Public Service (Parliamentary Officers) Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 190

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and on the recommendation of the President of the Senate and the Speaker of the House of Representatives, hereby make the following Regulations under the Public Service Act 1922.

Dated this fifth day of October 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

R. I. VINER

Minister for Aboriginal Affairs for and on behalf of the Prime Minister

AMENDMENTS OF THE PUBLIC SERVICE (PARLIAMENTARY OFFICERS) REGULATIONS 

Meal allowance

1. Regulation 55 of the Public Service (Parliamentary Officers) Regulations is amended by omitting from sub-regulation (1) “ $2 ” and substituting “ $4.10 ”.

Rates of travelling allowance

2. Regulation 57 of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting sub-regulations (1), (1a) and (2) and substituting the following sub-regulations:

“ (1) Where an officer is absent overnight from his headquarters, there is payable to the officer in respect of

* Notified in the Commonwealth of Australia Gazette on 12 October 1978.

Statutory Rules 1941 No. 18 as amended by Statutory Rules 1941 No. 309; 1942 No. 249; 1947 Nos. 13, 62, 154 and 165; 1951

 Nos. 26, 27, 78 and 117; 1952 No. 54; 1953 Nos. 72 and 94; 1954 Nos. 116 and 120; 1955 No. 44; 1956 Nos. 56 and 57; 1957 No. 26; 1958 Nos. 19, 44 and 66; 1959 No. 61; 1960 Nos. 78 and 92; 1961 No. 98; 1962 No. 6; 1963 Nos. 3, 66, 83, 119 and 123; 1964 Nos. 41, 42, 80, 132, 148 and 160; 1965 Nos. 43, 53, 118, 150 and 181; 1966 Nos. 59, 60, 92, 122, 143 and 161; 1967 Nos, 38, 73, 95 and 156; 1968 Nos. 56, 84, 93, 116, 137 and 157; 1969 Nos. 75, 173 and 174; 1970 Nos. 27, 79 and 160; 1972 Nos. 41 and 85; 1973 Nos. 3, 167, 223 and 224; 1974 Nos. 10 and 183; 1975 No. 22; and 1976 No. 2.

the period of a meal specified in column 1 of the following table that is included in the period of the officer's absence—

(a) in the case of an officer whose salary is equal to or greater than the salary of an officer occupying an office classified as Level 1 in the Second Division —whichever of the amounts specified in column 2 or 3 of the table is applicable; or

(b) in the case of an officer whose salary is less than the salary of an officer occupying an office classified as Level 1 in the Second Division—whichever of the amounts specified in column 4 or 5 of the table is applicable:

Column 1	Column 2	Column 3	Column 4	Column 5
Meal	Amount for  capital  city—Level 1 or above	Amount for place other than capital city—Level 1 or above	Rate for capital city— below Level 1	Rate for place other than capital city—below Level 1
$	$	$	$
Breakfast...	4.25	3.60	3.40	3.10
Lunch........	5.90	4.40	3.40	3.10
Dinner.......	8.05	6.30	6.90	5.70

“ (1aa) Where an officer is absent overnight from his headquarters, there is payable to him in respect of his accommodation expenses—

(a) in the case of an officer whose salary is equal to or greater than the salary of an officer occupying an office classified as Level 1 in the Second Division— whichever of the amounts specified in column 1 or 2 of the following table is applicable; or

(b) in the case of an officer whose salary is less than the salary of an officer occupying an office classified as Level 1 in the Second Division—whichever of the amounts specified in column 3 or 4 of the following table is applicable:

Column 1	Column 2	Column 3	Column 4
Amount for capital city—Level 1 or above	Amount for place other than capital city—Level 1 or above	Amount for capital city—below Level 1	Amount for place other than capital city—below Level 1
$	$	$	$
26.15	18.60	20.90	16.05

“ (1ab) Where an officer is absent overnight from his headquarters, there is payable to him in respect of his incidental expenses on each day or part of a day of the period of his continuous absence—

(a) in the case of an officer whose salary is equal to or greater than the salary of an officer occupying an office classified as Level 1 in the Second Division— whichever of the amounts specified in column 1 or 2 of the following table is applicable; or

(b) in the case of an officer whose salary is less than the salary of an officer classified as Level 1 in the Second Division—whichever of the amounts specified in column 3 or 4 of the following table is applicable:

Column 1	Column 2	Column 3	Column 4
Amount for capital city—Level 1 or above	Amount for place other than capital city—Level 1 or above	Amount for capital city—below Level 1	Amount for place other than capital city—below Level 1
$	$	$	$
4.65	4.65	3.75	3.75

“ (1a) For the purposes of sub-regulations (1), (1aa) and (1ab)—

(a) if salary is payable to an officer or employee in accordance with a scale of rates per year, salary shall be deemed to be payable to the officer or employee at the maximum rate in that scale; and

(b) if an officer is in receipt of an allowance payable in pursuance of regulation 66 of these Regulations, salary shall be deemed to be payable to the officer at the rate per year ascertained by adding the rate per year at which salary is, or is to be deemed to be, payable to him and the rate per year at which that allowance is payable to him.”; and

(b) by adding after sub-regulation (5) the following sub-regulation:

“ (6) For the purposes of sub-regulation (1), the Parliamentary Head may specify, in relation to any place, the time of commencement, and duration, of the period of a meal specified in column 1 of the table in that sub-regulation.”.

 

Allowance payable where meals or lodging provided

3. Regulation 58 of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation substituted:

“ 58. Where, during a period in respect of which travelling allowance would, but for this regulation, be payable to an officer or employee under regulation 57—

(a) the officer or employee is provided, at the expense of the Commonwealth—

(i) with both meals and lodging;

(ii) with meals only, not being meals provided while he is travelling on a journey; or

(iii) with lodging only,

 the officer or employee shall not be paid travelling allowance under regulation 57 in respect of that period but shall be paid—

(iv) an amount equal to the amount (if any) expended by the officer or employee on meals or lodging during that period or, if the Parliamentary Head is satisfied that the amount so expended is not reasonable in the circumstances, such amount as the Parliamentary Head considers reasonable; and

(v) such amount in respect of incidental expenses incurred by the officer or employee during that period as the Parliamentary Head determines; or

(b) the officer or employee is travelling on a journey extending overnight and the fare paid in respect of the journey includes payment both for his meals during the journey and for sleeping accommodation provided for him during the journey, the officer or employee shall not be paid travelling allowance under regulation 57 in respect of that period but shall be paid such amount in respect of incidental expenses incurred by him during that period as the Parliamentary Head determines.”.

Repeal of regulation 58a

4. Regulation 58a of the Public Service (Parliamentary Officers) Regulations is repealed.

Allowances payable for use, for official purposes, of private vehicle

5. Regulation 68a of the Public Service (Parliamentary Officers) Regulations is amended—

(a) by omitting sub-regulations (3) and (4) and substituting the following sub-regulation:

“ (4) An officer who uses his motor vehicle in pursuance of an authority given under sub-regulation (2) shall be paid an allowance for each kilometre that the vehicle travels in a prescribed period at whichever of the rates specified in the table in this sub-regulation is applicable:

Column 1	Column 2	Column 3	Column 4
Item	Type of vehicle	Rate of payment per kilometre in cents for each kilometre in the first 12,000 kilometres travelled in the prescribed period	Rate of payment per kilometre in cents for each subsequent kilometre travelled in the prescribed period
1	Motor truck having a carrying capacity of 1 tonne or over.......	18.6	13.0
2	Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders ..............	18.1	12.3
3	Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders..............................	14.0	9.9
4	Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less.......................	12.6	8.8
5	Motor cycle, the engine capacity of which is, or is greater than, 250 cubic centimetres.....................	9.2	6.6
6	Any other motor cycle................	4.4	3.4 ”;

and

(b) by omitting sub-regulation (7) and substituting the following sub-regulation:

“ (7) Where an officer to whom an authority under this regulation has been granted uses his motor vehicle for official purposes, and by reason of that use the officer is required to pay an amount by way of insurance premium that exceeds the amount that that officer would have been required to pay by way of insurance premium if the vehicle was not used or to be used for official purposes, the officer shall be paid by way of re-imbursement an amount equal to the amount of the excess.”.

Allowances for use of private vehicles on specified journeys

6. Regulation 68b of the Public Service (Parliamentary Officers) Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:

Column 1	Column 2	Column 3
Item No.	Type of vehicle	Rate of payment per kilometre in cents
1	Motor truck having a carrying capacity of 1 tonne or  over ...........	13.0
2	Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has more than 6 cylinders ...............	12.3
3	Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 5 or 6 cylinders ........................	9.9
4	Motor car, or motor truck having a carrying capacity of less than 1 tonne, the engine of which has 4 cylinders or less .....................	8.8
5	Motor cycle, the engine capacity of which is, or is greater than, 250 cubic centimetres ...................................................................	6.6
6	Any other motor cycle ................................................................	3.4

Bicycle allowance

7. Regulation 68e of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation substituted:

“ 68e. Where an officer or employee uses, with the approval of the Permanent Head, his bicycle for official purposes, the officer or employee shall be paid an allowance of $0.50 for each day on which he uses his bicycle or, if the officer or employee so uses his bicycle on 4 or more working days in a week, an allowance of $2.00 in respect of the use of his bicycle in that week.”.

8. Regulation 69 of the Public Service (Parliamentary Officers) Regulations is repealed and the following regulation substituted:

Cost of conveyance to place of appointment

“ 69. Where a person is appointed to the Parliamentary Service, whether or not he has previously been an officer or employee, and the place where he is required to perform the duties of his office is not in the city or town in which he was residing at the time of his appointment, the Permanent Head may authorize payment to the person of an amount equal to the cost of conveyance of the person and, if he is married, of his wife and children to that place.”.