Tobacco, Drawback and Starch Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1912, No. 5, under the Excise Act 1901, were enacted to address the need for flexibility in the working hours of officers engaged in supervision at factories and distilleries, particularly during weekends and public holidays. The Excise Act 1901 was designed to regulate the production, storage, and sale of excisable goods, and these provisional regulations aimed to provide a structured approach to overtime payments for inspectors who may need to work beyond their regular hours. Enacted by the Governor-General in Council, the regulation reflects an urgent response to ensure that officers are fairly compensated for additional duties performed outside the standard working hours. This legislative instrument, issued by the Minister of State for Trade and Customs, was aimed at maintaining operational efficiency while addressing the financial implications of extended working hours for supervisory staff.

Scope and Application

The Provisional Regulation under the Excise Act 1901, specifically Regulation 134, pertains to the authorisation of overtime work by the Collector and the imposition of charges for services rendered outside official hours. This regulation applies to officers engaged in supervision at any factory or distillery, thus it is directly relevant to personnel within these industrial settings. The regulation sets forth the charges for overtime work, with a rate of two shillings per hour for work performed on Sundays, public holidays, or outside the regular official hours, and a higher rate of two shillings and sixpence per hour for attendance between 10 p.m. and 6 a.m. This regulation has a jurisdictional reach across the Commonwealth of Australia, as it is a statutory rule issued under the authority of the Commonwealth. There are no stated exclusions or exemptions within the regulation itself, but it is likely that the application of these overtime charges is subject to broader legislative and common law principles governing employment and labour practices. The regulation also allows for its terms to be extended or modified through subordinate instruments, thereby providing flexibility in its application to evolving industrial circumstances.

Key Provisions

The main operative sections of this Provisional Regulation under the Excise Act 1901 (section 1) allow the Collector to authorise overtime work for officers engaged in supervision at factories or distilleries. Specifically, section 134 states that if an officer's services are needed on Sundays, public holidays, or outside of official working hours, these services can be charged at a rate of two shillings per hour or part thereof. If the required attendance falls between the hours of 10 p.m. and 6 a.m., the charge increases to two shillings and sixpence per hour or part thereof. This Act imposes certain obligations on the parties involved, primarily the Collector and the officers engaged in supervision. The Collector has the authority to approve overtime work and set the rates for such services. On the other hand, the officers who provide these services must adhere to the specified rates, and their attendance during non-official hours or on public holidays must be accurately recorded and charged accordingly. Failure to comply with the provisions of this Regulation may lead to various consequences. While the text does not explicitly detail offences, penalties, or specific consequences for breach, it is implied that not adhering to the authorised rates for overtime work could result in financial discrepancies or disputes. The regulation does not specify maximum penalties, but breaches of such financial regulations typically warrant investigation and possible corrective actions under the Excise Act 1901.