Dried Fruits Export Control (Fees and Expenses) Regulations (Amendment)

Overview

The Dried Fruits Export Control (Fees and Expenses) Regulations, 1951, were enacted to amend the existing regulations pertaining to fees and expenses under the Dried Fruits Export Control Act 1924-1938. These regulations were established to address the administrative and financial aspects of the export control process for dried fruits, ensuring that the operations of the Board are adequately compensated for their services. The regulations were made under the authority of the Parliament and were designed to ensure that the fees and allowances for the Chairman and members of the Board, as well as their travel expenses, are in line with the roles and responsibilities they undertake. The amendments to the original regulations aimed to provide clarity and update the compensation structure to reflect the changing circumstances and costs associated with the Board’s operations.

Scope and Application

The Dried Fruits Export Control (Fees and Expenses) Regulations 1951 govern the financial compensation for the Chairman and members of the Board involved in the export control of dried fruits. These regulations, which came into operation on July 1, 1950, outline the fees and expenses related to the Board's activities. They apply specifically to the Chairman, members, and deputies of the members of the Board who are engaged in the business of the Board, including attending meetings and participating in official duties. The regulations were made under the Dried Fruits Export Control Act 1924-1938 and came into force on June 27, 1951. Notably, these regulations provide specific allowances for travel expenses, including a higher rate for travel outside Australia, equating to the allowance given to a Permanent Head of a Department of the Commonwealth Public Service when travelling on official duties.

Key Provisions

The Dried Fruits Export Control (Fees and Expenses) Regulations, which were made under the Dried Fruits Export Control Act, set out the fees and expenses payable to the Chairman and members of the Board, as well as the allowances for travel. Specifically, Regulation 2 amends the fees payable to the Chairman and members. The amendments include the adjustment of the fees from Five and Four to Six and Five respectively, and the clarification that the fee applies not only to attending meetings but also to engaging in other business of the Board as determined by the Board (Section 2(a) and (b)). Furthermore, Regulation 2(2) specifies that the Chairman, a member, or a deputy of a member shall receive only one fee per day for attending a meeting and engaging in Board business (Section 2(c)). In terms of travelling allowances, Regulation 3 has been amended to increase the allowance from One pound ten to Two pounds two. Additionally, the reference to "rail and steamer" has been removed from sub-regulations (1) and (2) (Section 3(a) and (c)). Moreover, sub-regulation (3) introduces a new provision stating that when the Chairman or a member of the Board travels outside Australia on Board business, they are not entitled to the previous allowance during the period they are outside Australia. Instead, they will receive an allowance at the same rate as that payable to a Permanent Head of a Department of the Commonwealth Public Service while travelling outside Australia on official duties (Section 3(e)). The Act imposes certain obligations on the parties involved. The Chairman and members of the Board must adhere to the stipulated fees and allowances as outlined in the Regulations. They are required to ensure that they only receive one fee per day for attending meetings and engaging in Board business. Additionally, if they travel outside Australia on Board business, they must follow the prescribed allowance rates and not claim the previous allowance during their time outside Australia. Failure to comply with the provisions of these Regulations could result in civil or criminal consequences. While the exact penalties are not specified in the provided text, breaches of statutory provisions often attract penalties under the Acts Interpretation Act 1901. In the case of civil penalties, the maximum penalties can vary depending on the specific breach and jurisdiction, but they can include fines up to a certain amount. For criminal penalties, the maximum penalties can include fines and/or imprisonment, the specifics of which would be determined by the relevant legislation and the severity of the breach. It is important for the parties involved to ensure strict adherence to the Regulations to avoid any potential legal ramifications.