STATUTORY RULES
1966 No. 48
REGULATIONS UNDER THE CUSTOMS ACT 1901-1965 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this tenth day of February, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.
Amendment of the Exports (Fish) Regulations†
Commencement.
1. These Regulations shall come into operation on the fourteenth day of February, One thousand nine hundred and sixty-six.
2. Regulation 36 of the Exports (Fish) Regulations is repealed and the following regulation is inserted in its stead:—
Fees for officer’s services.
“36.—(1.) Whenever, at the request of a person, the services of an officer are made available to the person for the purposes of these Regulations before or after the official hours or on a Saturday, Sunday or holiday, the person shall, subject -to sub-regulation (3.) of this regulation, be charged for those services—
(a) where the services are made available on a Sunday—a fee of Three dollars per hour or part of an hour; or
(b) where the services are made available before or after the official hours or on a Saturday or holiday—a fee of Two dollars and twenty-five cents per hour or part of an hour.
“(2.) The time in respect of which the fee is charged includes the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required.
“(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
* Notified in the Commonwealth Gazette on 11 February, 1966.
† Statutory Rules 1949, No. 54 as amended by Statutory Rules 1950, No. 38; 1951, Nos. 48 and 127; 1952, No. 105; 1954, No. 43; 1955, No. 51; 1956, Nos. 8, 44 and 121; 1959, No. 77; 1960, No. 37; 1964, No. 105; and 1965, No. 92.
16344/65.—Price 6d. (5c) 10/18.1.1966
“(4.) In this regulation—
‘holiday’ in relation to the services of an officer on a day, means a day observed, at the place at which the attendance of the officer is required, as a holiday under section 76 of the Public Service Act 1922-1964;
‘officer’ has the same meaning as in section 4 of the Customs Act 1901-1965.”.
By Authority: A. J. Arthur, Commonwealth Government Printer. Canberra.
Overview
The Statutory Rules 1966 No. 48, enacted under the authority of the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, addresses the need for updated regulations regarding fees for officer services in the context of fish exports. This legislative instrument was issued by the Governor-General on the advice of the Federal Executive Council, reflecting the intent to streamline and formalise the financial obligations associated with the provision of customs officer services outside of regular working hours or on holidays. The primary policy objective of these regulations is to ensure that the costs associated with such services are fairly allocated, thereby providing a clear framework for both service providers and recipients.
Scope and Application
The Statutory Rules 1966 No. 48, made under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, pertain to amendments of the Exports (Fish) Regulations. These Regulations apply to individuals and entities involved in the export of fish, specifically addressing the fees charged for the services of officers who attend to such exports outside of official hours or on weekends and holidays. The scope of these Regulations is confined to the Commonwealth of Australia and is enforced by the Minister of State for Primary Industry and the Minister of State for Customs and Excise. Notably, the Regulations set forth a fee structure for officer services rendered beyond standard working hours or on weekends and holidays, with rates varying based on the day of service. The fees cover not only the time spent attending to the request but also the travel time of the officer. These Regulations came into effect on 14 February 1966, replacing a previous regulation, and are subject to further modifications by the Minister if an officer's services require travel away from their usual station.
Key Provisions
The primary operative section of this legislative instrument, Regulation 36, sets out the fees that must be paid for the services of an officer under the Exports (Fish) Regulations, specifically when those services are provided outside of normal working hours or on a public holiday (Regulation 36(1)). This includes both travel time to and from the location where the officer is required to provide their services (Regulation 36(2)). The fee for services provided on a Sunday is $3 per hour, while the fee for services provided on a Saturday, before or after normal working hours, or on any public holiday is $2.25 per hour (Regulation 36(1)(a)-(b)). Additionally, if an officer is required to travel from their regular station to provide these services, the Minister has the authority to set the rate of charge (Regulation 36(3)). The term 'holiday' is defined as any day that is observed as a public holiday at the location where the officer’s services are required, in accordance with section 76 of the Public Service Act 1922-1965 (Regulation 36(4)).
Under this Act, individuals or entities that require the services of an officer under the Exports (Fish) Regulations must adhere to the specified fee structure when these services are provided outside of normal working hours or on a public holiday. This includes being prepared to pay the appropriate fee for the officer’s time, including any travel time, and understanding that the fee may be subject to adjustment if the officer must travel from their regular station. Compliance with these fee provisions is essential for ensuring that the services of officers are appropriately compensated when provided under these circumstances.
Failure to comply with the fee requirements set out in these Regulations could result in a breach of the legislative instrument. While specific offences, penalties, or consequences for non-compliance are not detailed within the provided excerpt, it is reasonable to infer that any failure to adhere to these provisions could be subject to the general enforcement mechanisms available under the parent Acts, the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950. This may include administrative action, fines, or other civil or criminal penalties as determined by the relevant authorities. The exact nature and severity of these consequences would be governed by the broader legal framework within which these Regulations operate.