produce Export Control (Staff) Regulations 1948, made under the authority of the Dairy Produce Export Control Act 1924-1947, pertain to the conditions of employment for officers within the scope of dairy produce export control. These regulations apply to officers who are directly involved with the enforcement and administration of the Act, ensuring that the export of dairy products adheres to the stipulated standards and controls. The Act operates on a Commonwealth level, applying across the entirety of Australia, thereby impacting the conduct and transactions of entities and persons involved in the dairy industry and the export of dairy products. The regulations set forth detailed provisions regarding the remuneration and conditions of service for these officers, including definitions of terms such as "officer," "organisation," and "returned soldier," and they also address specific matters such as overtime, holiday duty, and recreation leave. Notably, the regulations distinguish between different categories of officers, particularly regarding salary thresholds and entitlements to overtime and holiday duty pay. Certain exclusions and exemptions are provided, such as officers earning above specific salary thresholds being ineligible for overtime payments, and the regulations may be further refined through subordinate instruments.

Key Provisions

The main operative sections of these regulations (sections 1 to 5) amend the existing Dairy Produce Export Control (Staff) Regulations. These amendments introduce new definitions (section 1) and modify the salary structure and overtime provisions for officers (sections 2 and 3). For instance, the definition of "standard salary" is clarified, and new rules for overtime pay are established, including different rates for officers who are members of an organization or returned soldiers, as well as restrictions based on salary thresholds (section 3). Additionally, changes to holiday duty payments (section 4) and provisions for recreation leave (section 5) are introduced. The regulations impose various obligations on the parties they govern. Officers must adhere to the specified salary thresholds and conditions for overtime and holiday duty pay. For example, officers earning above a certain salary are ineligible for overtime pay, and those who are members of an organization or returned soldiers have different eligibility criteria and maximum overtime pay limits (section 3). Furthermore, officers must comply with the conditions set by the Minister for recreation leave payments, especially those who did not receive leave due to war circumstances (section 5). Breaches of these regulations can lead to civil or criminal consequences, although the specific penalties are not detailed in the provided text. Generally, violations of employment regulations can result in legal actions against the offending party, including fines or other penalties as prescribed by law. For instance, failure to adhere to the overtime or holiday duty pay provisions could potentially lead to disputes that may be resolved through legal channels. However, the exact penalties for breaches are not specified in the regulations themselves, and would likely be determined by the courts or relevant tribunals.

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Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Overtime

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.