Statutory Rules
1976 No. 69
REGULATION UNDER THE CUSTOMS ACT 1901-1975 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1973.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1975 and the Commerce (Trade Descriptions) Act 1905-1973.
Dated this nineteenth day of February, 1976.
JOHN R. KERR
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 (Meat) Regulations†
Fees for officer’s services.
Regulation 50 of the Exports (Meat) Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1) the words “ One dollar thirty-five cents ” and substituting the figures “ $2.00 ”;
(b) by omitting from paragraph (b) of sub-regulation (1) the words “ One dollar ” and substituting the figures “ $1.50 ”;
(c) by omitting from paragraph (c) of sub-regulation (1) the words “ One dollar ” and substituting the figures “ $1.50 ”; and
(d) by inserting after sub-regulation (1) the following sub-regulations:—
“ (1a) Sub-regulation (1) applies in relation to services that are performed otherwise than during shift-work operations at an export establishment.
“ (1b) Subject to sub-regulation (3), 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 on a week day and either before the hour of seven o’clock in the morning of that day
* Notified in the Australian Government Gazette on 23 February 1976.
† Statutory Rules 1961, No. 93, as amended by Statutory Rules 1963, No. 143; 1965, No. 40; 1966. No. 53; 1967, No. 113; 1969, No. 37; 1971, No. 107; and 1972, No. 8.
or after the hour of five o’clock in the night of that day— a fee of $0.15 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 Saturday—a fee of $0.50 for each quarter-hour or part of a quarter-hour during which the services are so rendered;
(c) in respect of services rendered on a Sunday—a fee of $1.00 for each quarter-hour or part of a quarter-hour during which the services are so rendered; or
(d) in respect of services rendered on a holiday—a fee of $1.50 for each quarter-hour or part of a quarter-hour during which the services are so rendered.
“ (1c) Sub-regulation (1b) applies in relation to services that are performed during shift-work operations at an export establishment.”.
Overview
Statutory Rules 1976 No. 69, enacted under the authority of the Customs Act 1901-1975 and the Commerce (Trade Descriptions) Act 1905-1973, addresses the need to update and standardise fees for services rendered by officers in relation to meat exports. The regulation was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Executive Council, and was issued by Ian Sinclair, Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs. The primary policy objective of this regulation is to ensure that fees charged for officer services are current and reflective of the time and day on which the services are performed, thus providing a transparent and fair framework for such transactions.
Scope and Application
The Statutory Rules 1976 No. 69, made under the Customs Act 1901-1975 and the Commerce (Trade Descriptions) Act 1905-1973, primarily amend the Exports (Meat) Regulations by adjusting fees for officer services associated with meat exports. This regulation applies to individuals and entities involved in meat exports who require the services of officers under these regulations. The geographic reach of these regulations is nationwide, applying across all states and territories of Australia. The amendments primarily focus on updating the fees for officer services based on the time of day and day of the week, with specific rates set for weekdays, Saturdays, Sundays, and public holidays, as well as for services rendered during shift-work operations at export establishments. No exclusions, exemptions, or specific thresholds are mentioned in this particular regulation, but the application of fees may be further detailed or extended through subordinate instruments or additional regulations under the overarching acts.
Key Provisions
The main operative sections of the Statutory Rules 1976 No. 69, made under the Customs Act 1901-1975 and the Commerce (Trade Descriptions) Act 1905-1973, concern amendments to the Exports (Meat) Regulations. Specifically, Regulation 50 is altered to revise the fees charged for officer services. The amendment replaces the previously listed fees with new figures: $2.00, $1.50, and $1.50 for services rendered outside shift-work operations at an export establishment (Regulation 50(a), (b), and (c)). Additionally, it introduces new sub-regulations (1a) and (1b) detailing the fees for services provided on weekdays, Saturdays, Sundays, and holidays, both during and outside shift-work operations (Regulation 50(1a) and (1b)).
The obligations and requirements imposed by these regulations pertain to the fees charged for the services of officers under the Exports (Meat) Regulations. These fees vary based on the time and day of the week the services are rendered. For instance, services rendered outside shift-work operations on a weekday before 7 AM or after 5 PM are charged at $0.15 per quarter-hour, whereas services on a Saturday are charged at $0.50 per quarter-hour. On Sundays and holidays, the fees increase to $1.00 and $1.50 per quarter-hour, respectively. These detailed fee structures ensure that the charges are transparent and applied consistently according to the time and nature of the service provided.
In terms of consequences for breach, the regulations do not explicitly state offences or penalties for non-compliance with the fee structures. However, under the overarching Acts, breaches of regulations can lead to civil or criminal penalties. The Customs Act 1901-1975 and the Commerce (Trade Descriptions) Act 1905-1973 provide frameworks within which penalties for non-compliance can be enforced. These can include fines and other civil penalties for minor infractions, while more serious breaches may result in criminal charges, with penalties varying according to the severity and nature of the offence. The specific penalties would need to be referred to within the primary Acts themselves.