Exports (Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1966 No. 46, enacted by the Australian Government, amends the Exports (Dairy Produce) Regulations under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950. This legislative instrument addresses the need to update and refine the fees associated with officers' services provided for the purposes of these regulations, particularly when these services are rendered outside of regular working hours or on weekends and holidays. The policy objective is to ensure that the services provided are fairly compensated, reflecting the additional costs and inconvenience associated with providing services outside standard hours. The regulations were made by the Governor-General, acting on advice from the Federal Executive Council, and came into effect on the fourteenth day of February, 1966.

Scope and Application

The Statutory Rules 1966 No. 46, which were made under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, primarily amend the Exports (Dairy Produce) Regulations. These regulations apply to individuals or entities that engage in the export of dairy produce, specifically adjusting the fees charged for officer services provided by customs officials. The regulation outlines a fee structure for services rendered outside official hours or on weekends and holidays, with a higher rate on Sundays and lower rates on other non-official hours and public holidays. These fees cover the time spent by officers in traveling to and from the location where their services are needed. Additionally, the Minister has the authority to set rates for officers who are required to travel from their regular station. These regulations are applicable nationally across Australia and provide a clear framework for the additional costs associated with accessing customs officer services outside standard operating hours.

Key Provisions

The Regulations under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, specifically the Exports (Dairy Produce) Regulations, outline several key provisions. Most notably, Regulation 31(1) stipulates that any person requesting the services of an officer outside of official hours or on a weekend or holiday must pay a fee. The fee is $3 per hour if the service is provided on a Sunday and $2.25 per hour if it is provided before or after official hours, on a Saturday, or on a holiday (Reg. 31(1)(a) and (b)). The fee also includes the time taken for the officer to travel to and from the location where their services are required (Reg. 31(2)). Additionally, if an officer is required to travel from their usual station, the rate of charge is determined by the Minister (Reg. 31(3)). These provisions aim to ensure that the availability of officers for services outside normal working hours is compensated appropriately. These Regulations impose specific obligations on individuals or entities requesting the services of an officer outside of normal working hours. The primary obligation is financial, requiring the person to pay the prescribed fees for the officer's services (Reg. 31(1)). This fee structure is designed to cover the additional costs associated with providing services outside of regular working hours or on public holidays, ensuring that officers are fairly compensated for their time. Furthermore, the definition of "holiday" under Regulation 31(4) clarifies that it refers to days recognised as holidays under section 76 of the Public Service Act 1922-1964 at the location where the officer's attendance is required. These obligations are clear and ensure that the services of officers are compensated in a fair and transparent manner. Failure to comply with these Regulations could result in various consequences. Although the specific penalties for non-compliance are not detailed in the provided text, it can be inferred that breaches of these financial obligations could lead to enforcement actions. Such actions might include fines or other penalties as prescribed by the relevant Acts. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions or amendments that may apply. The regulations are designed to ensure that all parties adhere to the stipulated fees, thus maintaining the integrity and functionality of the service provision framework.