Statutory Rules
1974 No. 229
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 (General) Regulations †
Fees for offices’ services.
Regulation 30 of the Exports (General) 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—
(i) on a week day either before the hour of 7 o’clock in the morning or after the hour of 10 o’clock in the night of that day; or
(ii) on a Saturday, Sunday or holiday,
a fee of $1.40 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 after the hour of 5 o’clock in the afternoon and before the hour of 10 o’clock in the night of that day—a fee of $1.05 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
* Notified in the Australian Government Gazette on 6 December 1974.
†Statutory Rules 1954, No. 1, as amended by Statutory Rules 1954, Nos. 42 and 91; 1955, No. 91; 1956, Nos. 7 and 120; 1960, Nos. 40 and 69; 1963, Nos. 29 and 142; 1964, No. 153; 1966, No. 51; and1969,Nos.35and139.
in the afternoon of that day, being services so rendered for more than eight hours—a fee of $1.05 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.
“(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. 229, made under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973, introduces amendments to the Exports (General) Regulations, specifically addressing the fees for officers’ services. This legislative instrument was enacted by the Governor-General, John R. Kerr, on 4 December 1974, with the advice of the Executive Council. The regulation aims to streamline and update the fee structure for services provided by officers during various time periods, ensuring a fair and systematic approach to charging for these services. The changes are designed to reflect current economic conditions and the nature of the services provided, thereby addressing a gap in the regulatory framework related to the cost and availability of these services.
Scope and Application
This statutory rule, made under the Customs Act 1901-1974 and the Commerce (Trade Descriptions) Act 1905-1973, pertains specifically to the amendments of the Exports (General) Regulations concerning the fees for services rendered by officers. The regulation applies to individuals or entities that request the services of an officer for the purposes of these Regulations. The services in question are likely related to exports, customs, and trade descriptions, which could affect various industries and entities involved in these activities. Geographically, the regulation applies nationally, as it is made under Commonwealth Acts. The regulation sets out specific fees for the services rendered by officers, varying based on the time of day and the duration of the service. The regulation does not explicitly state any exclusions or exemptions, but it does define "week day" to clarify the days on which the services are rendered and for which fees apply. The regulation also notes that the time reasonably occupied by the officer in proceeding to and returning from the place where their attendance is required is treated as time during which the services are rendered.
Key Provisions
The key operative sections of this legislative instrument pertain to the fees charged for the services of officers under the Exports (General) Regulations. Regulation 30(1) outlines the fees for services rendered by an officer at the request of a person, which vary depending on the time of day and day of the week. Specifically, sub-regulation (1)(a) stipulates that if services are rendered either before 7 am or after 10 pm on a weekday, or at any time on a Saturday, Sunday, or holiday, the fee is $1.40 for each quarter-hour or part of a quarter-hour. Sub-regulation (1)(b) provides a fee of $1.05 for each quarter-hour or part of a quarter-hour for services rendered between 5 pm and 10 pm on a weekday. Finally, sub-regulation (1)(c) sets a fee of $1.05 for each quarter-hour or part of a quarter-hour for services rendered between 7 am and 5 pm on a weekday, after the first eight hours. Sub-regulation (2) includes the reasonable time for the officer to travel to and from the location of service in the calculation of fees.
The obligations imposed on parties under this regulation are primarily financial, as they must pay the specified fees for officer services as per the outlined schedule. Additionally, the regulation imposes a requirement on officers to accurately calculate the time spent on services to ensure that the correct fee is applied. The definition in sub-regulation (4) clarifies that "week day" refers to any Monday, Tuesday, Wednesday, Thursday, or Friday that is not a public holiday, which assists in determining the applicable fee.
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the regulation for breaches of the fee schedule. However, failure to comply with the fee structure or accurately calculate the time for which fees are charged could potentially lead to disputes or legal challenges regarding the legitimacy of the fees charged. It is important for both officers and the requesting parties to adhere to the stipulated fee structure to avoid any potential issues.