Wine Overseas Marketing (Fees and Expenses) Regulations (Amendment)

Overview

The Wine Overseas Marketing (Fees and Expenses) Regulations 1941, enacted by the Governor-General, represent a legislative instrument designed to amend the existing regulations under the Wine Overseas Marketing Act 1929-1936. This enactment aimed to address the need for updated remuneration for the Chairman and members of the Board, ensuring they are fairly compensated for their duties in a manner reflective of the period's economic conditions. The objective was to provide a clear framework for the fees payable for board business conducted within or outside the members' home states, while excluding fees for attending meetings. This regulation was issued with the advice of the Federal Executive Council and notifies the amendments to the fees structure in a manner consistent with the established statutory process of the time.

Scope and Application

The Wine Overseas Marketing (Fees and Expenses) Regulations, as amended, apply to the Chairman and members of the Board involved in the business of wine marketing overseas. These regulations specifically address the fees payable to the Chairman and members for their engagement in Board-approved business, which can either be within their resident state or in another state. Notably, no fee is payable for attendance at a meeting of the Board or the Executive Committee. The amendments to these regulations were made under the authority of the Wine Overseas Marketing Act 1929-1936 and are applicable nationally, extending across all states in Australia. The regulation details the specific financial compensation for the Chairman and members, thereby ensuring clarity and consistency in the remuneration process for their approved activities.

Key Provisions

The regulation amends the Wine Overseas Marketing (Fees and Expenses) Regulations by altering the fees payable to the Chairman and members of the Board for their business engagements. Specifically, Regulation 4(4) sets out that for each day a person is engaged in Board business approved by the Board, they will be paid Two pounds two shillings if the business is within their home state, and Four pounds four shillings if it is in another state (Regulation 4(4)(a) and (b)). However, it explicitly states that no fee will be payable if the person is attending a meeting of the Board or the Executive Committee (Regulation 4(4) Provided). The regulation imposes specific financial obligations on the Chairman and members of the Board regarding their travel and engagement in Board business. They are entitled to receive a daily fee based on the location of the business, which changes depending on whether it is within their home state or another state. It also mandates that no fee will be paid if the engagement is limited to attending meetings of the Board or the Executive Committee. This regulation aims to provide clarity on the compensation structure for the Board members’ activities and ensure transparency in their entitlements. Breach of the provisions outlined in this regulation could lead to legal consequences, as the regulation is made under the Wine Overseas Marketing Act 1929-1936. Failure to adhere to the stipulated fee structure might result in disputes or claims from the Chairman or members regarding their entitlements. While the regulation does not explicitly detail specific penalties for non-compliance, breaches of regulations under the Act could potentially lead to civil or administrative actions as prescribed by the Act itself or relevant legal frameworks. The regulation aims to maintain clear and fair compensation practices for the Chairman and members of the Board involved in wine overseas marketing activities. By specifying the exact amounts payable under different circumstances and excluding fees for meeting attendance, it provides a transparent guideline for financial obligations, ensuring that all parties are aware of their entitlements and the conditions under which they apply. This clarity helps prevent misunderstandings and disputes regarding compensation, thereby supporting the efficient functioning of the Board in its regulatory activities.