Exports (Honey) Regulations (Amendment)

Overview

The Statutory Rules 1966 No. 52 were enacted to amend the Exports (Honey) Regulations under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950. The legislation was introduced to address discrepancies in the fees charged for the services of officers in relation to honey exports, ensuring that appropriate charges are levied for services rendered outside regular working hours or on holidays. This regulatory adjustment was made by the Governor-General in Council, reflecting the policy objective to provide a clear framework for the financial obligations associated with such services. The Regulations came into effect on 14 February 1966, formalising the fee structure for officer services, including a higher rate for services rendered on Sundays and public holidays.

Scope and Application

The Statutory Rules 1966 No. 52, made under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950, provide for amendments to the Exports (Honey) Regulations, specifically addressing the fees charged for services rendered by officers beyond official hours or on weekends and holidays. These regulations apply to any individual or entity that requires the services of an officer for matters related to the exports of honey under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950. The regulations establish a fee of three dollars per hour for services rendered on a Sunday and two dollars and twenty-five cents per hour for services rendered before or after official hours or on a Saturday or holiday. The scope of these regulations is limited to the Commonwealth, thereby governing the entire nation. The amendments do not specify any exclusions or exemptions, and the fees are to be charged as per the outlined conditions. The regulations also allow for the Minister to set the rate of charge for officers who are required to proceed on duty away from their ordinary station. This legislative instrument thus clearly delineates the financial obligations for services provided outside of standard operating hours, ensuring clarity and consistency in the application of fees for such services.

Key Provisions

These Regulations, which come into operation on the fourteenth of February 1966, amend the Exports (Honey) Regulations under the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1950. A significant change introduced by these Regulations is the replacement of Regulation 34, which pertains to fees for officer's services when made available to a person outside official hours or on weekends and holidays. Under the new Regulation 34, a person will be charged a fee of three dollars per hour or part of an hour if an officer's services are required on a Sunday, and two dollars and twenty-five cents per hour or part of an hour for services rendered before or after official hours or on a Saturday or holiday (subsection (1)). The fee includes the time reasonably occupied by the officer in proceeding to and returning from the required location (subsection (2)). If an officer must travel from their usual station to provide services, the rate of charge is to be determined by the Minister (subsection (3)). The term 'holiday' is defined as a day observed as a holiday under section 76 of the Public Service Act 1922-1964 at the location where the officer's attendance is required, and 'officer' has the same meaning as in section 4 of the Customs Act 1901-1965 (subsection (4)). The Regulations impose obligations on parties who require the services of an officer outside of normal working hours or on weekends and holidays. These parties must pay the stipulated fees, which are calculated based on the time taken by the officer to attend to the required task, including travel time to and from the location. This ensures that the cost of such services is fairly apportioned and that officers are compensated for their time and travel expenses when they are required to work outside their usual hours or on days that are not typically working days. Breaches of these Regulations may not be explicitly stated in the text provided, but under the authority of the Customs Act 1901-1965 and the Commerce (Trade Descriptions) Act 1905-1960, failure to comply with the payment of fees as required by these Regulations could lead to civil or criminal consequences. The maximum penalties for such breaches would be in line with the penalties prescribed under the relevant Acts, which may include fines or other penalties as deemed appropriate by the relevant authorities. These penalties serve as a deterrent against non-compliance and ensure that the financial obligations under the Regulations are respected.