Statutory Rules
1974 No. 228
REGULATION UNDER THE CUSTOMS ACT 1901-1974 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973.
Dated this fourth day of December, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Agriculture and for and on behalf
of the Minister of State for Customs and Excise.
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Amendments of the Exports (Fresh Vegetables) Regulations †
Fees or officers’ services.
Regulation 28 of the Exports (Fresh Vegetables) Regulations is amended—
(a) by omitting sub-regulations (1) and (2) and substituting the following sub-regulations:—
“(1) Subject to sub-regulation (3), where, at the request of a person, the services of an officer are made available to the person for the purposes of these Regulations, the person shall be charged—
(a) in respect of services rendered on a Saturday, Sunday or holiday—a fee of $1.45 for each quarter-hour or part of a quarter-hour during which the services are so rendered;
(b) in respect of services rendered on a week day either before the hour of 7 o’clock in the morning or after the hour of 5 o’clock in the evening of that day—a fee of $1.10 for each quarter-hour or part of a quarter-hour during which the services are so rendered; or
(c) in respect of services rendered on a week day after the hour of 7 o’clock in the morning and before the hour of 5 o’clock in the afternoon of that day, being services so rendered for more than eight hours—a fee of $1.10 for each quarter-hour or part of a quarter-hour during which the services are so rendered after the services have been so rendered for eight hours.
* Notified in the Australian Government Gazette on 6 December 1974.
† Statutory Rules 1950, No. 53, as amended by Statutory Rules 1951, No. 128; 1952. No. 110; 1954, Nos. 10 and 48; 1955, No. 19; 1956, Nos. 11 and 122; 1957, No. 35; 1959, No. 12; 1960, No. 39; 1963, No. 141; 1966, No. 50; 1969, Nos. 34 and 140.
“(2) In calculating the fee to be charged a person under sub-regulation (1) in respect of the services of an officer made available to him, the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required shall be treated as time during which the services are rendered.”; and
(b) by adding at the end of sub-regulation (4) the following definition:—
“‘week day’ in relation to the services of an officer on a day, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday.”.
Overview
Statutory Rules 1974 No. 228, enacted under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973, was introduced to amend the Exports (Fresh Vegetables) Regulations. The regulation, made by the Governor-General of Australia, acting on the advice of the Executive Council, sought to address the need for updated fee structures for services rendered by officers in relation to fresh vegetable exports. The policy objective appears to be to ensure that the fees charged reflect the time and conditions under which these services are provided, thereby maintaining a fair and efficient system for export-related services. This legislative instrument is an example of the Australian government's efforts to adapt and refine existing regulations to better serve the needs of industry and commerce.
Scope and Application
The regulation applies to the services provided by officers under the Exports (Fresh Vegetables) Regulations, specifically regarding the fees for the services rendered to persons at their request. It outlines the charges for officer services rendered on weekends, public holidays, and weekdays, including different rates based on the time of day. The regulation does not specify any particular industries or entities, but rather applies to any person who requests the services of an officer for the purposes of the Exports (Fresh Vegetables) Regulations. The jurisdiction and geographic reach of this regulation is national, as it is made under Commonwealth legislation, the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973. The regulation does not provide for any exclusions, exemptions, or thresholds in the text provided. The regulation may extend or restrict application through subordinate instruments, but this is not evident in the text provided.
Key Provisions
The main operative sections of this legislative instrument (Regulation 28 of the Exports (Fresh Vegetables) Regulations) pertain to the fees charged for the services of an officer for the purposes of these Regulations. Regulation 28(1) outlines the fee structure for services rendered on different days and times of the week, distinguishing between services on weekends, holidays, and weekdays, as well as before and after specific hours. Regulation 28(2) further specifies that the time reasonably occupied by the officer in proceeding to and returning from the place where their attendance is required shall be treated as time during which the services are rendered.
These provisions impose certain financial obligations on parties requesting the services of an officer under the Exports (Fresh Vegetables) Regulations. Firstly, if an officer's services are requested on a Saturday, Sunday, or holiday, the party must pay a fee of $1.45 for each quarter-hour or part of a quarter-hour during which the services are rendered. Secondly, for services requested on a weekday either before 7 o'clock in the morning or after 5 o'clock in the evening, the fee is $1.10 for each quarter-hour or part of a quarter-hour. Lastly, for services requested on a weekday between 7 o'clock in the morning and 5 o'clock in the afternoon, and for more than eight hours, the fee is also $1.10 for each quarter-hour or part of a quarter-hour after the services have been rendered for eight hours. It is also important to note that the definition of 'week day' is provided in Regulation 28(4), clarifying that it means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a holiday.
There are no explicit offences, penalties, or consequences mentioned in these provisions for breach of the stipulated fees. However, non-compliance with the payment of the specified fees could potentially lead to disputes or legal action under the general principles of contract law or other relevant legislation. It is essential for parties to adhere to the outlined fee structure to avoid any potential legal complications.