Exports (Canned and Frozen Fruits) Regulations (Amendment)

Overview

Statutory Rules 1966 No. 45, made under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, was enacted to address the need for updated regulations concerning fees for officer services related to exports of canned and frozen fruits. This legislative instrument was created by the Governor-General in accordance with the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that individuals making requests for officer services outside of regular working hours or on weekends and public holidays are appropriately charged for these services, thereby maintaining the efficiency and financial sustainability of the customs and trade regulatory framework. These regulations, which came into effect on 14 February 1966, specifically amend the Exports (Canned and Frozen Fruits) Regulations by introducing a tiered fee structure, with higher charges applicable for services rendered on Sundays and public holidays, and lower charges for services provided before or after official hours or on Saturdays. The fees cover the time taken for the officer to travel to and from the service location, as well as the time spent on the service itself. This adjustment aims to reflect the additional costs associated with providing services outside of standard operating hours.

Scope and Application

The Statutory Rules 1966 No. 45, made under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, pertain specifically to the regulation of fees for officer services provided in relation to the Exports (Canned and Frozen Fruits) Regulations. These Regulations apply to individuals or entities that require the services of an officer to comply with the specific regulations governing the export of canned and frozen fruits, and are enforced within the Commonwealth of Australia. The Regulations establish a fee structure for the services rendered by officers outside of official hours or on weekends and public holidays, with specific rates set at three dollars per hour on Sundays, and two dollars and twenty-five cents per hour on Saturdays, holidays, or outside of official hours. The fees also include the time taken by the officer to travel to and from the location where their services are required. The application of these fees extends to any person who requests the services of an officer under the specified conditions, subject to certain exclusions or variations determined by the Minister. This legislative instrument is effective as of the fourteenth day of February, 1966, and supersedes previous regulations concerning the same matter.

Key Provisions

The main provisions of these Regulations, as outlined in section 2, pertain to the fees charged for the services of officers under the Exports (Canned and Frozen Fruits) Regulations. Specifically, section 27 is amended to establish new fee structures. Under subsection (1), a fee of three dollars per hour or part of an hour is to be charged for services provided on a Sunday. For services rendered before or after official hours or on a Saturday or a holiday, the fee is set at two dollars and twenty-five cents per hour or part of an hour. Subsection (2) further clarifies that the charged time includes any reasonable time spent by the officer in travelling to and from the location where their services are required. The definition of 'holiday' in subsection (4) aligns with the interpretation provided in section 76 of the Public Service Act 1922-1964. These Regulations impose specific obligations on individuals or entities that request the services of officers under the Exports (Canned and Frozen Fruits) Regulations. Firstly, those who request the services of an officer outside of regular working hours or on weekends and holidays must be prepared to pay the prescribed fees as outlined in section 27. These fees are intended to compensate officers for their time and travel, ensuring that such services are available when needed, albeit at an additional cost. Furthermore, the Regulations require that the time for which the fee is charged includes any reasonable travel time, thereby ensuring transparency and fairness in billing. In terms of enforcement and consequences, these Regulations do not explicitly detail specific offences, penalties, or legal consequences for non-compliance. However, the imposition of fees for services rendered outside of normal working hours or on holidays suggests that failure to pay these fees could lead to disputes or potential legal action. Although the document does not explicitly outline maximum penalties, it is likely that any breaches of payment obligations could result in civil litigation or administrative penalties, as prescribed by the relevant Acts or other applicable laws. The primary focus of these Regulations appears to be on establishing a clear fee structure rather than detailing punitive measures for non-compliance.