Wine Overseas Marketing (Staff) Regulations

Legislation au C1938L00068 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1938. No. 68.

––––––––

REGULATIONS UNDER THE WINE OVERSEAS MARKETING ACT 1929-1936.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Overseas Marketing Act 1929-1936.

Dated this Twenty ninth day of June , 1938.

HUNTINGFIELD

Administrator.

By His Excellency’s Command,

Acting Minister of State for Commerce.

–––––––––––

Wine Overseas Marketing (Staff) Regulations.

Citation.

1. These Regulations may be cited as the Wine Overseas Marketing (Staff) Regulations.

Repeal.

2. The Wine Overseas Marketing (Staff) Regulations (being Statutory Rules 1936, No. 125, as amended by Statutory Rules 1937, No. 77 and 1938, No. 27) are repealed.

Definitions.

3.—(1.) In these Regulations, unless the contrary intention appears—

“officer” means an officer appointed under section 13 of the Act;

“the Act” means the Wine Overseas Marketing Act 1929-1936;

“the Overseas representative” means the person appointed to act outside Australia as the representative of the Board and includes any person for the time being acting as the overseas representative of the Board;

“the Secretary” means the Secretary to the Board, and includes any person for the time being acting as Secretary to the Board.

(2.) In these Regulations, any reference to a Table shall be read as a reference to a Table contained in the Schedule to these Regulations.

Salaries of officers.

4.—(1.) An officer appointed, transferred or promoted by the Board to an office specified in Table A shall, subject to this regulation, be paid the minimum salary set out in that Table opposite to that office, or such higher salary (not exceeding the maximum salary so set out) as the Board determines.

 

* Notified in the Commonwealth Gazette on  , 1938.

3315.—8/17.6.1938.—Price 3d.


(2.) Such increments of salary (if any) as the Board determines shall be paid to officers, but so that the annual salary of an officer shall not exceed the maximum salary set out in Table A opposite to the office occupied by that officer.

(3.) The salaries and allowances (if any) of officers stationed in London shall be paid in English currency.

Office hours.

5.—(1.) Subject to the next succeeding sub-regulation, the hours of attendance to be observed by officers shall, subject to these Regulations, be—

(a) on days other than Saturdays—from nine o’clock in the morning to five o’clock in the afternoon, with an interval for luncheon of one hour; and

(b) on Saturdays—from nine o’clock in the morning to twelve o’clock noon.

(2.) Where the nature of the duties of an officer does not permit his attendance during the hours prescribed by the last preceding sub-regulation, the hours of attendance of that officer shall be as determined by the Board.

Duty after office hours.

6. The Secretary may, whenever necessary, require an officer to perform work after the usual hours.

Overtime.

7.—(1.) The Secretary may, if he is satisfied as to the necessity therefor, authorize the working of overtime by officers.

(2.) Overtime shall be recorded and shall be paid for subject to, and in accordance with, the provisions of these Regulations.

(3.) The hourly rate of overtime shall be based on time and a half, and shall be calculated in accordance with the following formula:—

     

(4.) The minimum rate of payment for overtime shall be One shilling per hour.

(5.) Payment for overtime shall be made in respect of time worked in excess of forty-four hours per week and shall be calculated to the nearest quarter of an hour of the total time so worked.

(6.) Officers in receipt of salary exceeding £450 per annum shall not be entitled to receive payment for overtime.

Meal allowances.

8. Where an officer is required to remain on duty after six o’clock in the afternoon and is not paid overtime in respect thereof, he shall be granted a meal allowance of Three shillings if that attendance necessitates his obtaining a meal away from home.

Absence from duty during office hours.

9.—(1.) Except by express permission of the Secretary an officer shall not absent himself from his office during office hours.

(2.) Where the Secretary permits an officer to absent himself from his office during office hours, the Secretary may grant leave, either with or without pay, in respect of that absence.


Recreation Leave.

10.—(1.) The Board may grant recreation leave to an officer, on the completion of each period of twelve months’ continuous employment, for any period or periods not being in the aggregate less than twelve working days, nor more than eighteen working days, in respect of any period of twelve months.

(2.) Any leave accumulated in excess of six weeks shall be forfeited.

Absence from duty in case of illness or emergency.

11.—(l.) If an officer is prevented from illness or other emergency from attending his duty, he shall immediately report the fact to the Secretary.

(2.) Where an officer is prevented from attending his duty on account of illness, the Board may, on production of satisfactory medical evidence, grant to that officer leave of absence, with pay, for such period as the Board determines.

(3.) Where an officer is prevented from attending his duty on account of illness, and is unable to produce satisfactory medical evidence, the Board may grant to that officer leave of absence, without pay, for such period as the Board determines.

Rate of Travelling Allowance.

12.(1.) Subject to the next succeeding sub-regulation officers who are required to travel on the business of the Board—

(a) shall be paid travelling allowance in accordance with Table B; and

(b) shall be allowed first class rail or steamer fares.

(2.) If the Overseas representative is required to travel in either direction between Australia and the United Kingdom in order that he may perform the duties of his office, he shall be paid, in lieu of travelling allowance while on board ship, the sum of Twenty-five pounds for out-of-pocket expenses incurred during the voyage.

(3.) Unless his appointment is terminated by death or by his own act or default, the Overseas representative shall, if he resided in Australia at the time of his appointment, be entitled to a first class passage to Australia on the termination of his appointment.

Entertainment allowance.

13. The Overseas representative shall be paid an allowance at the rate of Two hundred and twenty pounds per annum for entertainment expenses.

Employment of Inspectors.

14. (1.) The Board may employ Inspectors to examine wine intended for export and to report thereon to the Board.

(2.) An inspector shall perform his duties under this regulation in accordance with the directions of the Board, or of an officer thereto authorized by the Board, and shall be paid for his services the sum of Two pounds two shillings for each day or part of a day during which he is required to perform those duties.

Secretary to report to Board as to certain matters.

15. The Secretary shall report to the Board, whenever the necessity arises, any alterations which are, in his opinion, necessary or expedient for the more economical, efficient or convenient working of his office, and any alterations which are, in his opinion, necessary in the salaries or allowances of officers, and shall bring under the notice of the Board any matter in relation to an officer, or to the working of his office, with which he thinks it desirable that the Board should be acquainted.


Officers stationed overseas.

16. The powers and functions conferred by these Regulations on the Board or the Secretary may, in the case of officers stationed overseas, be exercised, subject to any resolution of the Board, by the Overseas representative.

–––––––––

THE SCHEDULE.

–––––––

Reg. 3 (2.).

Table A.

Office.

Annual Salary.

Minimum.

Maximum.

 

£

£

Secretary to the Board.............................

500

650

Overseas Representative............................

1,000

1,500

Clerk.........................................

150

312

Typist........................................

104

208

Table B.

Office.

Travelling allowance—rate per day calculated from the date of departure to date of return inclusive.

 

£

s.

d.

Secretary to the Board.........................

1

10

0

Overseas Representative........................

1

11

6

Other officers of the Board......................

1

5

0

–––––––––––––––––––

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Wine Overseas Marketing (Staff) Regulations 1938 were enacted under the authority of the Wine Overseas Marketing Act 1929-1936 to establish the framework for the remuneration and employment conditions of staff involved in the overseas marketing of wine by the Board. The purpose of this legislation was to ensure that the staff responsible for promoting Australian wine abroad were adequately compensated and managed. These regulations were created by the Administrator of the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council, to provide clear guidelines on matters such as salaries, working hours, overtime, allowances, and leave entitlements for the Board's staff. The overarching policy objective was to facilitate efficient and economical operations in the overseas marketing of Australian wine, ensuring that staff were properly incentivised and managed to effectively carry out their duties.

Scope and Application

The Wine Overseas Marketing (Staff) Regulations 1938, made under the Wine Overseas Marketing Act 1929-1936, pertain to the administration of staff for the Wine Overseas Marketing Board. These regulations apply to officers appointed under section 13 of the Act, the Secretary to the Board, and the overseas representative, who are all integral to the operational functions of the Board. Geographically, these regulations have a national scope within Australia, as they are issued by the Commonwealth Government. The regulations establish the framework for the remuneration, working conditions, and allowances for these officers, ensuring that they are adequately compensated for their roles, which include overseeing the marketing of Australian wine overseas. Notably, officers stationed in London receive their salaries in English currency. The Act does not explicitly state any exclusions or thresholds within these regulations, but the provisions for overtime, meal allowances, and recreation leave are clearly outlined to maintain operational efficiency and employee welfare. These regulations are complemented by subordinate instruments that may extend or restrict their application, thereby providing a comprehensive governance structure for the staff of the Wine Overseas Marketing Board.

Key Provisions

The Wine Overseas Marketing (Staff) Regulations detail the employment conditions, duties, and allowances for staff employed under the Wine Overseas Marketing Act 1929-1936. These regulations cover several key provisions: salaries (Regulation 4), office hours (Regulation 5), overtime (Regulation 7), meal allowances (Regulation 8), absence from duty (Regulations 9 and 11), recreation leave (Regulation 10), travel allowances (Regulation 12), and allowances for entertainment expenses (Regulation 13). The Board has the authority to set salaries for officers (Regulation 4), determine overtime and overtime rates (Regulation 7), and approve leave and allowances (Regulations 9, 10, and 12). Officers are also entitled to meal allowances if they must remain on duty past six o’clock in the afternoon without overtime pay (Regulation 8). The regulations impose specific obligations on the Board and officers. The Board must ensure that officers adhere to office hours, grant necessary leave, and approve overtime and allowances. Officers, in turn, must adhere to prescribed office hours, report absences due to illness or emergencies, and comply with overtime and meal allowance provisions. The Secretary must report to the Board on any necessary changes to office operations or officer salaries (Regulation 15). Violations of these regulations can result in penalties, though specific penalties are not detailed within the provided text. Generally, failure to comply with stipulated conditions such as office hours, overtime regulations, or leave approvals could lead to disciplinary actions or other consequences as determined by the Board. The regulations aim to ensure the efficient and economical operation of the Board's office while providing clear guidelines for staff conduct and entitlements.

Legal classification tags

Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Salaries of officers
Office hours

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.