Exports (Canned Fruits) Regulations (Amendment)

Overview

Statutory Rules 1950 No. 40, enacted by the Governor-General in Council under the authority of the Customs Act 1901–1949 and the Commerce (Trade Descriptions) Act 1905–1933, was introduced to address the need for updated fee structures for services rendered to exporters by officers in relation to canned fruit exports. This legislative instrument aimed to modernise and clarify the payment obligations for exporters who require the services of officers outside of normal working hours or on public holidays. The regulation specifies a fee of eight shillings per hour for such services, ensuring that there is a transparent and consistent charge for these additional services. This legislative action underscores the importance of maintaining clear and equitable financial arrangements within the regulatory framework governing exports in Australia.

Scope and Application

The Statutory Rules 1950 No. 40, enacted under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, specifically address the regulation of fees for officers' services related to the Exports (Canned Fruits) Regulations. This regulation applies to exporters who require the services of officers to comply with the provisions of the Exports (Canned Fruits) Regulations, whether during official hours, on weekends, or public holidays. The amendment made to Regulation 28 sets a fee of eight shillings per hour or part of an hour for these services, with the definition of "holiday" encompassing any day observed as a public holiday under the Commonwealth Public Service Act 1922-1948. The regulation is applicable across the Commonwealth of Australia, impacting exporters and officers involved in the export process of canned fruits. There are no specific exclusions or exemptions mentioned in this statutory rule, but the fees are contingent on the services requested and the time at which they are provided. This regulation ensures a structured financial arrangement for services rendered outside regular working hours and on holidays.

Key Provisions

The Statutory Rules of 1950, No. 40, under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, primarily amend the Exports (Canned Fruits) Regulations. Regulation 28 is specifically modified to address the fees for officers’ services (Reg. 28(1)). Under the amendment, if an exporter requests the services of an officer for the purposes of these regulations, whether during official hours, after hours, on a Sunday, or on a holiday, they must be charged a fee of eight shillings per hour or part of an hour, unless an exception applies as per sub-regulation (3) (Reg. 28(1)). Additionally, the term "holiday" is defined to include any day observed as a holiday in the Public Service of the Commonwealth under section 76 of the Commonwealth Public Service Act 1922-1948 (Reg. 28(4)). Entities and parties governed by these regulations must adhere to the newly stipulated fees for the services provided by officers. Exporters, in particular, must be prepared to pay the specified hourly rate for any services rendered outside standard working hours or on holidays. This ensures that the financial implications of such services are transparent and accounted for in the regulatory framework. Failure to comply with the stipulated fees or misuse of officer services might result in breaches of the regulation. While the specific consequences of such breaches are not detailed in the provided text, under the general legislative framework, non-compliance could lead to civil or criminal penalties. The maximum penalties for breaches of regulations under the Customs Act and the Commerce (Trade Descriptions) Act can vary but may include fines or other legal actions. The precise penalties would depend on the nature and severity of the breach, as well as any additional provisions or subsequent amendments to the law.