Statutory Rules
1977 No. 256
REGULATION UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*
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 sixteenth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
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) REGULATIONS†
Fees for officers’ services
Regulation 31 of the Exports (Dairy Produce) Regulations is amended—
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“ (1) Subject to sub-regulation (3), where, at the request of a person, the services of an officer are made available to the person for the purposes of these Regulations, the person shall be charged—
(a) in respect of services rendered on a Saturday or Sunday—a fee of $2.50 for each quarter-hour or part of a quarter-hour during which the services are so rendered;
* Notified in the Commonwealth of Australia Gazette on 21 December 1977.
† 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; and 1976, No. 122.
(b) in respect of services rendered on a week day either before the hour of 7 o’clock in the morning or after the hour of 5 o’clock in the evening of that day—a fee of $1.90 for each quarter-hour during which the services are so rendered;
(c) in respect of services rendered on a week day after the hour of 7 o’clock in the morning and before the hour of 5 o’clock in the afternoon of that day, being services so rendered for more than 8 hours—a fee of $1.90 for each quarter-hour or part of a quarter-hour during which the services are so rendered after the services have been so rendered for 8 hours; or
(d) in respect of services rendered on a holiday—a fee of $3.15 for each quarter-hour or part of a quarter-hour during which the services are so rendered.”;
(b) by omitting sub-regulation (2) and substituting the following sub-regulation:
“ (2) In calculating the fee to be charged a person under sub-regulation (1) in respect of the services of an officer made available to him, the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required shall be treated as time during which the services are rendered.”; and
(c) by adding at the end of sub-regulation (4) the following definition:
“ ‘ week day ’, in relation to the services of an officer on a day, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday.”.
Overview
Statutory Rules 1977 No. 256, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to address the need for updated fee structures for officers' services concerning dairy exports. This legislative instrument was introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The objective of the regulation was to revise the fees for services provided by officers on various days and times, ensuring the charges accurately reflected the time and effort required, particularly during non-standard hours and holidays. The regulation aimed to maintain fair and transparent practices in the export of dairy produce while ensuring the efficient administration of the relevant Acts.
Scope and Application
The Statutory Rules 1977 No. 256, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, pertain to amendments of the Exports (Dairy Produce) Regulations. These regulations apply to individuals and entities engaged in the export of dairy produce, ensuring compliance with the specified standards and fees for services rendered by officers. The amendment particularly affects those requesting services from officers on weekends or holidays, with fees structured according to the time of service and day of the week. The geographic reach of this regulation is national, impacting all exporters of dairy produce within Australia. The regulation does not specify any exclusions or exemptions, and the fees outlined apply uniformly across the country. Any further specifications or modifications to these regulations could be made through subordinate instruments, potentially extending or restricting their application as needed.
Key Provisions
The main operative sections of this legislative instrument (Statutory Rules 1977 No. 256) pertain to the amendment of Regulation 31 of the Exports (Dairy Produce) Regulations. Regulation 31, as amended, specifies the fees for the services of officers involved in the export of dairy produce. Sub-regulation (1) sets out the fee structure based on the time and day of the week the services are rendered (Section 31(1)). Sub-regulation (2) clarifies that any time an officer spends travelling to and from the location where their services are required is also included in the fee calculation (Section 31(2)). Furthermore, sub-regulation (4) now includes a definition of 'week day' as being any day from Monday to Friday that is not a public holiday (Section 31(4)).
Under this Act, any person requesting the services of an officer for the purposes of the Exports (Dairy Produce) Regulations must adhere to the fee structure outlined in Regulation 31. The fee varies depending on whether the service is rendered on a weekend, public holiday, or on a weekday, and whether the service exceeds 8 hours on a weekday. Additionally, any travel time by the officer to and from the service location is also included in the fee calculation. These obligations ensure that all parties are aware of the costs associated with utilising the services of officers for dairy produce exports and provide a clear framework for fee calculation.
Failure to comply with the provisions of this legislative instrument could potentially lead to disputes over the fees charged, or misunderstandings about the scope of the services provided and the associated costs. However, the Act does not explicitly state any criminal or civil penalties for non-compliance. It is likely that any disputes or breaches of the fee structure would be resolved through administrative or civil means, such as through a review by the relevant regulatory body or through the courts. The maximum penalties, if any, would depend on the specific nature of the breach and the jurisdiction in which the dispute is being resolved.