Public Service Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 264

REGULATIONS UNDER THE PUBLIC SERVICE ACT 1922*

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 this thirtieth day of November, 1979.

R.W. COLE

Chairman

J.C. TAYLOR

Commissioner

R.J. YOUNG

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 this fifth day of December, 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

Minister of State for Employment and Youth Affairs for and on behalf of the Prime Minister

 

* Notified in the Commonwealth of Australia Gazette on 12 December 1979.

14226/79 Cat. No.  —Recommended retail price 20c 13/21.9.1979

 

AMENDMENT OF THE PUBLIC SERVICE REGULATIONS*

1. Regulation 87b of the Public Service Regulations is repealed and the following regulation substituted:

Dependant allowance

“ 87b. (1) Subject to sub-regulation (2), where the annual rate of salary payable to a prescribed officer is less than $6463.00 per annum, he shall be paid an allowance at the rate equal to the difference between the rate of $6463.00 per annum and the annual rate of salary so payable to him.

“ (2) The allowance referred to in sub-regulation (1) shall not be payable to an officer in respect of any period during which he is on leave of absence without pay or with part pay.

“ (3) In this regulation—

‘ child ’, in relation to an officer, includes an adopted child, an ex-nuptial child, a foster child, a step child or a ward of the officer;

‘ officer ’ includes an employee;

‘ prescribed officer ’ means an officer who has not attained the age of 21 years and upon whom—

(a) a spouse of the officer;

(b) a child of the officer; or

(c) a person other than a spouse or child of the officer, being a person who has not attained the age of 16 years and is residing with the officer,

is wholly or substantially dependent.”.

Transitioned

2. (1) In this regulation, “ prescribed person ” means a person who—

(a) was, immediately before the commencement of these Regulations, entitled to be paid an allowance under regulation 87b of the Public Service Regulations; and

(b) if these Regulations had not been made, would have continued to be, and would be, so entitled.

(2) Where a prescribed person is not entitled to be paid an allowance under regulation 87b of the Public Service Regulations as amended by these Regulations, that person shall be entitled to be paid an allowance at the same rate as the allowance to which he would have been entitled under regulation 87b of the Public Service Regulations if these regulations had not been made.

(3) Where, at any time, a prescribed person is entitled to be paid an allowance under regulation 87b of the Public Service Regulations as

 

* Statutory Rules 1935 No. 18 as amended to date. For previous amendments see footnote * on the second page of Statutory Rules 1979 No. 9 and see also Statutory Rules 1979 Nos. 9, 10, 68, 78, 143 and 179.

amended by these Regulations at a rate that is less than the rate of allowance to which he would at that time have been entitled under regulation 87b of the Public Service Regulations if these Regulations had not been made, that person shall be entitled, while the rate of allowance payable to him under that regulation as amended by these Regulations continues to be less than that other rate of allowance, to be paid, in lieu of an allowance under regulation 87b, an allowance at that other rate.

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