Exports (Dried Fruits) Regulations (Amendment)

Overview

The Statutory Rules 1950 No. 00061, made under the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, were enacted to amend the Exports (Dried Fruits) Regulations, specifically addressing the fees for officers' services provided to exporters. This legislation was introduced to address the need for a more defined fee structure for services rendered by officers outside of standard working hours or on holidays, ensuring transparency and fairness in the service charges. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council, to formalise the fee adjustment and clarify the definition of "holiday" for the purposes of these Regulations. The policy objective of this amendment is to maintain an orderly and efficient export process by setting clear guidelines on service fees for exporters.

Scope and Application

This legislative instrument pertains to the regulation of fees for officers’ services provided under the Exports (Dried Fruits) Regulations, amending specific provisions of these regulations. The act applies to exporters who request the services of officers, either before or after official hours, or on any Sunday or holiday, necessitating the payment of a fee for these services. The fee is set at eight shillings per hour or part of an hour, except as provided under sub-regulation (3), and includes a definition of 'holiday' as any day recognised as a holiday within the Public Service of the Commonwealth under section 76 of the Commonwealth Public Service Act 1922-1948. This regulation operates within the scope of the Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933, thereby extending its application across the Commonwealth of Australia. There are no specific exclusions or thresholds noted in the provided text, and the regulation does not indicate any reliance on subordinate instruments to extend or restrict its application.

Key Provisions

The key provision of this regulation, specifically Regulation 32, pertains to the fees charged to exporters for the services of officers under the Exports (Dried Fruits) Regulations (sub-regulation (1)). It mandates that exporters are to be charged a fee of eight shillings per hour or part of an hour for officer services rendered outside of official hours or on any Sunday or holiday, unless an exception applies under sub-regulation (3). Additionally, it clarifies that 'holiday' includes any day recognised as a holiday within the Commonwealth Public Service, as defined by section 76 of the Commonwealth Public Service Act 1922-1948 (sub-regulation (4)). These regulations impose specific financial obligations on exporters who utilise the services of officers for their dried fruit exports outside of normal working hours or on holidays. They are required to pay the stated fee of eight shillings per hour or part of an hour, thereby ensuring a transparent and formalised process for accessing these services outside of standard operational times. The definition of 'holiday' further ensures consistency in the application of fees by aligning it with public service holidays. Failure to comply with these financial obligations could result in penalties, although the specific consequences are not detailed in the text provided. Generally, breaches of such regulations might lead to fines or other administrative actions as prescribed by the relevant Acts, Customs Act 1901-1949 and the Commerce (Trade Descriptions) Act 1905-1933. However, the exact penalties are not specified within this legislative instrument. It is advisable to consult the primary Acts or seek further clarification on enforcement mechanisms and associated penalties.