Exports (Canned and Frozen Fruits) Regulations (Amendment)

Overview

Statutory Rules 1974 No. 231, made under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973, was enacted to amend the Exports (Canned and Frozen Fruits) Regulations with respect to fees for officers’ services. This legislative instrument was introduced to address discrepancies and inefficiencies in the charging of fees for services rendered by officers during various times of the week. The regulation was made by the Governor-General, John R. Kerr, on the advice of the Executive Council and signed by the Minister of State for Agriculture and Customs and Excise, K. S. Wriedt, on 4 December 1974. The policy objective of this regulation was to standardise and clarify the fee structure for officer services, ensuring a fair and consistent approach to the charges levied for these services, thereby improving the efficiency of the regulatory process.

Scope and Application

This legislative instrument, made under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973, pertains to amendments in the Exports (Canned and Frozen Fruits) Regulations concerning fees for officers' services. It applies to individuals or entities that request the services of an officer for the purposes of these Regulations, including exporters of canned and frozen fruits who might require the assistance of an officer to ensure compliance with the relevant export standards. The application of this regulation is national, as it operates under the authority of Commonwealth legislation, extending across all states and territories in Australia. There are no specific exclusions or exemptions mentioned in the provided text, but the regulation does specify conditions under which fees are charged, including the time of day and day of the week that the services are rendered. Additionally, the regulation may be further extended or restricted through subordinate instruments, which could specify additional details or conditions for the application of these fees.

Key Provisions

The main operative sections of the Statutory Rules 1974 No. 231 focus on amending the fees for officers' services under the Exports (Canned and Frozen Fruits) Regulations (regulation 27). Regulation 27(1) outlines the fee structure for services rendered by an officer at the request of a person. Specifically, if services are requested during off-hours—either before 7 am or after 10 pm on a weekday, or any time on a Saturday, Sunday, or public holiday—the fee is set at $1.40 for each quarter-hour or part thereof. For services requested during evening hours on a weekday (between 5 pm and 10 pm), the fee is $1.05 per quarter-hour. For weekday services between 7 am and 5 pm, the fee is also $1.05 per quarter-hour, but only after the first eight hours of service have been rendered. Regulation 27(2) clarifies that any time taken by the officer to travel to and from the location where their services are required is considered part of the service time for fee calculation purposes. Additionally, the regulation defines a "week day" (regulation 27(4)) as any day from Monday to Friday that is not a public holiday. The obligations imposed by the Act on the parties or entities it governs include paying the specified fees for the services of officers as outlined in regulation 27. For instance, if an individual or entity requests the services of an officer for activities related to the Exports (Canned and Frozen Fruits) Regulations, they must adhere to the fee structure. This means accurately calculating the fees based on the time and day of service and ensuring timely payment. The regulation also requires that any travel time for the officer to reach the service location and return is factored into the total time for which fees are charged. The Statutory Rules 1974 No. 231 do not explicitly mention any specific offences, penalties, or civil or criminal consequences for breaches. However, under the general principles of Australian administrative law, failure to comply with regulatory requirements can lead to enforcement actions by the relevant authorities. Typically, breaches of regulatory fees or obligations might result in penalties such as fines or other administrative sanctions. The exact penalties would depend on the specific provisions of the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973, and any relevant case law or subsequent legislation. It is advisable for parties governed by these regulations to ensure strict compliance to avoid potential enforcement actions.