Inter-State Commission Regulations (Cth)

Statutory Rules 1984 No. 151

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Inter-State Commission Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Inter-State Commission Act 1975.

Dated 9 February 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

PETER MORRIS

Minister of State for Transport

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Citation

1. These Regulations may be cited as the Inter-State Commission Regulations.

Interpretation

2. In these Regulations, “the Act” means the Inter-State Commission Act 1975.

Service of summons to appear before Commission

3. For the purposes of section 15 or 16 of the Act, each of the following manners of serving a summons is prescribed:

(a) where the person named in the summons is an individual—handing the summons to the person or, if on tender of the summons to the person the person refuses to accept it, putting it down in his presence after he has been told of the nature of the summons; or

(b) where the person named in the summons is a corporation—handing the summons to a person apparently an officer of, or in the service of, the corporation and apparently of or above the age of 16 years—

(i) at the registered office of the corporation; or

(ii) if there is no registered office, at the principal place of business or the principal office of the corporation,

or, if on tender of the summons to such a person the person refuses to accept it, putting it down in his presence after he has been told of the nature of the summons.

Witnesses’ fees and expenses

4. (1) A person summoned to appear at an investigation by the Commission shall be paid, in respect of his appearance as a witness, such fees, and such allowances for expenses, in accordance with the scale in the Schedule, as determined by the Commission or by the President.

(2) A reference to the High Court Rules in the scale in the Schedule shall be read as a reference to the High Court Rules as in force from time to time.

Travelling allowance

5. Where a member is absent overnight from his ordinary place of residence in the course of the performance of his duties, otherwise than at the headquarters of the Commission, travelling allowance is payable to him in respect of each overnight stay at the following rates:

(a) for each overnight stay in a capital city—$120; or

(b) for any other overnight stay—$90.

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SCHEDULE Regulation 4

SCALE OF WITNESSES’ FEES AND EXPENSES

1. Witness appearing at an investigation by the Commission to give evidence because of his professional, scientific or other special skill or knowledge—a fee for each day on which he so appears of not less than the lesser amount specified in the High Court Rules in relation to expenses of witnesses possessing such skill or knowledge and not more than the greater amount so specified.

2. Witness, other than a witness referred to in Item 1, appearing at an investigation by the Commission—a fee ascertained as follows:

(a) in the case of a witness remunerated by wages, salary or fees—a fee of such amount as is provided for in the High Court Rules in relation to expenses of witnesses so remunerated:

(b) in any other case—a fee of such amount as is provided for in the High Court Rules in relation to expenses of witnesses generally.

3. Witness appearing at an investigation by the Commission to give expert evidence—in addition to any other fee payable to him under Item 1 or 2, a reasonable amount for qualifying to give that evidence.

4. Witness appearing at an investigation by the Commission—such amount as is reasonable—

(a) in respect of his conveyance to and from the place at which he so attends; and

(b) if he is required to be absent overnight from his usual place of residence—for meals and accommodation.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette on 16 February 1984.

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