Exports (Grain) Regulations (Amendment)

Overview

The Statutory Rules 1966 No. 44, enacted by the Governor-General in accordance with the advice of the Federal Executive Council, constitutes a set of regulations under the Customs Act 1901-1965. These regulations were designed to amend the Exports (Grain) Regulations, specifically addressing the fees for officers' services provided outside of regular working hours or on public holidays. This legislative instrument aimed to address gaps in the existing regulatory framework concerning the charging of fees for customs officer services rendered beyond standard working hours or on weekends and holidays. The enactment was intended to provide a clear and consistent fee structure for such services, ensuring that all parties are aware of the financial obligations involved in obtaining these services outside of regular business hours. The regulations came into effect on 14 February 1966, establishing a definitive framework for fee collection in these circumstances. The policy objective of these regulations was to provide a transparent and equitable system for charging fees to individuals who require customs officer services outside of normal working hours or on public holidays. By setting specific rates for services rendered on Sundays, public holidays, Saturdays, and outside of official hours, the regulations aimed to prevent any ambiguity or misunderstanding regarding the costs associated with such services. This legislative action was taken to support the efficient administration of the Customs Act 1901-1965 and to ensure that all stakeholders are aware of the financial implications of requesting officer services outside of the standard working schedule.

Scope and Application

The Statutory Rules 1966 No. 44, made under the Customs Act 1901-1965, introduce amendments to the Exports (Grain) Regulations, particularly focusing on the fees charged for officer services. These regulations apply to any person who requests the services of a customs officer for grain export activities outside of standard working hours or on weekends and holidays. The scope of the regulations is confined to the officers as defined under section 4 of the Customs Act 1901-1965 and pertains specifically to the fees incurred for services rendered beyond regular duty hours or on non-working days. The geographic reach of these regulations is nationwide, applying uniformly across Australia, and there are no stated exclusions or exemptions detailed within the text of these specific regulations. The regulations extend their application by setting specific fees for different scenarios, with a provision for the Minister to determine rates when officers are required to travel away from their usual station. These amendments came into effect on the fourteenth day of February 1966, replacing the previous regulation regarding fees.

Key Provisions

The main operative sections of these Regulations (C1966L00044) pertain to the fees for officer services under the Exports (Grain) Regulations. Specifically, Regulation 15 (subsections 1 to 4) outlines the fees that apply when the services of an officer are made available outside of official hours or on weekends and holidays. According to subsection (1), if an officer's services are requested on a Sunday, the fee is set at three dollars per hour or part of an hour. For services rendered before or after official hours, or on a Saturday or holiday, the fee is two dollars and twenty-five cents per hour or part of an hour. The fee includes the time taken by the officer to travel to and from the required location, as detailed in subsection (2). In cases where an officer is required to travel from their usual station, the rate of charge is to be determined by the Minister, as per subsection (3). These Regulations impose specific obligations on parties requiring officer services outside of regular working hours. Firstly, they must be prepared to pay the stipulated fees as outlined in Regulation 15. The fees account for the officer's time, including travel to and from the service location, and additional charges for services rendered on Sundays, holidays, or outside regular working hours. It is also crucial for the requesting party to understand that these fees are subject to adjustment by the Minister if the officer needs to travel from their usual station. This transparency ensures that all parties are aware of the costs involved when requesting out-of-hours services. Failure to comply with the fee structure outlined in these Regulations may result in legal repercussions. However, the text does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance. The primary focus appears to be on the financial implications for those requiring officer services outside of normal working hours. Therefore, while the exact legal consequences of non-payment are not stated, it is reasonable to infer that failure to adhere to the fee structure could lead to enforcement actions to recover the owed fees.