Tobacco, Drawback and Starch Regulations (Repeal)

Overview

The Statutory Rules 1912, No. 138, enacted on 4 July 1912, concerns the cancellation of a Provisional Regulation made under the Excise Act 1901. This legislative instrument was issued by the Governor-General in Council, in response to the need to repeal Statutory Rules 1912, No. 5, which had been enacted earlier in January 1912. The original Provisional Regulation pertained to the payment of overtime at factories or distilleries, a matter that the current statutory rules address by repealing the earlier provision. This repeal was necessary to rectify any inconsistencies or outdated stipulations within the original regulation, thereby ensuring that the Excise Act 1901 continues to operate effectively and in line with current legislative standards. The instrument was issued under the authority of the Federal Executive Council, reflecting the government's commitment to maintaining a coherent and updated legislative framework.

Scope and Application

This Statutory Rule 1912 No. 138 pertains to the cancellation of a provisional regulation made under the Excise Act 1901. Specifically, it addresses the repeal of Statutory Rules 1912, No. 5, which was concerned with the payment of overtime at factories or distilleries. The legislative instrument applies to any entities or persons operating within factories or distilleries in the Commonwealth of Australia, focusing on the conduct related to the payment of overtime as stipulated in the Excise Act 1901. This cancellation affects the geographic scope of the Commonwealth, thereby impacting any industry within this jurisdiction. There are no exclusions or exemptions explicitly stated in this particular statutory rule, and it effectively revokes the previous provisional regulation without introducing new substantive provisions. The cancellation is comprehensive within the bounds of the referenced provisional regulation and does not extend beyond it, unless further specified through subordinate instruments.

Key Provisions

The Statutory Rules 1912, No. 138, issued under the authority of the Excise Act 1901, serves to cancel and repeal a previously made Provisional Regulation (Statutory Rules 1912, No. 5) concerning the payment of overtime at factories or distilleries. This legislative instrument was issued on the fifth of January 1912 and subsequently repealed on the fourth of July in the same year. The repeal was executed by the Governor-General, acting on the advice of the Federal Executive Council, and signed by Frank G. Tudor, the Minister of State for Trade and Customs. This Act effectively removes the requirement set forth in the earlier regulation regarding overtime payments at factories or distilleries. It nullifies any obligations or conditions imposed by the previous regulation concerning how and when overtime should be paid to workers in these industries. By cancelling the regulation, the Act ensures that there are no legal requirements for employers to adhere to the specific terms of the previous regulation concerning overtime payments. Under this Act, there are no ongoing obligations or requirements imposed on the parties or entities it governs. The primary function of this statutory instrument is the repeal of the existing regulation, which means that once it comes into effect, the previous requirements regarding overtime payments are no longer in force. There are no specific duties or compliance measures mandated by this cancellation. As for the consequences of non-compliance, there are no explicit provisions within this Act that outline penalties or consequences for breaching the repealed regulation. Given that the regulation itself has been cancelled, there are no specific offences or penalties associated with non-compliance with the now-defunct requirements. However, if any existing agreements or contracts were based on the now-repealed regulation, those would need to be reviewed and potentially amended to reflect the changes brought about by this Act.