Radiocommunications (Licensing and General) Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 1251

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Radiocommunications (Licensing and General) Regulations2 (Amendment)

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 Radiocommunications Act 1983.

Dated 29 May 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. DUFFY

Minister of State for Communications

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1. After regulation 18 of the Radiocommunications (Licensing and General) Regulations the following regulation is inserted in Part V:

Allowances to witnesses

“18a. (1) In this regulation and in Schedule 3a, ‘inquiry’ means an inquiry conducted in pursuance of a direction under sub-section 55 (1) of the Act.

“(2) In Schedule 3a, a reference to the High Court Rules is a reference to the High Court Rules as in force from time to time.

“(3) For the purposes of section 62 of the Act, the allowances for the travelling and other expenses of a person appearing as a witness at an inquiry are those set out in Schedule 3a.”.

Schedule 3a

2. The Radiocommunications (Licensing and General) Regulations are amended by inserting after Schedule 3 the following Schedule:

SCHEDULE 3aRegulation 18a

ALLOWANCES TO WITNESSES

1. Witness appearing before an inquiry to give evidence because of professional, scientific or other special skill or knowledge—a fee for each day on which he or she 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 before an inquiry—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 before an inquiry to give expert evidence—in addition to any other fee payable under Item 1 or 2, a reasonable amount for qualifying to give that evidence.

4. Witness appearing before an inquiry—such amount as is reasonable—

(a) for conveyance to and from the place at which the inquiry is held; and

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

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 June 1986.

2. Statutory Rules 1985 No. 195 as amended by 1985 No. 221.