STATUTORY RULES
1966 No. 50
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 (Fresh Vegetables) Regulations†
Commencement.
1. These Regulations shall come into operation on the fourteenth day of February, One thousand nine hundred and sixty-six.
2. Regulation 28 of the Exports (Fresh Vegetables) Regulations is repealed and the following regulation inserted in its stead:—
Fees for officer’s services.
“28.—(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 1950, No. 53, as amended by Statutory Rules 1951, No. 128, 1952, No. 110; 1954, Nos. 10 and 48; 1955, No. 13; 1956, Nos. 11 and 122; 1957, No, 32; 1959, No. 12; 1960, No. 39; and 1963, No. 141.
16347/65.—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. 50, titled "Regulations Under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950," was enacted to provide amendments to the Exports (Fresh Vegetables) Regulations. These Regulations were introduced to address the need for updated fee structures for services rendered by officers outside of official hours or on weekends and holidays. The Regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of these Regulations is to ensure that there is a clear and fair fee structure for the services provided by officers, which aligns with the operational requirements of the Customs and Trade Descriptions Acts. This update reflects a shift towards more precise charging mechanisms to accommodate the demands of modern trade practices.
Scope and Application
The Statutory Rules 1966 No. 50, made under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, provide regulations primarily affecting the export of fresh vegetables, altering the fees for officer services provided by customs officers outside of official hours or on weekends and holidays. These regulations apply to any person or entity requiring the services of a customs officer for the purposes of exporting fresh vegetables, and they specify the charges for such services, distinguishing between standard hours and non-standard times, including weekends and holidays. The regulations are of national reach, as they are enacted under federal authority, and are applicable across Australia, affecting the operations of businesses engaged in the export of fresh vegetables. The amendments replace previous fees outlined in Regulation 28 of the Exports (Fresh Vegetables) Regulations, setting forth the new fee structure as per the new regulation. This legislative instrument does not provide for any exclusions, exemptions, or thresholds beyond what is specified in the regulation itself, and does not extend or restrict application through subordinate instruments in this particular instance.
Key Provisions
The Statutory Rules 1966 No. 50 outlines specific regulations under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, particularly focusing on amendments to the Exports (Fresh Vegetables) Regulations. The regulations come into operation on 14 February 1966 (section 1). One of the significant changes is the repeal of Regulation 28, which is replaced by a new regulation concerning fees for officers' services (section 2). The new regulation 28 (section 2) stipulates that if an individual requests an officer's services outside of normal working hours or on a weekend or holiday, they must pay a fee of $3 per hour for Sunday services and $2.25 per hour for services on a Saturday, holiday, or outside regular working hours. This fee includes the time taken by the officer to travel to and from the requested location (section 28(2)). Furthermore, the regulation allows for the Minister to set a different rate if the officer needs to travel away from their usual station (section 28(3)).
These regulations impose specific obligations on those who request officers' services outside of normal hours or on weekends and holidays. The primary obligation is the payment of the stipulated fees as per the regulation. It is also essential for the individuals making the request to be aware of the definition of 'holiday' as per section 76 of the Public Service Act 1922-1964 and the definition of 'officer' as per section 4 of the Customs Act 1901-1965 (section 28(4)). Failure to comply with these payment requirements could lead to various consequences as outlined in the legislation.
For any breach of the provisions regarding fees for officers' services, the legislation does not explicitly state any specific penalties or consequences. However, the failure to comply with the regulations might lead to administrative or legal consequences under the respective Acts. The primary focus of the regulation seems to be on ensuring that those who request additional services are charged appropriately, thereby maintaining the financial integrity of the services provided by the officers.