Public Service Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 3501

 

Public Service Regulations2 (Amendment)

THE PUBLIC SERVICE BOARD, acting in pursuance and exercise of the authority conferred upon it by the Public Service Act 1922, hereby makes, subject to the approval of the Governor-General, the following Regulations.

Dated 24 November 1981.

R. W. COLE

Chairman

R. J. YOUNG

Commissioner

J. V. MONAGHAN

Commissioner

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby approve the following Regulations.

Dated 26 November 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. L. CARRICK

Minister of State for National Development and Energy for and on behalf of the Prime Minister

 

Commencement

1. These Regulations shall come into operation on 4 December 1981.

Operation of State laws in certain cases

2. Regulation 74c of the Public Service Regulations is amended by omitting “, made by Australia to an officer in pursuance of these Regulations, or under the authority of the Board” and substituting “that, but for the Act. could not lawfully have been paid to an officer”.

3. The Public Service Regulations are amended by inserting after regulation 78 the following regulation:

Where certain allowances are payable under determinations under section 82d of the Act, certain allowances are not payable under these Regulations

“79. (1) Where a determination made by the Board under section 82d of the Act provides for the payment to a person of an allowance in respect of the use of a motor vehicle, an allowance is not payable under regulation 90 or 90a to the person in respect of that use of that vehicle.

“(2) Where a determination made by the Board under section 82d of the Act provides for the payment to a person of an allowance in respect of

(a) the transport in or on a motor vehicle of another person whose cost of conveyance would otherwise be borne by the Commonwealth;

(b) the transport of equipment, tools or materials belonging to or hired by the Commonwealth; or

(c) the haulage of a caravan or trailer belonging to or hired by the Commonwealth.

an allowance is not payable under regulation 90b to the first-mentioned person in respect of that transport of that other person, that equipment, those tools or those materials or in respect of that haulage of that caravan or trailer.”.

Reimbursement of fares upon change of location of branch, &c.

4. Regulation 79c of the Public Service Regulations is amended

(a) by omitting from paragraph (3) (b) “under sub-regulation 90 (4) if the officer were using the motor vehicle in pursuance of an authority given under sub-regulation 90 (2)” and substituting “if the officer were so using the motor vehicle for official purposes in pursuance of an authority given by his Chief Officer”;

(b) by omitting sub-paragraph (3) (c) (ii) and substituting the following sub-paragraph:

“(ii) an amount equal to the amount that would be payable if, for the purpose of so transporting himself by the most direct convenient route, the officer were using for official purposes, in pursuance of an authority given by his Chief Officer, a motor vehicle having an engine capacity of 1500 cubic centimetres or less, not being a motor vehicle powered by a rotary engine,”; and

 

(c) by omitting from paragraph (4) (b) “under sub-regulation 90 (4)” and substituting “for the use of the vehicle for official purposes”.

5. Regulation 79d of the Public Service Regulations is repealed and the following regulation substituted:

Distance travelled, for the purpose of regulation 79c

“79d. In calculating, in respect of a journey, the distance travelled, for the purposes of an allowance under regulation 79c, any part of the journey for which an allowance has been paid in respect of the use of a motor vehicle for official purposes shall be taken into account as if it were distance travelled for which an allowance had been paid under that regulation.”.

Clayton allowance

6. Regulation 79e of the Public Service Regulations is amended by omitting from paragraph (3) (d) “under sub-regulation 90 (4)” and substituting “for the use of a motor vehicle for official purposes”.

Reimbursement of fares—illness or accident—remote districts

7. Regulation 98a of the Public Service Regulations is amended

(a) by omitting from sub-regulation (4) “or rate of motor vehicle allowance under regulation 90a, inclusive of return journey,”; and

(b) by inserting at the end thereof the following sub-regulation:

“(6) for the purposes of sub-regulation (1), where for the purposes of obtaining the nearest medical aid a motor vehicle is used for any part of a journey, or return journey, in respect of which the cost of transport is not determined in accordance with sub-regulation (4), the reference to the cost of transport shall be read as a reference to the amount that would have been payable in respect of the distance so travelled if, when so travelling, the officer had used the vehicle for official purposes.”.

Payment of travelling or motor vehicle allowance to certain persons

8. Regulation 175 of the Public Service Regulations is amended by omitting “, 80a and 90a and any determinations relating to travelling allowance made under section 82d of the Act.” and substituting “and 80a, Public Service Board Determination 1981/1 in so far as it relates to travelling allowance and Public Service Board Determination 1981/3”.

Payment of allowances to persons promoted or transferred

9. Regulation 176 of the Public Service Regulations is amended by omitting “90a, 97, 97d, 119 and 120, and any determinations relating to travelling allowance made under section 82d, of the Act”,and substituting” 97, 97d, 119 and 120, Public Service Board Determination 1981/1 in so far as it relates to travelling allowance and Public Service Board Determination 1981/3”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 December 1981.

2. Statutory Rules 1935 No. 18 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 9 and see also