Statutory Rules
1980 No. 121
REGULATION UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 19051
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 twenty-second day of May 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
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) Regulations2
Fees for officers’ services
Regulation 28 of the Exports (Fresh Vegetables) Regulations is amended —
(a) by omitting from paragraph (a) of sub-regulation (1) “$2.50” and substituting “$3.20”;
(b) by omitting from paragraph (aa) of sub-regulation (1) “$3.15” and substituting “$3.90”;
(c) by omitting from paragraph (b) of sub-regulation (1) “$1.90” and substituting “$2.35”; and
(d) by omitting from paragraph (c) of sub-regulation (1) “$1.90” and substituting “$2.35”.
Notes
1. Notified in the Commonwealth of Australia Gazette on 30 May 1980.
2. 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; 1974 No. 228; 1977 No. 255; 1978 No. 39.
Overview
The Statutory Rules 1980 No. 121, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to amend the Exports (Fresh Vegetables) Regulations, specifically updating the fees for officers' services associated with the export of fresh vegetables. This legislative instrument was introduced to ensure the fees reflected current economic conditions, thereby maintaining the integrity and efficiency of the export process. The regulation was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and was notified in the Commonwealth of Australia Gazette on 30 May 1980. This amendment aimed to align the regulatory framework with the economic realities of the time, ensuring that the fees charged to exporters remained fair and reflective of the actual costs incurred by the government in overseeing the export of fresh vegetables.
Scope and Application
The Statutory Rules 1980 No. 121 Regulation under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 primarily applies to the export of fresh vegetables from Australia, specifically amending the fees for officers' services under the Exports (Fresh Vegetables) Regulations. This regulation affects entities involved in the exportation of fresh vegetables, ensuring compliance with the updated fees for services rendered by officers overseeing these exports. The amendments pertain to the financial obligations of exporters, thereby impacting the transactions and costs associated with exporting fresh vegetables from Australia. The geographic reach of this regulation is national, as it pertains to exports from the Commonwealth of Australia, and it is enacted under federal authority. No explicit exclusions, exemptions, or thresholds are detailed within the text, but it is implied that the regulation applies to all relevant exports unless otherwise specified through subordinate instruments or specific exemptions provided by other legislation. The regulation itself does not extend or restrict its application beyond the specified amendments to fees.
Key Provisions
The main operative sections of this legislation involve amendments to the Exports (Fresh Vegetables) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 (section 2). Specifically, the amendment relates to the fees for officers' services associated with the export of fresh vegetables. The fees outlined in Regulation 28 are adjusted from their previous amounts to new specified amounts. These amendments reflect changes to the cost of services provided by officers, which are now set at $3.20, $3.90, $2.35, and $2.35, replacing the previous fees of $2.50, $3.15, $1.90, and $1.90 respectively.
The obligations imposed by this regulation are primarily administrative, requiring the updating of the fees for services rendered by officers in the context of fresh vegetable exports. Those involved in exporting fresh vegetables must ensure that they comply with the updated fee schedule when engaging with officers for export-related services. This includes preparing to pay the revised fees when requested for services such as inspection, certification, and other administrative tasks necessary for the export process.
The regulation does not explicitly outline specific offences, penalties, or consequences for non-compliance with the new fee schedule. However, failure to adhere to the updated fees when required could potentially lead to disputes or administrative actions, given that these fees are set by law and intended to cover the cost of the services provided by officers. The implications of non-compliance might include delays in the export process, fines, or other administrative penalties as determined by the relevant authorities under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.