High Commissioner (Staff) Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No.

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REGULATIONS UNDER THE HIGH COMMISSIONER (UNITED KINGDOM) ACT 1909-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the High Commissioner (United Kingdom) Act 1909-1966.

Dated this twentieth day of September, 1969.

Paul Hasluck

Governor-General

By His Excellency’s Command,

Prime Minister.

 

Amendments of the High Commissioner (Staff) Regulations  

Interpretation.

1. Regulation 4 of the High Commissioner (Staff) Regulations is amended by inserting in sub-regulation (1.), after the definition of “classification”, the following definition:—

“‘Deputy High Commissioner’ means a Deputy High Commissioner holding office under the Act;”.

2.After regulation 4 of the High Commissioner (Staff) Regulations the following regulations are inserted:—

Deputy High Commissioners.

“4a.—(1) For the purposes of the Act, there shall be two Deputy High Commissioners.

“(2.) Subject to these Regulations, a Deputy High Commissioner holds office for such period as is specified in the instrument of his appointment, but is eligible for re-appointment.

“(3.) The Governor-General may, by instrument in writing, determine that the next succeeding sub-regulation shall apply to a Deputy High Commissioner.

“(4.) A Deputy High Commissioner to whom this sub-regulation applies shall be paid salary at the rate of Nineteen thousand five hundred dollars per year.

“(5.) A Deputy High Commissioner, other than a Deputy High Commissioner to whom the last preceding sub-regulation applies, shall be paid salary at the rate of Eleven thousand seven hundred and twenty-eight dollars per year.

“(6.) A Deputy High Commissioner shall be paid such allowances (if any) as the Governor-General determines.

“(7.) Subject to the preceding sub-regulations of this regulation, a Deputy High Commissioner holds office on such terms and conditions as are, for the time being, applicable to him in accordance with a determination of the Governor-General and as are applicable to him by virtue of these Regulations.

 

* Notified in the Commonwealth Gazette on 1969

  Statutory Rules 1960 as amended by Statutory Rules 1965. No, 87; 1966, No, 76; 1967, Nos. 29 and 79; 1968, Nos. 21, 103, 128 and 164; and 1969, No, 74.

18874/69—Price 8c  10/2.9.1969

Acting Deputy High Commissioner.

“4b.—(1.) Where a Deputy High Commissioner is, or is expected to be, absent from duty, or there is a vacancy in an office of Deputy High Commissioner, the High Commissioner may appoint a person to act as Deputy High Commissioner during the absence or until the filling of the vacancy.

“(2.) The High Commissioner may, at any time, terminate the appointment of a person appointed under the last preceding sub-regulation.

“(3.) A person appointed to act as Deputy High Commissioner during the absence from duty of a Deputy High Commissioner—

(a) shall be paid salary at the rate at which salary is payable to that Deputy High Commissioner and such allowances (if any) as the Governor-General determines; and

(b)holds office, subject to these Regulations, on such terms and conditions as the Governor-General determines in relation to him or, in the absence of such a determination, as are applicable to that Deputy High Commissioner.

“(4.) A person appointed to act as a Deputy High Commissioner during a vacancy in an office of Deputy High Commissioner—

(a) shall be paid salary at the rate at which salary was payable to the Deputy High Commissioner who held the office immediately before the occurrence of the vacancy and such allowances (if any) as the Governor-General determines; and

(b) holds office, subject to these Regulations, on such terms and conditions as the Governor-General determines in relation to him or, in the absence of such a determination, as were applicable to the Deputy High Commissioner who held the office immediately before the occurrence of the vacancy.

“(5.) A person appointed to act as a Deputy High Commissioner, while so acting, has all the powers and shall perform all the functions of the Deputy High Commissioner in whose place he is acting.

Application of these Regulations to a Deputy High Commissioner.

“4c—(1.) Regulations 11, 13, 15 to 23 (inclusive), 27a, 29, 32, 35, 35a and 35b of these Regulations do not apply to or in relation to a Deputy High Commissioner or to or in relation to an office of Deputy High Commissioner.

“(2.) Subject to the provisions of the Officers’ Rights Declaration Act 1928-1959 in its application to a Deputy High Commissioner who was, immediately before he was appointed a Deputy High Commissioner, an officer in the Public Service of the Commonwealth, and to the last preceding sub-regulation, regulation 4 of these Regulations, and the succeeding regulations of these Regulations, apply to and in relation to the service of a Deputy High Commissioner under the Act to the extent to which they are not inconsistent with the terms and conditions on which the Deputy High Commissioner holds office by virtue of a determination under sub-regulation (7.) of regulation 4a of these Regulations.

“(3.) The preceding sub-regulations of this regulation apply to and in relation to a person who is acting in an office of Deputy High Commissioner as if—

(a) references to a Deputy High Commissioner were read as references to such a person;

(b)the reference to the appointment of a Deputy High Commissioner were read as a reference to the person commencing to act in the office of Deputy High Commissioner; and

(c) the reference to the terms and conditions on which the Deputy High Commissioner holds office by virtue of a determination under sub-regulation (7.) of regulation 4a of these Regulations were read as a reference to the terms and conditions applicable to the person under sub-regulation (3.) or (4.), as the case may be, of the last preceding regulation.”.

 

3. Regulation 5 of the High Commissioner (Staff) Regulations is repealed and the following regulation inserted in its stead:—

Powers and functions of a Deputy High Commissioner or the Official Secretary,

“5.—(1.) A Deputy High Commissioner has such powers and shall perform such functions as the High Commissioner determines.

“(2.) The Official Secretary shall, in exercising powers and performing functions conferred on him or delegated to him under these Regulations exercise those powers and perform those functions subject to these Regulations and to any directions given to him by the High Commissioner or by a Deputy High Commissioner authorized by the High Commissioner to give directions to him.

“(3.) A Deputy High Commissioner authorized by the High Commissioner to do so may exercise all or any of the powers conferred on the Official Secretary by these Regulations.

“(4.) A reference in these Regulations to the Official Secretary shall be read as including a reference to a Deputy High Commissioner authorized by the High Commissioner under the last preceding sub-regulation.”.

Delegations.

4. Regulation 6 of the High Commissioner (Staff) Regulations is amended—

(a) by omitting from sub-regulations (1.) and (3.) the words “the Deputy High Commissioner” and inserting in their stead the words “a Deputy High Commissioner”; and

(b) by omitting sub-regulation (5.).

Composition of the Service.

5. Regulation 7 of the High Commissioner (Staff) Regulations is amended by inserting before paragraph (a) the following paragraph:—

“(aa) the Deputy High Commissioners;”.

Promotions Appeal Committee.

6. Regulation 22 of the High Commissioner (Staff) Regulations is amended by inserting after sub-regulation (7.) the following sub-regulation:—

“(7a.) For the purpose of the last preceding sub-regulation, the Official Secretary, or an officer authorized in writing by the High Commissioner, may administer the oath or affirmation to a member of the Promotions Appeal Committee.”.

Proficiency allowance.

7. Regulation 33 of the High Commissioner (Staff) Regulations is amended by omitting the words “the Deputy High Commissioner” (wherever occurring) and inserting in their stead the words “a Deputy High Commissioner”.

Meal allowance.

8. Regulation 40 of the High Commissioner (Staff) Regulations is amended by omitting from sub-regulation (1.) the words “Ten shillings” and inserting in their stead the words “Thirteen shillings and sixpence”.

Fourth Schedule.

9. The Fourth Schedule to the High Commissioner (Staff) Regulations is amended by omitting the words “the Deputy High Commissioner” and inserting in their stead the words “a Deputy High Commissioner”.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra