Exports (Fish) Regulations (Amendment)

Overview

Statutory Rules 1972 No. 0009 was enacted in 1972 under the authority of the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966 to address issues related to the regulation of fish exports and the fees associated with officers' services. This legislative instrument was introduced by the Governor-General, Paul Hasluck, acting on the advice of the Federal Executive Council. The regulation was designed to provide a structured fee schedule for officers' services in accordance with the specified conditions and time frames, thereby ensuring a fair and transparent process for those requiring such services. The policy objective behind these amendments was to streamline and standardise the fee structure for officers' services, making it more predictable and accessible for the public.

Scope and Application

This legislative instrument, made under the authority of the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, pertains specifically to the Exports (Fish) Regulations. It primarily affects individuals and entities engaged in the export of fish, who may require the services of officers for compliance with these regulations. The geographic reach of this regulation is nationwide, as it applies across the Commonwealth of Australia. The regulation outlines specific fee structures for officer services rendered under the Exports (Fish) Regulations, detailing charges based on the time and day the services are provided. Notably, it introduces variations in fees for services rendered during different times of the day and on different days of the week, aiming to standardise the cost structure for such services. There are no exclusions or exemptions explicitly stated within this particular regulation, and it operates as a standalone instrument without reference to subordinate legislation extending or restricting its application.

Key Provisions

The main operative sections of this Statutory Rule relate to the fees charged for the services of officers under the Exports (Fish) Regulations. Regulation 36 outlines the fees for services rendered on different days and at different times. Specifically, section (1) sets out the fees for services provided on weekdays outside of business hours (before 7 am or after 10 pm) and on weekends or public holidays at a rate of $1.35 per quarter-hour or part thereof. For services rendered on weekdays between 5 pm and 10 pm, the rate is $1 per quarter-hour or part thereof. For services rendered on weekdays between 7 am and 5 pm for more than eight hours, the rate is again $1 per quarter-hour or part thereof after the first eight hours. The definition of 'week day' in section (4) is also clarified to include Monday through Friday, excluding public holidays. Under these provisions, any person requesting the services of an officer under the Exports (Fish) Regulations must pay the specified fees based on the time and day the services are rendered. This includes ensuring that the correct fee is charged whether the service is provided on a weekday outside of business hours, during business hours on a weekday, or on a weekend or public holiday. The definition of 'week day' helps to clarify which days are considered weekdays for the purposes of these regulations. Breaches of these provisions could result in civil or criminal consequences, depending on the nature and intent of the breach. For instance, if an officer fails to charge the correct fee, or if a person knowingly underpays for the services rendered, this could potentially lead to legal action. The specific penalties for such breaches are not detailed in the Statutory Rule but would likely be determined under the applicable acts, which may include fines or other legal repercussions. The maximum penalties, if applicable, would depend on the severity of the breach and the discretion of the court.