Statutory Rules
1977 No. 250
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 (DRIED FRUITS) REGULATIONS†
Fees for officers’ services
Regulation 32 of the Exports (Dried Fruits) Regulations is amended—
(a) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (1) “ , Sunday or holiday ” and substituting “ or Sunday ”;
(b) by omitting from paragraph (a) of sub-regulation (1) “ $1.40 ” and substituting “ $2.50 ”;
(c) by inserting after paragraph (a) of sub-regulation (1) the following paragraph:
“ (aa) 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;”;
* Notified in the Commonwealth of Australia Gazette on 21 December 1977.
† Statutory Rules 1938, No. 115 as amended by Statutory Rules 1942, No. 28; 1946, No. 144; 1948, No. 30; 1950, No. 61; 1951, No. 131; 1952, No. 109; 1954, No. 44; 1956, Nos. 9 and 124; 1957, Nos. 17 and 37; 1958 No. 9; 1960, Nos. 36 and 84; No. 108; 1963, No. 138; 1964, No. 43; 1965, No. 31; 1966, Nos. 47 and 85; 1967, No. 121; 1969, No. 31; and 1974, No. 230.
(d) by omitting from paragraph (b) of sub-regulation (1) “ $1.05 ” and substituting “ $1.90 ” and
(e) by omitting from paragraph (c) of sub-regulation (1) “ $1.05 ” and substituting “ $1.90 ”.
Overview
Statutory Rules 1977 No. 250, enacted under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was introduced to amend the Exports (Dried Fruits) Regulations, specifically addressing the fees for officers' services. The regulation was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and was notified in the Commonwealth of Australia Gazette on 21 December 1977. The primary objective of these amendments was to adjust the fee structure to better reflect the costs associated with services rendered, particularly on holidays, thereby ensuring fair compensation for officers while maintaining the integrity of trade practices.
Scope and Application
The Statutory Rules 1977 No. 250, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, pertain to the amendments of the Exports (Dried Fruits) Regulations. These regulations apply to entities and individuals involved in the export of dried fruits, ensuring compliance with specified fees for services rendered by officers in connection with these exports. The regulation primarily affects those who export dried fruits, customs officers, and potentially importers in other countries who must adhere to the trade descriptions and standards set by Australian regulations. Geographically, the regulation's reach is national, as it is enacted under Commonwealth law. There are no stated exclusions or exemptions within the regulation itself, but the scope of application may be further defined through subordinate instruments. The amendment adjusts the fees for services rendered by officers, reflecting changes in the cost of providing these services, and it updates the fees to reflect current economic conditions.
Key Provisions
The primary sections of these regulations, specifically Regulation 32, address the amendment of fees charged for officers' services in connection with the exports of dried fruits (section 32(a)-(e)). The regulation modifies the fees for services rendered on normal working days, Sundays, and public holidays, with the aim of updating the fee structure to reflect current economic conditions and the value of services provided.
The amended fees for officers' services outlined in the regulations impose certain obligations on those involved in the export of dried fruits. For example, businesses or individuals exporting dried fruits must now comply with the updated fee structure, ensuring that they pay the correct fees for services rendered on weekdays, Sundays, and public holidays (section 32(a)-(c)). These obligations are designed to ensure that the fees charged are fair and reflective of the actual costs incurred by the officers providing the services.
The regulations do not explicitly state any specific offences, penalties, or consequences for non-compliance with the amended fees. However, non-compliance with regulatory fees and charges can generally lead to legal repercussions under the broader framework of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, which the regulations are made under. Such consequences may include fines, penalties, or legal action to recover the unpaid fees. The exact penalties would be determined based on the specific circumstances of non-compliance and the relevant provisions of the primary Acts.