Excise Regulations 1913 (Amendment)

Overview

The Statutory Rules 1919, No. 118, issued under the authority of the Excise Act 1901–1918, addresses the need for regulating overtime work by officers in distilleries and factories. Enacted by the Federal Executive Council and the Governor-General, this regulation serves to replace Regulation 180 of the Excise Regulations 1913, which previously governed overtime work. The policy objective is to establish a clear framework for overtime charges and payments, ensuring that officers are compensated fairly for work performed outside official hours, including weekends and public holidays. This legislative instrument underscores the government's commitment to maintaining fair labour practices and ensuring that overtime is charged and paid in accordance with the law.

Scope and Application

The Statutory Rules 1919, No. 118, issued under the authority of the Excise Act 1901–1918, serve to amend the existing Excise Regulations of 1913, specifically addressing the regulation of overtime for officers engaged in supervision at factories or distilleries. This legislation applies to officers who may be required to work outside their official hours, including Sundays, public holidays, or before or after the official working hours. The amended regulation stipulates that overtime services rendered during these times will be compensated at a specified rate, with additional charges for night shifts and public holidays. The compensation is to be held by the Department and distributed to the officers according to the rates prescribed by law. This regulation operates on a Commonwealth level, impacting all supervisory officers within the purview of the Excise Act across Australia. There are no stated exclusions or exemptions within the regulation, but the application is contingent on the Collector’s authorisation, providing a measure of flexibility in its implementation.

Key Provisions

The regulation primarily amends the existing Excise Regulations of 1913, specifically focusing on overtime provisions for officers involved in the supervision of factories or distilleries. Under section 180 of the amended regulation, the Collector is empowered to authorise work outside the official hours, with specific conditions and charges outlined for such overtime work. For instance, if an officer’s services are needed on Sundays, public holidays, or before or after official hours, a charge of 3 shillings per hour or part thereof is applicable, which includes the time taken by the officer to travel to and from the factory or distillery. If the overtime work occurs between 11 p.m. and 8 a.m., the charge escalates to 4 shillings per hour. Moreover, if a factory or distillery operates continuously for sixteen hours a day or works around the clock, no overtime charge is levied, except for work on public holidays or between noon on Saturday and 6 a.m. on Monday. The money collected from these overtime charges is to be held by the Department and subsequently paid to the officers who have worked the overtime, at the rates provided by law. The regulation imposes specific obligations on the Collector and the officers. The Collector has the authority to authorize overtime work and must ensure that the overtime charges are calculated and collected accurately. The officers, in turn, must comply with the Collector’s directives regarding overtime work and be aware of the rates at which they will be charged for working outside official hours. Furthermore, the regulation mandates that the overtime charges be held by the Department and that payments be made to the officers at the prescribed rates. These obligations ensure that the overtime work is properly managed, and the officers are compensated fairly for their extra hours. Failure to comply with the provisions of this regulation can lead to various consequences. Although specific offences or penalties are not explicitly detailed in the text, it can be inferred that any non-compliance with the outlined procedures for overtime work and charge collection could result in disciplinary action or financial discrepancies. Given the context of the Excise Act 1901–1918, non-compliance with such regulations could potentially lead to civil or administrative penalties, although the exact nature of these penalties is not specified in the text. The regulation's emphasis on detailed charge calculations and payment processes underscores the importance of adherence to these stipulations to avoid any legal or financial repercussions.