Exports (Dairy Produce) Regulations (Amendment)

Overview

Statutory Rules 1950, No. 37 was enacted by the Governor-General of Australia, acting on advice from the Federal Executive Council, under the authority of the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933. This legislative instrument aimed to address the need for updated fees for officers' services provided to exporters of dairy produce, particularly in scenarios involving requests for services outside regular hours or on holidays. The primary policy objective behind this regulation was to establish a clear and fair fee structure for such services, ensuring that the costs associated with these additional services were adequately covered and transparent. By amending the Exports (Dairy Produce) Regulations, the legislation sought to provide clarity and consistency in the application of fees for officers’ services, thereby supporting the efficient administration of export regulations concerning dairy produce.

Scope and Application

The Statutory Rules 1950, No. 37, which are regulations under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, establish amendments to the Exports (Dairy Produce) Regulations, specifically addressing the fees for officers’ services. These regulations apply to exporters who seek the services of officers for the purposes of the Exports (Dairy Produce) Regulations, particularly in relation to the export of dairy produce. The application is primarily within the Commonwealth jurisdiction, affecting those who export dairy products from Australia. The regulations set a fee of eight shillings per hour or part of an hour for the services rendered by officers before or after official hours, on Sundays, or on public holidays, unless exempted under sub-regulation (3). Additionally, if an officer is required to travel away from their ordinary station, the rate of charge is determined by the Minister. The regulations define "holiday" as any day recognised as a public holiday under the Commonwealth Public Service Act 1922-1948. The scope of these regulations is limited to the specified amendments and does not extend to other areas unless further defined by subordinate instruments.

Key Provisions

The Statutory Rules 1950, No. 37, made under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, specifically amend the Exports (Dairy Produce) Regulations. These amendments pertain to the fees charged for officers' services related to the regulations (Regulation 31). According to the new sub-regulation (1.), exporters must pay a fee of eight shillings per hour or part of an hour whenever an officer’s services are requested for purposes related to these Regulations, either before or after official hours or on any Sunday or holiday, except as provided in sub-regulation (3.). Additionally, sub-regulation (3.) specifies that if an officer must travel to perform duties away from their ordinary station, the fee for their services will be set by the Minister. Sub-regulation (4.) clarifies that 'holiday' refers to any day recognized as a holiday in the Public Service of the Commonwealth under section 76 of the Commonwealth Public Service Act 1922-1948. These provisions impose certain financial obligations on exporters who require the services of officers outside of normal working hours or on holidays. Exporter must be prepared to pay the stipulated fee for these services unless exempted under sub-regulation (3.). The regulation also mandates that the Minister sets the rate for officers’ services when they are required to travel to perform duties away from their ordinary station. Failure to comply with the fee requirements outlined in the regulation may result in civil or administrative consequences, though the specific penalties or enforcement mechanisms are not detailed within the text of the regulation itself. The regulation primarily focuses on establishing clear guidelines for fee structures rather than explicitly detailing penalties for non-compliance.