Statutory Rules
1980 No. 122
REGULATION UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 19051
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this twenty-second day of May 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry
and for and on behalf of the
Minister of State for Business
and Consumer Affairs
Amendments of the Exports (Dairy Produce) Regulations2
Fees for officers’ services
Regulation 31 of the Exports (Dairy Produce) Regulations is amended —
(a) by omitting from paragraph (a) of sub-regulation (1) “$2.50” and substituting “$3.20”;
(b) by omitting from paragraph (b) of sub-regulation (1) “$1.90” and substituting “$2.35”;
(c) by omitting from paragraph (c) of sub-regulation (1) “$1.90” and substituting “$2.35”; and
(d) by omitting from paragraph (d) of sub-regulation (1) “$3.15” and substituting “$3.90”.
Notes
1. Notified in the Commonwealth of Australia Gazette on 30 May 1980.
2. Statutory Rules 1962 No. 36 as amended by Statutory Rules 1963 No. 137; 1965 Nos. 45 and 54; 1966 No. 46; 1969 No. 30; 1974 No. 219; 1976 No. 122; 1977 No. 256; 1978 Nos. 45 and 283.
Overview
The Statutory Rules 1980 No. 122, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, were introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations specifically amend the Exports (Dairy Produce) Regulations, updating the fees for officers’ services involved in the dairy export process. The enactment of these regulations addresses the need to adjust the fees to reflect changes in the economic environment and operational costs since the original regulations were established. The intention behind these amendments is to ensure that the fees charged remain commensurate with the services provided, thereby maintaining an effective regulatory framework for the dairy export industry. This regulatory update underscores the commitment to adapting to economic realities while upholding the integrity of trade practices.
Scope and Application
The Statutory Rules 1980 No. 122, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, amends the Exports (Dairy Produce) Regulations by adjusting the fees for officers' services. This legislative instrument applies to the exportation of dairy produce, thereby affecting entities and individuals engaged in the dairy industry, specifically those involved in the exportation of such products. The regulation pertains to the Commonwealth of Australia and is a federal instrument, thus its application extends across all states and territories within the nation. There are no stated exclusions or exemptions within the regulation itself; however, the application of the amended fees may vary depending on the specifics of the export transactions. The regulation also provides for potential further adjustments or extensions of its application through subordinate instruments, allowing for updates to fees or other relevant aspects as necessary.
Key Provisions
The legislative instrument, Statutory Rules 1980 No. 122, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, amends the Exports (Dairy Produce) Regulations. Specifically, section 3 of the instrument revises the fees charged for officers' services as outlined in Regulation 31. The changes include increasing the fee for each specified service, replacing the previous rates with new amounts.
Under the amended Regulation 31, sub-regulation (1), the fees are updated as follows: the fee for services previously charged at $2.50 is now $3.20; the fee previously at $1.90 is now $2.35 for two separate services; and the fee previously at $3.15 is now $3.90. These amendments reflect adjustments to the costs associated with the services provided by officers, ensuring that the fees align with current economic conditions and operational costs.
The obligations imposed by these amendments require all parties involved in the export of dairy produce to adhere to the new fee structure. This means that exporters must be aware of and comply with the updated charges when seeking the relevant services from officers. Non-compliance with these new fee rates could result in disputes or legal challenges regarding the charges applied.
In terms of potential consequences, there are no specific offences or penalties outlined in the text for failing to comply with the new fee structure. However, any disputes arising from non-compliance could potentially lead to civil litigation, where the aggrieved party might seek redress for any perceived discrepancies in the fees charged. Additionally, persistent non-compliance or disputes could draw the attention of regulatory authorities, who might investigate further to ensure compliance with the legislative requirements.