Statutory Rules
1977 No. 255
REGULATION UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.
Dated this sixteenth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf of the
Minister of State for Business and Consumer Affairs
AMENDMENTS OF THE EXPORTS (FRESH VEGETABLES) REGULATIONS†
Fees for officers’ services
Regulation 28 of the Exports (Fresh Vegetables) Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1) “ , Sunday or holiday ” and substituting “ or Sunday ”;
(b) by omitting from paragraph (a) of sub-regulation (1) “ $1.45 ” and substituting “ $2.50 ”;
(c) by inserting after paragraph (a) of sub-regulation (1) the following paragraph:
“ (aa) in respect of services rendered on a holiday—a fee of $3.15 for each quarter-hour or part of a quarter-hour during which the services are so rendered;”;
* Notified in the Commonwealth of Australia Gazette on 21 December 1977.
† 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; and 1974, No. 228.
(d) by omitting from paragraph (b) of sub-regulation (1) “ $1.10 ” and substituting “ $1.90 ”; and
(e) by omitting from paragraph (c) of sub-regulation (1) “ $1.10 ” and substituting “ $1.90 ”.
Overview
Statutory Rules 1977 No. 255, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to amend the Exports (Fresh Vegetables) Regulations, specifically addressing the fees for officers' services. This regulation was introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The purpose of these amendments was to update the fee structure for services rendered by officers in the context of fresh vegetable exports, including adjustments for regular days, Sundays, and public holidays, thereby ensuring that the fees reflect current economic conditions and operational costs.
Scope and Application
This statutory instrument, made under the authority of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, amends the Exports (Fresh Vegetables) Regulations by modifying the fees for officers' services involved in the export of fresh vegetables. The amendments apply to all persons and entities involved in the export of fresh vegetables, including exporters, agents, and other relevant parties, ensuring they comply with the updated fee structure. The geographic reach of this regulation is national, as it pertains to the export activities throughout the Commonwealth of Australia. The changes primarily affect the financial aspect of the export process by adjusting the fees for services rendered on regular days and holidays, thus impacting the overall costs associated with exporting fresh vegetables. The amendments do not specify any exclusions or exemptions, implying that the new fee structure applies universally to all exports of fresh vegetables. This legislative instrument extends the application of the relevant Acts by specifically detailing the updated fees, thereby ensuring clarity and consistency in the enforcement of export regulations.
Key Provisions
The Statutory Rules 1977 No. 255 made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, specifically amend the Exports (Fresh Vegetables) Regulations (Regulation 28) to update the fees charged for officers' services. The regulation modifies the fee structure for services rendered on regular working days, Sunday, and holidays. For services provided on a working day, the fee is adjusted from $1.45 to $2.50 per quarter-hour or part thereof (Regulation 28(1)(a)). For services provided on a Sunday, the fee structure remains the same as that for working days, i.e., $2.50 per quarter-hour or part thereof. Additionally, a new fee structure is introduced for services rendered on holidays, which is $3.15 per quarter-hour or part thereof (Regulation 28(1)(aa)). Furthermore, the fees for other services have been updated from $1.10 to $1.90 per quarter-hour or part thereof (Regulation 28(1)(b) and (c)).
Entities governed by these regulations, particularly those involved in the export of fresh vegetables, must comply with the updated fee structure for services rendered by officers. This includes ensuring that the correct fees are charged and paid for services provided on working days, Sundays, and holidays. The regulation also mandates that all relevant documentation and records must reflect the new fee amounts accurately. It is essential for these entities to stay informed about the amendments and adjust their billing practices accordingly to avoid discrepancies and potential disputes.
The legislation does not explicitly state any specific offences or penalties for non-compliance with the fee structure amendments. However, failure to comply with regulatory requirements can lead to broader legal consequences under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. These may include fines, legal action, and reputational damage. Entities must ensure that they adhere to the updated fees to avoid any legal repercussions and maintain compliance with Australian export regulations.