Statutory Rules
1977 No. 253
REGULATION UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this sixteenth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf of the
Minister of State for Business and Consumer Affairs
AMENDMENTS OF THE EXPORTS (FISH) REGULATIONS†
Fees for officers’ services
Regulation 36 of the Exports (Fish) Regulations is amended—
(a) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (1) “ , Sunday or holiday ” and substituting “ or Sunday ”;
(b) by omitting from paragraph (a) of sub-regulation (1) “ One dollar thirty-five cents ” and substituting “ $2.50 ”;
(c) by inserting after paragraph (a) of sub-regulation (1) the following paragraph:
“ (aa) in respect of services rendered on a holiday—a fee of $3.15 for each quarter-hour or part of a quarter-hour during which the services are so rendered;”;
* Notified in the Commonwealth of Australia Gazette on 21 December 1977.
† Statutory Rules 1949, No. 54 as amended by Statutory Rules 1950, No. 38; 1951, Nos. 48 and 127; 1952, No. 105; 1954, No. 43; 1955, No. 51; 1956, Nos. 8, 44 and 121; 1959, No. 77; 1960, No. 37; 1963, No. 139; 1964, No. 105; 1965, No. 92; 1966, No. 48; 1967, No. 161; 1969, No, 32; 1970, No. 145; 1971, No. 105; 1972, No. 9; 1973, No. 13; and 1975, No. 170.
(d) by omitting from paragraph (b) of sub-regulation (1) “ One dollar ” and substituting “ $1.90 ” ;and
(e) by omitting from paragraph (c) of sub-regulation (1) “ One dollar ” and substitute “ $1.90 ”.
Overview
Statutory Rules 1977 No. 253, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to amend the Exports (Fish) Regulations concerning the fees for officers' services. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to update and standardise the fees charged for services rendered by officers in relation to fish exports. The policy objective of these amendments was to reflect changes in economic conditions and ensure that the fees accurately represented the cost of services provided, particularly during holidays when additional charges were introduced.
Scope and Application
The Statutory Rules 1977 No. 253 amends the Exports (Fish) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. This regulation specifically pertains to the fees charged for services rendered by officers involved in the fish export process. The amendment applies to both individuals and entities engaged in the fish export industry within the Commonwealth of Australia. It alters the fee structure for officer services rendered on regular working days and on holidays, setting a new base rate of $2.50 for regular working days and introducing a new rate of $3.15 per quarter-hour or part thereof for services rendered on holidays. These changes reflect adjustments to the financial obligations associated with the export of fish and are intended to ensure that the fees remain current and reflective of the costs involved.
Key Provisions
The key operative sections of these Regulations primarily concern the amendment of fees for officers' services related to fish exports. Specifically, Regulation 36 of the Exports (Fish) Regulations has been amended in several respects. Firstly, the phrase "Sunday or holiday" has been omitted from sub-paragraph (ii) of paragraph (a) of sub-regulation (1), with "or Sunday" being substituted instead (paragraph (a)(i)). Secondly, the fee amount for services rendered has been updated from one dollar thirty-five cents to $2.50 under sub-regulation (1)(a). Thirdly, a new sub-paragraph (aa) has been inserted into sub-regulation (1) to specify that a fee of $3.15 is applicable for each quarter-hour or part of a quarter-hour of services rendered on a holiday. Additionally, the fee for services under sub-regulation (1)(b) and (c) has been adjusted from one dollar to $1.90.
These amendments impose specific financial obligations on parties involved in fish exports. They must now pay the updated fees as outlined in the Regulations for officers' services. The fees must be calculated based on the time of service, with special consideration for holidays, where a higher rate of $3.15 per quarter-hour applies. The Regulations clarify the financial expectations and responsibilities for those utilising the services of officers in the context of fish exports, ensuring that all parties are aware of the correct fee structures.
Failure to comply with the specified fees and payment structures could result in legal consequences. Although the Regulations themselves do not explicitly outline penalties for non-compliance, breaches of related Acts, such as the Customs Act 1901 or the Commerce (Trade Descriptions) Act 1905, may incur penalties. Such penalties can include fines and other civil or criminal repercussions, depending on the severity of the breach and the provisions of the primary Acts under which the Regulations were made.