STATUTORY RULES
1971 No. 60
REGULATION UNDER THE EXCISE ACT 1901-1968.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Excise Act 1901-1968.
Dated this thirteenth day of May, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd) D. L. CHIPP
Minister of State for Customs and Excise.
Amendment of the Excise Regulations†
Overtime rates.
Regulation 209 of the Excise Regulations is amended by omitting from sub-regulation (1.) the words “Two dollars ninety-one cents” and inserting in their stead the words “Three dollars twenty-four cents”.
* Notified in the Commonwealth Gazette on , 1971.
† Statutory Rules 1925, No. 18) as amended by Statutory Rules 1926, No. 70; 1928, No. 131; 1929, Nos. 74, 92 and 97; 1930, No. 71; 1931, Nos. 25 and 43; 1932, Nos. 13, 51, 105 and 129; 1933, Nos. 37 and 103; 1934, Nos. 9, 65 and 76; 1936, Nos. 26, 56 and 99, 1939, Nos. 5, 39, 60, 121 and 169; 1940, Nos. 17 and 48; 1941, No. 313; 1942, Nos. 291, 335 and 387; 1943, Nos. 22 and 140; 1944, No. 173; 1945, No. 103; 1946, No. 89; 1947, Nos. 28 and 85; 1948, Nos. 36 and 95; 1949, No. 96; 1950, No. 16; 1951, Nos. 81, and 123; 1952, No. 97; 1953, No. 86; 1954, Nos. 22 and 109; 1955, Nos. 54 and 65; 1956, No. 128; 1958, Nos. 18 and 87; 1959, No. 76; 1960, Nos. 27 and 77; 1961; No. 61; 1962, Nos. 4, 46 and 108; 1963, No. 147; 1965, No. 195; 1966, Nos. 164 and 174; 1967, No. 172; 1969, Nos. 153, 187 and 205; and 1970, Nos. 114 and 142.
Printed by Authority by the Government Printer of the Commonwealth of Australia
14197/71—Price 5c 9/21.4.1971
Overview
Statutory Rules 1971 No. 60, enacted under the authority of the Excise Act 1901-1968, addresses the need to update the overtime rates for excise officers as stipulated in the Excise Regulations. The legislation was enacted by the Governor-General, Paul Hasluck, on the advice of the Federal Executive Council and was designed to ensure that the overtime rates for these officers are reflective of the current economic conditions. The policy objective behind this regulation is to maintain fair compensation for overtime work within the excise service, ensuring that the rates are adjusted in accordance with changes in the cost of living and the economic environment. This legislative instrument aims to provide clarity and consistency in the application of overtime rates, thereby supporting the effective administration of excise duties and taxes.
Scope and Application
This statutory regulation, issued under the authority of the Excise Act 1901-1968, amends the overtime rates specified in the Excise Regulations. The regulation is applicable to the Commonwealth of Australia, thereby affecting any entity or individual subject to the Excise Act, including businesses and employees within industries taxed under this act. The amendment pertains specifically to the overtime rate, altering the rate from Two dollars ninety-one cents to Three dollars twenty-four cents. The scope of this regulation is confined to the adjustment of overtime rates as outlined, and it does not introduce broader changes or exclusions beyond the specified amendment. The regulation is part of a series of amendments to the Excise Regulations, indicating a continuous process of updating and adjusting the rates in response to economic and fiscal policy considerations.
Key Provisions
The key operative sections of the statutory rules under the Excise Act 1901-1968 primarily concern the amendment of overtime rates as outlined in Regulation 209 of the Excise Regulations. Specifically, section 1 of these statutory rules mandates the alteration of the overtime rate stipulated in sub-regulation (1.) of Regulation 209, by replacing the previous rate of "Two dollars ninety-one cents" with a new rate of "Three dollars twenty-four cents." This change directly impacts the calculation of overtime payments for employees covered under the Excise Regulations.
The obligations imposed by these statutory rules are straightforward. They require compliance with the updated overtime rate, ensuring that employers adjust their payroll systems and calculations to reflect the new rate of "Three dollars twenty-four cents" per hour for overtime worked. This adjustment must be implemented uniformly across all relevant workplaces and must be adhered to in any agreements or contracts concerning overtime pay.
There are no explicit offences, penalties, or civil/criminal consequences outlined within these statutory rules themselves for failing to comply with the new overtime rate. However, any non-compliance with the amended overtime rate could potentially lead to legal challenges or disputes under the broader framework of the Fair Work Act 2009 or other relevant employment laws, which govern minimum wage standards and overtime entitlements. Employers who fail to comply with the updated rate might face claims from employees for unpaid wages, which could result in financial penalties and the need for remediation through court proceedings.