Statutory Rules
1974 No. 232
REGULATION UNDER THE CUSTOMS ACT 1901-1974.*
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.
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 for and on behalf
of the Minister of State for Customs and Excise.
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Amendments of the Exports (Grain) Regulations†
Fees for officers’ services.
Regulation 15 of the Exports (Grain) 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 $1.55 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 $1.15 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 $1.15 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 1963, No. 10, as amended by Statutory Rules 1963, No. 144; 1966, No. 44; 1968, Nos. 121 and 144; 1969, No. 28; 1970, No. 80; and 1972, No. 151.
“(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. 232, made under the Customs Act 1901-1974, addresses the issue of fee adjustments for officer services related to grain exports. Enacted by the Governor-General of Australia on the advice of the Executive Council, the regulation amends the Exports (Grain) Regulations to update the fees charged for services provided by officers during specific times and conditions. The policy objective is to ensure that the fees for such services are reflective of the time and conditions under which they are provided, thereby maintaining fair compensation for the officers while also providing clarity to those who request their services.
Scope and Application
This legislative instrument amends Regulation 15 of the Exports (Grain) Regulations, which pertain to fees for officers' services related to grain exports under the Customs Act 1901-1974. The amendment updates the fee structure for services rendered by officers on Saturdays, Sundays, holidays, and weekdays, with different rates applying depending on the time of day and whether the services are rendered on a public holiday or a weekday. The fees are calculated based on the time occupied by the officer in attending to the service, including travel time to and from the place of service. The amendment applies nationally across Australia as it is a regulation under the Commonwealth Customs Act. There are no exclusions or exemptions mentioned in this specific regulation, but it is subject to the broader terms and conditions of the Customs Act and any other applicable legislation. Subordinate instruments may extend or further detail the application of these fees, although the provided text focuses solely on the amendment to Regulation 15.
Key Provisions
The main operative sections of this legislation, specifically Regulation 15 of the Exports (Grain) Regulations, detail the fee structure for the services of officers rendered under these Regulations (Reg 15(1)). The fees depend on the time and day the services are provided. If an officer’s services are requested on a Saturday, Sunday, or a public holiday, the fee is $1.55 for each quarter-hour or part of a quarter-hour (Reg 15(1)(a)). For services rendered on a weekday before 7 a.m. or after 5 p.m., the fee is $1.15 for each quarter-hour or part of a quarter-hour (Reg 15(1)(b)). For weekday services rendered between 7 a.m. and 5 p.m. that exceed eight hours, the fee remains $1.15 for each quarter-hour or part of a quarter-hour after the first eight hours (Reg 15(1)(c)). Additionally, the time taken by the officer to travel to and from the service location is considered part of the service time for fee calculation purposes (Reg 15(2)). The definition of a weekday is also clarified to exclude public holidays (Reg 15(4)).
The obligations imposed by this legislation on parties or entities include ensuring that fees are paid in accordance with the specified rates when the services of officers are requested under the Exports (Grain) Regulations. The parties must adhere to the detailed fee structure based on the time and day of service (Reg 15(1)). They are also responsible for calculating the fee accurately, including the travel time of the officer as part of the service time (Reg 15(2)). This ensures that the parties involved are aware of their financial responsibilities and comply with the stipulated fee structure.
There are no explicit offences, penalties, or consequences mentioned in this regulation for non-compliance with the fee structure. However, failure to pay the required fees when officer services are rendered under the Exports (Grain) Regulations could potentially lead to disputes or legal action. The absence of specific penalties in this regulation suggests that the primary focus is on setting clear fee structures and ensuring compliance through contractual or administrative means rather than through punitive measures.