STATUTORY RULES
1971 No. 105
REGULATION UNDER THE CUSTOMS ACT 1901-1971 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966.
Dated this nineteenth day of August, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(SGD.) IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.
Amendments of the Exports (Fish) Regulations†
Fees for officers’ services.
Regulation 36 of the Exports (Fish) Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1.) the words “Four dollars per hour or part of an hour” and inserting in their stead the words “One dollar thirty-five cents per quarter-hour or part of a quarter-hour”; and
(b) by omitting from paragraph (b) of sub-regulation (1.) the words “Three dollars per hour or part of an hour” and inserting in their stead the words “One dollar per quarter-hour or part of a quarter-hour”.
* Notified in the Commonwealth Gazette on 1971.
† 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; 1963, No. 139; 1964, No. 105; 1965, No. 92; 1966, No. 48; and 1967, No. 161.
Printed by Authority by the Government Printer of the Commonwealth of Australia
17306/71.—Price 5c 10/15.7.1971
Overview
The Statutory Rules 1971 No. 105, made under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, aims to address discrepancies in fees charged for officers' services related to fish exports. Enacted by the Governor-General, Paul Hasluck, with the advice of the Federal Executive Council, these regulations specifically amend the Exports (Fish) Regulations to adjust the hourly rates for officers' services from dollars per hour to cents per quarter-hour. This amendment seeks to standardise and rationalise the fees, thereby ensuring a more consistent and fair compensation structure for services rendered in the fish export industry.
Scope and Application
This statutory instrument, made under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, pertains specifically to the regulation of fees for officers’ services in the context of fish exports. It amends Regulation 36 of the Exports (Fish) Regulations, adjusting the rates of fees payable for the services rendered by officers involved in the export process. The revised rates are set at One dollar thirty-five cents per quarter-hour or part of a quarter-hour for certain services and One dollar per quarter-hour or part of a quarter-hour for others, replacing the previous hourly rates. This amendment applies on a Commonwealth level, impacting entities and individuals involved in the fish export industry. The changes are intended to reflect updated fee structures while maintaining the regulatory oversight necessary for ensuring compliance with export standards and practices. There are no stated exclusions or exemptions within the scope of these amendments, which directly affect all parties subject to the Exports (Fish) Regulations.
Key Provisions
The main operative sections of this legislative instrument (Statutory Rules 1971 No. 105) relate to amendments made under the Exports (Fish) Regulations (section 36). Specifically, the Regulation adjusts the fees for officers' services, modifying the hourly rates to quarter-hourly rates. In detail, Regulation 36(a) changes the rate from four dollars per hour to one dollar thirty-five cents per quarter-hour, while Regulation 36(b) alters the rate from three dollars per hour to one dollar per quarter-hour. This adjustment affects the fees charged for services rendered by officers in relation to fish exports.
The obligations and requirements imposed by this Act are primarily financial in nature. Exporters of fish now need to pay fees based on a quarter-hourly rate rather than an hourly rate. This means that any entity or individual involved in the fish export process must comply with the updated fee structure when engaging the services of customs officers. The change from an hourly to a quarter-hourly rate requires careful tracking and calculation of the time spent by officers on export-related tasks to ensure accurate billing.
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of this Regulation. However, failure to adhere to the updated fee structure could potentially lead to disputes over billing and payment. Exporters would be required to comply with the new rates to avoid such disputes. The Regulation itself does not specify maximum penalties for non-compliance, but any legal challenges or disputes would likely be addressed under the broader frameworks of the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966. These Acts provide the legal basis for enforcing compliance and addressing breaches, although specific penalties would be determined within the context of these overarching statutes.