STATUTORY RULES
1972 No.
REGULATION UNDER THE CUSTOMS ACT 1901-1971 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966.
Dated this 1st day of February, 1972.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
(SGD.) IAN SINCLAIR
Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.
Amendments of the Exports (Honey) Regulations†
Fees for officers’ services.
Regulation 34 of the Exports (Honey) Regulations is amended—
(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(1.) Subject to sub-regulation (3.) of this regulation, 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 and either before the hour of seven o’clock in the morning of that day or after the hour of ten o’clock in the night of that day; or
(ii) on a Saturday, Sunday or holiday,
a fee of One dollar thirty-five cents 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 and after the hour of five o’clock in the afternoon but before the hour of ten o’clock in the night of that day—a fee of One dollar for each quarter-hour or part of a quarter-hour during which the services are so rendered; or
* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1964 No. 154, as amended by Statutory Rules 1966, No. 52; 1969, No. 36; and 1971, Nos. 40 and 106.
24318/71—Price 5c 9/11.1.1972
(c) in respect of services rendered on a week day after the hour of seven o’clock in the morning but before the hour of five o’clock in the afternoon of that day, being services so rendered for more than eight hours—a fee of One dollar 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.”; 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 in relation to those services.”.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Statutory Rules 1972 No. REGULATION UNDER THE CUSTOMS ACT 1901-1971 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966 were enacted in 1972 to amend the Exports (Honey) Regulations, particularly focusing on the fees for officers' services. This legislative instrument was issued by the Governor-General, Paul Hasluck, on the advice of the Federal Executive Council, and signed by Ian Sinclair, the Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise. The regulation aimed to address the need for a revised fee structure for services provided by officers under the Exports (Honey) Regulations. The objective was to provide a more structured and clear framework for the fees charged to individuals requesting services from officers during various times of the day and on different days of the week, thereby ensuring transparency and consistency in the service charges.
Scope and Application
This statutory rule, made under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, applies to individuals and entities involved in the export of honey from Australia. The rule pertains specifically to the fees charged for the services of officers in relation to the Exports (Honey) Regulations. The scope of this regulation is limited to the fees associated with officer services, which are determined based on the time of day and day of the week the services are rendered. The fees vary depending on whether the service is provided on a weekday during standard hours, after-hours on a weekday, or on a weekend or public holiday. The regulation is effective across the Commonwealth of Australia, aligning with national standards for honey exports. It does not specify any exclusions or exemptions and is directly applicable as per the statutory rule without the need for further subordinate instruments.
Key Provisions
The primary operative sections of the Statutory Rules 1972 No. REGULATION UNDER THE CUSTOMS ACT 1901-1971 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966, focus on amending the fees for officers' services under the Exports (Honey) Regulations. Specifically, Regulation 34 is amended to detail the fees for services rendered by officers. Sub-regulation (1.) sets out the fee structure based on the time of day and day of the week when the services are provided. For instance, services rendered before 7 am or after 10 pm on a weekday, or any day of the weekend or holiday, attract a fee of $1.35 per quarter-hour or part thereof. For services rendered between 5 pm and 10 pm on a weekday, the fee is $1 per quarter-hour or part thereof. For weekday services rendered between 7 am and 5 pm, the fee is $1 per quarter-hour or part thereof, but only if the total service duration exceeds eight hours.
The Act imposes certain obligations on parties who request the services of an officer for the purposes of these Regulations. These obligations include adherence to the fee structure outlined in Regulation 34. This means that any person requesting the services of an officer must be prepared to pay the specified fees based on the time and day the services are rendered. The Act also requires that these fees be charged and paid in accordance with the detailed stipulations provided within the Regulation, ensuring transparency and clarity in the fee structure.
There are no explicit provisions detailing offences, penalties, or consequences for breach of these Regulations within the text provided. However, given the legislative context, it is reasonable to infer that failure to comply with the stipulated fees or non-payment could result in enforcement actions under the relevant Acts, such as the Customs Act 1901-1971 or the Commerce (Trade Descriptions) Act 1905-1966. These could include fines, legal action, or other administrative penalties as prescribed under the respective Acts. While the exact penalties are not detailed in the excerpt, they would typically be aligned with the severity of the breach and the specific provisions of the overarching Acts.