Exports (Canned and Frozen Fruits) Regulations (Amendment)

Overview

Statutory Rules 1977 No. 249, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to amend the Exports (Canned and Frozen Fruits) Regulations, specifically addressing fees for officers' services related to the export of canned and frozen fruits. The regulation was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and signed by Ian Sinclair, the Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs. The policy objective was to adjust the fees for services rendered by officers on both regular days and holidays, reflecting changes in the economic conditions and ensuring that the fees are adequate to cover the costs associated with the administration of exports.

Scope and Application

The Statutory Rules 1977 No. 249, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, pertain specifically to the Exports (Canned and Frozen Fruits) Regulations. These regulations govern the fees for officers' services related to the inspection and certification of exports of canned and frozen fruits, ensuring compliance with Australian customs and trade description standards. The amendments outlined in the regulation adjust the fees for services rendered by officers on both regular days and holidays, reflecting updated economic conditions and the value of the services provided. This regulation applies nationally across Australia, affecting exporters of canned and frozen fruits who must adhere to the prescribed fees for the officers' services. It does not specify any exclusions or exemptions within the scope of the regulation itself, but it is subject to the overarching provisions of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, which might include certain exclusions based on specific circumstances or categories of goods. The regulation extends its application through the amendments to the fees, ensuring that the financial obligations of exporters are clearly defined and adjusted to current economic standards.

Key Provisions

The primary operative sections of this regulation pertain to changes in fees for officers' services in relation to exports of canned and frozen fruits. Specifically, Regulation 27 of the Exports (Canned and Frozen Fruits) Regulations is amended. The amendments affect the fees charged for services rendered by officers on ordinary working days, Sundays, and holidays. For instance, the fee for services rendered on ordinary working days has been increased from $1.40 to $2.50, while a new fee of $3.15 is introduced for each quarter-hour or part of a quarter-hour during which services are rendered on a holiday. Additionally, fees for services rendered on Sundays have been updated from $1.05 to $1.90. These changes are outlined in sub-regulation (1) of Regulation 27, which has been modified through the omission and substitution of specific fee amounts and the insertion of a new fee structure for holiday services. The obligations and requirements imposed by this regulation primarily concern the payment of fees for officers' services related to the export of canned and frozen fruits. Any party involved in the export process must ensure compliance with the updated fee structure. This includes accurately calculating and paying the revised fees for services rendered on ordinary working days, Sundays, and holidays as stipulated in the amended Regulation 27. The regulation aims to ensure that all parties are aware of and adhere to the new fee rates, thereby maintaining transparency and consistency in the payment process for these services. In terms of the potential consequences for breach, the regulation itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the updated fees. However, it is important to note that failure to comply with regulatory requirements in the context of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 could result in broader legal ramifications. This may include penalties under those Acts, such as fines or other enforcement actions, which could be substantial depending on the nature and extent of the non-compliance. The exact penalties would be determined in accordance with the provisions of the primary Acts and any relevant case law or administrative guidelines.