Statutory Rules
1977 No. 252
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 (HONEY) REGULATTONS†
Fees for officers’ services
Regulation 34 of the Exports (Honey) Regulations is amended—
(a) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (1) “ , Sunday or holiday ” and substituting “ or Sunday ”;
(b) by omitting from paragraph (a) of sub-regulation (1) “ One dollar thirty-five cents ” 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 1964, No. 154 as amended by Statutory Rules 1966, No. 52; 1969, No. 36; 1971, Nos. 40 and 106; 1972, No, 10; and 1976, No. 151.
(d) by omitting from paragraph (b) of sub-regulation (1) “ One dollar ” and substituting “ $1.90 ”; and
(e) by omitting from paragraph (c) of sub-regulation (1) “ One dollar ” and substituting “ $1.90 ”.
Overview
Statutory Rules 1977 No. 252, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to update and refine the fees associated with officers' services in relation to the exports of honey. The aim of these amendments was to ensure that the fees for services rendered reflect the current economic conditions and to establish a more precise fee structure for services rendered on holidays. This legislative instrument was introduced to address the need for updated and equitable fee structures within the export regulations, ensuring that the services provided are compensated appropriately.
The policy objective behind these amendments was to provide a clear and fair fee structure for services rendered by officers in the context of honey exports, thereby maintaining the integrity and efficiency of the export process while accommodating changes in economic conditions and service demands. This regulation was a response to the need for updated and equitable compensation for officers' services, ensuring the continued smooth operation of the export process for honey under the relevant acts.
Scope and Application
The Statutory Rules 1977 No. 252 amends the Exports (Honey) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. This legislative instrument applies to those who export honey from Australia, including individuals, companies, and other entities involved in the honey export process. The amendment affects the fees for officers' services related to the inspection and certification of honey exports. It specifically adjusts the fees for services rendered on regular working days and introduces a new fee structure for services provided on holidays, with an hourly rate applied for any quarter-hour or part thereof during which services are rendered on a holiday. This regulation has a national reach as it pertains to the export activities governed by Commonwealth legislation. The amendment does not exclude any specific groups or entities from its application, but rather applies broadly to all honey exporters in Australia. The regulation extends the application of the fees outlined within it, ensuring that all relevant parties are subject to the updated fee structure as specified.
Key Provisions
The primary focus of Statutory Rules 1977 No. 252 is the amendment of Regulation 34 of the Exports (Honey) Regulations. This regulation modifies the fees charged for services rendered by officers under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. Specifically, it adjusts the fees for services rendered on regular days and holidays. For instance, under section (a) of sub-regulation (1), the fee for services rendered on regular days is adjusted from one dollar thirty-five cents to $2.50. Additionally, a new fee structure is introduced for services rendered on holidays, set at $3.15 for each quarter-hour or part thereof, as detailed in the newly inserted section (aa) of sub-regulation (1). Furthermore, the fees for other specified services are also revised, with the fees for these services changing from one dollar to $1.90, as per sections (b) and (c) of sub-regulation (1).
This legislation imposes clear obligations on parties involved in the export of honey, particularly those requiring the services of officers for inspections or other related activities. The updated fees must be adhered to by both exporters and the officers providing these services. Exporters are expected to pay the specified rates for the services rendered, whether on regular days or holidays, as outlined in the amended regulation. Officers, on the other hand, must ensure they bill according to the new rates set forth in the regulation.
The implications of non-compliance with these fees are not explicitly detailed in the text, but breaches of regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 can generally lead to civil or criminal penalties. The specific consequences for not adhering to the new fee structure might include fines or other sanctions, although the exact penalties are not specified in the provided text. It is important for all parties to be aware of and comply with these updated fees to avoid any potential legal repercussions.