STATUTORY RULES
1913. No. 89
PROVISIONAL REGULATION UNDER THE EXCISE ACT 1901.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following Regulation under the Excise Act 1901 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-eighth day of March, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
Regulation 134 of the Regulations under the Excise Act 1901 (Statutory Rules 1905, No. 65, dated 28th September, 1905) is hereby cancelled, and the following Regulation substituted therefor:—
Overtime.
134. The Collector may authorize working outside the official hours, and, in case the services of any officer engaged in supervision at any factory or distillery are required on Sundays, public holidays, or before or after official hours, such services shall be charged for at the rate of 2s. 6d. per hour or part thereof. Provided that for attendance between the hours of 10 p.m. and 6 a.m. the charge shall be 3s. per hour or part thereof; and provided that if with the sanction of the Collector work is carried on in the factory or distillery regularly for sixteen hours per day, or continuously night and day, no overtime charge shall be made, except for hours worked on public holidays or between noon on Saturday and 6 a.m. on Monday; and provided further that if at the request of the licensee the Collector permits work outside official hours, and not within any regular period of working sanctioned by the Collector, overtime charge will be made at the rates above mentioned.
The money received for overtime shall be held by the Department, and may be paid to officers who have earned the same, at the rates mentioned above.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.4178.—Price 3d.
Overview
The Provisional Regulation under the Excise Act 1901, enacted in 1913, addresses the need for a structured approach to overtime charges for officers engaged in supervision at factories or distilleries. This legislative instrument, issued by the Governor-General in Council, certifies the urgency of the regulation's immediate operation. The regulation replaces an earlier provision (Regulation 134 of 1905) to establish clear guidelines on overtime rates, ensuring that overtime work, especially during non-standard hours, is properly compensated. The policy objective, as implied, is to maintain fair labour practices and provide a transparent system for compensating officers who work beyond their regular hours. The regulation also specifies that the collected overtime fees are to be held by the Department and disbursed to the entitled officers.
Scope and Application
The Provisional Regulation under the Excise Act 1901, as specified in Statutory Rules 1913, No. 89, applies to officers engaged in supervision at factories or distilleries who are required to work outside of the official hours, including on Sundays and public holidays. It provides a framework for the charges associated with such overtime work, with different rates specified for various times, such as an increased rate for night hours between 10 p.m. and 6 a.m. The regulation is applicable across the Commonwealth of Australia and is designed to ensure that any overtime work is compensated appropriately. It also stipulates that if work is authorised to occur for sixteen hours a day or continuously, no overtime charges will apply except for work done on public holidays or during the period from noon on Saturday to 6 a.m. on Monday. The regulation replaces an earlier regulation, providing updated guidelines for overtime charges and ensuring consistency in the application of these charges. The regulation is immediately operational and extends its reach to cover the entire Commonwealth, ensuring uniformity in the application of overtime charges across different states and territories.
Key Provisions
The main operative sections of this Provisional Regulation under the Excise Act 1901 pertain to the authorization of overtime work and the corresponding charges for such work (Regulation 134). Specifically, Regulation 134 allows the Collector to authorize overtime work outside the official hours, with special conditions for work performed on Sundays, public holidays, or before or after the official working hours. It sets out detailed rates for overtime charges, including a higher rate for work performed between 10 p.m. and 6 a.m. The regulation also outlines scenarios where no overtime charge is applicable, such as continuous work over sixteen hours per day or continuous night and day operations, except for work done on public holidays or between noon on Saturday and 6 a.m. on Monday. Any overtime charges collected are to be held by the Department and can be paid to the officers who have earned them at the prescribed rates.
The Regulation imposes several obligations on both the Collector and the officers engaged in supervision at any factory or distillery. The Collector is responsible for authorizing any overtime work and determining the applicable charges. This includes ensuring that the overtime work falls within the sanctioned periods and correctly applying the specified rates. Officers must adhere to the authorized working hours and comply with any overtime work requests from the Collector. They must also ensure that any overtime work is recorded accurately to facilitate correct payment of the overtime charges. Additionally, the Regulation requires the Department to manage the collection and disbursement of the overtime payments.
Breaches of this Regulation may lead to various consequences. While the specific offences and penalties are not detailed within the Regulation itself, it can be inferred that failure to comply with the prescribed overtime charges and conditions could result in financial discrepancies or disputes over payments. Under the Excise Act 1901, there may be administrative or legal actions taken for non-compliance, including potential fines or other penalties as stipulated by the broader legislative framework. The maximum penalties for such breaches would typically be outlined in the Excise Act 1901 or subsequent legislation, but are not specified in this Regulation.