Dairy Produce Export Control (Staff) Regulations

Legislation au C1938L00057 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1938. No. 57.

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REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924-1937.*

I, THE ADMINISTRATOR of the Government of 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 1924-1937.

Dated this Twenty Second

day of June  , 1938.

HUNTINGFIELD

Administrator.

By His Excellency’s Command,

for Minister of State for Commerce.

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Dairy Produce Export Control (Staff) Regulations.

Citation.

1. These Regulations may be cited as the Dairy Produce Export Control (Staff) Regulations.

Repeal.

2. The Dairy Produce Export Control (Staff) Regulations (being Statutory Rules 1927, No. 43) are repealed.

Definitions.

3.—(1.) In these Regulations, unless the contrary intention appears—

“officer” means an officer appointed under section 13 of the Act;

“the Act” means the Dairy Produce Export Control Act 1924-1937;

“the London representative” means the London representative appointed under section 12 of the Act;

“the Secretary” means the Secretary to the Board, and includes any person for the time being acting as Secretary.

(2.) In these Regulations, any reference to a Table shall be read as a reference to a Table contained in the Schedule to these Regulations.

Appointment of officers to be during pleasure.

4. Officers shall hold office during the pleasure of the Board, subject to good behaviour and compliance with these Regulations.

Salaries of officers.

5.—(1.) An officer appointed, transferred or promoted by the Board to an office specified in Table A shall, subject to this regulation, be paid the minimum salary set out in that Table opposite to that office, or such higher salary (not exceeding the maximum salary so set out) as the Board determines.

 

* Notified in the Commonwealth Gazette on  , 1938.

4752.—8/11.6.1938.—Price 3d.


(2.) Such increments of salary (if any) as the Board determines shall be paid to officers, but so that the annual salary of an officer shall not exceed the maximum salary set out in Table A opposite to the office occupied by that officer.

(3.) The salaries and allowances (if any) of officers stationed in London shall be paid in English currency.

Office hours

6.—(1.) Subject to the next succeeding sub-regulation, the hours of attendance to be observed by officers shall, subject to these Regulations, be—

(a) on days other than Saturdays—from nine o’clock in the morning to five o’clock in the afternoon, with an interval for luncheon of one hour; and

(b) on Saturdays—from nine o’clock in the morning to twelve o’clock noon.

(2.) Where the nature of the duties of an officer does not permit his attendance during the hours prescribed by the last preceding sub-regulation, the hours of attendance of that officer shall be as determined by the Board.

Duty after office hours.

7. The Secretary may, whenever necessary, require an officer to perform work after the usual hours.

Overtime.

8.—(1.) The Secretary, if satisfied as to the necessity therefor, may 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:—

(4.) The minimum rate of payment for overtime shall be one shilling per hour.

(5.) Payment for overtime shall be made in respect of time worked in excess of forty-four hours per week, and shall be calculated to the nearest quarter of an hour of the total time so worked.

(6.) Officers in receipt of salary exceeding £450 per annum shall not be entitled to receive payment for overtime.

Meal allowance.

9. Where an officer is required to remain on duty after six o’clock in the afternoon and is not paid overtime in respect thereof, he shall be granted a meal allowance of Three shillings if that attendance necessitates his obtaining a meal away from home.

Absence from duty during office hours.

10.—(1.) Except by express permission of the Secretary, an officer shall not absent himself from his office during office hours.

(2.) Where the Secretary permits an officer to absent himself from his office during office hours, the Secretary may grant leave, either with or without pay, in respect of that absence.


Recreation leave.

11. The Board may grant recreation leave to an officer on the completion of each period of twelve months’ employment, for any period or periods not being in the aggregate less than twelve working days, nor more than eighteen working days, in respect of any period of twelve months.

Absence from duty in case of illness or emergency.

12.—(1.) If an officer is prevented by illness or other emergency from attending his duty, he shall immediately report the fact to the Secretary.

(2.) Where an officer is prevented from attending his duty on account of illness, the Board may, on production of satisfactory medical evidence, grant to that officer leave of absence, with pay, for such period as the Board determines.

(3.) Where an officer is prevented from attending his duty on account of illness, and is unable to produce satisfactory medical evidence, the Board may grant to that officer leave of absence, without pay, for such period as the Board determines.

Rate of travelling allowance.

13. Officers shall be paid travelling allowances in accordance with Table B.

Secretary to report to Board as to certain matters.

14. The Secretary shall report to the Board, whenever the necessity arises, any alterations which are, in his opinion, necessary or expedient for the more economical, efficient or convenient working of his office, and any alterations which are, in his opinion, necessary in the salaries or allowances of officers, and shall bring under the notice of the Board any matter in relation to an officer, or to the working of his office, with which he thinks it desirable that the Board should be acquainted.

Officers stationed in London.

15. The powers and functions conferred by these Regulations on the Board or the Secretary may, in the case of officers stationed in London, be exercised, subject to any resolution of the Board, by the London representative.

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THE SCHEDULE.

Reg. 3(2.).

Table A.

Office.

Annual Salary.

Minimum.

Maximum.

Australia—

£

£

Secretary to the Board...............................

800

1,000

Accountant.......................................

400

500

Outports Organizer and Publicity Officer...................

400

550

Clerk—Adult—First Class............................

271

420

 ,,            ,,          Second Class..........................

180

270

 ,,           Under 21 years..............................

105

179

Typist and Shorthand Writer (Female)—

 

 

Adult........................................

130

240

Under 21 years..................................

65

130

Messenger.......................................

52

104

London—

 

 

Clerk—London Office...............................

500

650

Clerk—Adult.....................................

200

350

          Under 21 years...............................

105

179

Typist and Shorthand Writer (Female)—

 

 

Adult........................................

150

250

Under 21 years..................................

78

156

Messenger.......................................

52

104


Table B.

Office.

Travelling Allowance—Rate per day calculated from the date of departure to date of return inclusive.

 

£ s. d.

Secretary to the Board..................................

1 10 0

Other officers of the Board...............................

1 5 0

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

Overview

The Dairy Produce Export Control (Staff) Regulations, 1938, were made under the authority of the Dairy Produce Export Control Act 1924-1937 to provide detailed provisions for the staffing and management of officers involved in the regulation and control of dairy produce exports. Enacted by the Commonwealth of Australia, these regulations aimed to establish clear guidelines for the appointment, remuneration, working conditions, and allowances of officers. The policy objective was to ensure efficient and economical administration of the dairy export control measures, with a focus on maintaining high standards of service and accountability within the department responsible for overseeing dairy exports. The regulations define the roles and responsibilities of officers, their salaries, office hours, and conditions for overtime, leave, and allowances, ensuring that the department operates smoothly and effectively.

Scope and Application

The Dairy Produce Export Control (Staff) Regulations, made under the Dairy Produce Export Control Act 1924-1937, pertain specifically to the appointment, remuneration, and working conditions of officers employed in the administration of the Act. These officers, who are appointed at the discretion of the Board and can be removed from office in accordance with the Act's provisions, are subject to the terms and conditions set forth in these Regulations. These include the determination of salaries, which are specified in a table within the Schedule to these Regulations, and may include increments as determined by the Board, but with a cap to ensure that the annual salary does not exceed the maximum set out in the table. Officers are also entitled to allowances such as overtime pay, travelling allowances, and meal allowances under certain conditions. These Regulations apply to officers both in Australia and in London, where the London representative may exercise certain powers and functions on behalf of the Board. These Regulations do not apply to any other persons or entities, and their scope is limited to the administration of the Dairy Produce Export Control Act.

Key Provisions

The main operative sections of these Regulations (referred to as the Dairy Produce Export Control (Staff) Regulations) lay out various administrative and procedural details pertaining to the staff of the Board established under the Dairy Produce Export Control Act 1924-1937. Section 4 stipulates that officers are to hold their positions during the pleasure of the Board, provided they behave properly and adhere to the regulations. Salary provisions are detailed in Section 5, which outlines minimum and maximum salaries for officers based on their roles, as specified in Table A of the Schedule. Officers' office hours are governed by Section 6, with standard hours being from 9 a.m. to 5 p.m. on weekdays, with a one-hour lunch break, and 9 a.m. to noon on Saturdays, although these hours may be adjusted as necessary by the Board. Section 7 allows the Secretary to require officers to work beyond their usual hours when necessary, while Section 8 details the conditions under which overtime work can be authorised and paid. The obligations and requirements imposed on parties by these Regulations include adherence to the prescribed office hours, unless otherwise authorised by the Board (Section 6). Officers must report any absences, including those due to illness or emergency, to the Secretary (Section 10 and 12). The Secretary is required to report to the Board on any necessary or expedient changes in office operations or officer salaries (Section 14). Officers must also comply with the salary and overtime provisions set out in Sections 5 and 8 respectively. In terms of offences, penalties, or consequences for breach, the Regulations do not explicitly detail specific criminal or civil penalties for non-compliance. However, the requirement to hold office during the pleasure of the Board (Section 4) implies that failure to meet the conditions of employment could result in dismissal. Similarly, failure to report absences or unauthorised overtime work could also lead to disciplinary action. The precise nature and extent of any penalties for breaches would likely be determined by the Board in accordance with its own internal procedures and any relevant employment law.

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Commercial Law
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Regulation
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Definitions & Interpretation
Salaries of officers
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