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 (Meat) Regulations†
Fees for.
Regulation 50 of the Exports (Meat) 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 cither before the hours 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
(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
* Notified in the Commonwealth Gazette on 1972.
† Statutory Rules 1961, No. 93, as amended by Statutory Rules 1963, No. 143; 1965, No. 40; 1965, No. 53; 1967, No. 113; 1969, No, 37; and 1971, No. 107.
24319/71—Price 5c 9/7.1.1972
(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
Statutory Rules 1972 No. 8, made under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, was introduced to amend the Exports (Meat) Regulations. The regulation was enacted to address the need to update the fee structure for services rendered by officers in relation to meat exports, reflecting changes in the operational hours and costs associated with these services. The regulation was made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective is to ensure that the fees for services rendered accurately reflect the actual costs incurred by the service providers while maintaining efficient and effective regulation of meat exports.
Scope and Application
This regulation applies to individuals and entities involved in the meat export industry within Australia, particularly those who request the services of an officer for the purposes of the Exports (Meat) Regulations. These regulations are themselves instruments under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, thus extending the reach of this regulation to the national level. The regulation modifies the fees charged for officer services provided outside of standard business hours or exceeding a certain duration, thereby directly impacting the financial obligations of those utilising such services. The amendment introduces a tiered fee structure based on the time and duration of services rendered, with specific charges for services provided before 7 AM and after 10 PM, during weekends and public holidays, and after eight hours of service on a weekday between 7 AM and 5 PM. The regulation does not explicitly state any exclusions or exemptions; however, it is inherently tied to the conditions outlined within the Exports (Meat) Regulations, which may include specific exclusions based on other statutory provisions or criteria.
Key Provisions
The Statutory Rules 1972 No. REGULATION UNDER THE CUSTOMS ACT 1901-1971 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966, specifically amends Regulation 50 of the Exports (Meat) Regulations. This amendment pertains to the fees charged for the services of an officer, as detailed in sub-regulation (1). According to the new sub-regulation (1), when an officer’s services are requested, fees are charged based on the time of day and day of the week. On weekdays, if services are rendered before 7:00 AM or after 10:00 PM, or on weekends and holidays, the fee is set at $1.35 for each quarter-hour or part thereof. For services rendered on weekdays between 5:00 PM and 10:00 PM, the fee is $1.00 for each quarter-hour or part thereof. Additionally, for weekday services exceeding eight hours, the fee remains at $1.00 for each quarter-hour or part thereof after the initial eight hours. These fees are clearly outlined to ensure transparency and consistency in billing for the officer’s services.
The obligations imposed by this regulation require those requesting officer services to be aware of the specific fee structure based on the timing and day of service. It is crucial for individuals or entities seeking these services to understand the different rates applicable to various time slots to avoid any misunderstandings or disputes regarding the fees. The regulation also introduces a clear definition of a “week day” in sub-regulation (4), specifying that it includes Monday through Friday, excluding holidays. This definition is essential for accurately applying the fee schedule and ensuring compliance with the regulation.
Failure to adhere to the fee structure as outlined in the regulation may result in legal consequences. While the document does not explicitly state penalties for non-compliance, breaches of such regulations typically attract fines or other penalties under the broader legal framework of the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966. The exact penalties could be determined by the courts, taking into account the nature and severity of the breach. It is therefore advisable for parties involved to strictly comply with the stipulated fee rates to avoid any potential legal repercussions.