Resource Assessment Commission Regulations (Cth)

Resource Assessment Commission Regulations

Statutory Rules 1989 No. 180 as amended

made under the

Resource Assessment Commission Act 1989

This compilation was prepared on 10 January 2001

taking into account amendments up to SR 1992 No. 35

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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    1Citation [see Note 1]

 These Regulations may be cited as the Resource Assessment Commission Regulations.

2Interpretation

 In these Regulations, unless the contrary intention appears:

High Court Rules means the High Court Rules as in force from time to time.

the Act means the Resource Assessment Commission Act 1989.

3Allowances and remuneration to persons giving evidence

• (1)

  For the purposes of subsections 38 (1) and (2) of the Act, the allowances set out in Schedule 1 are prescribed.

• (2)

  For the purposes of paragraph 38 (3) (a) of the Act, the remuneration set out in Schedule 2 is prescribed.

4Allowances payable to Commissioners

 For the purposes of subsection 48 (2) of the Act:

• (a)

  the Chairperson is to be paid the allowances payable to a Secretary to a Department of the Australian Public Service; and

• (b)

  a special Commissioner is to be paid the allowances payable to a Senior Executive Service officer in that Service.

Schedule 1Allowances to witnesses for travelling and other expenses

(subregulation 3 (1))

  

1. Witness appearing at a hearing because of professional, scientific or other special skill or knowledge — an allowance for each day on which the witness so appears of the amount provided for in the High Court Rules for the expenses of witnesses possessing such skill or knowledge.

2. Witness, other than a witness referred to in Item 1, appearing at a hearing — an allowance ascertained as follows:

• (a)

  in the case of a witness remunerated by wages, salary or fees — an allowance of the amount provided for in the High Court Rules for the expenses of witnesses so remunerated; or

• (b)

  in any other case — an allowance of the amount provided for in the High Court Rules for the expenses of witnesses other than a witness referred to in Item 1.

3. Witnesses appearing at a hearing to give expert evidence — in addition to any other allowance payable under Item 1 or 2, a reasonable allowance for qualifying to give that evidence.

4. Witness appearing at a hearing — an allowance of such amount as is reasonable:

• (a)

  in respect of conveyance to and from the place at which the witness so attends; and

• (b)

  if required to be absent overnight from the witness’s usual place of residence — for meals and accommodation.

Schedule 2Remuneration to persons giving evidence

(subregulation 3 (2))

  

1. Person giving evidence to, or producing documents at, an inquiry because of professional, scientific or other special skill or knowledge — remuneration, for each day on which the person performs work involved in collecting and preparing the evidence or documents, of the amount provided for in the High Court Rules for the expenses of witnesses possessing such skill or knowledge.

2. Person, other than a person referred to in Item 1, giving evidence to, or producing documents at, an inquiry — remuneration ascertained as follows:

• (a)

  in the case of a person remunerated by wages, salary or fees — remuneration for the performance of work involved in collecting and preparing evidence or documents of the amount provided for in the High Court Rules for the expenses of witnesses remunerated by wages, salary or fees; or

• (b)

  in any other case — remuneration, for the performance of work involved in collecting and preparing evidence or documents, of the amount provided for in the High Court Rules for the expenses of witnesses other than a witness referred to in Item 1.

3. Person giving evidence to, or providing documents at, an inquiry who gives expert evidence — in addition to any other remuneration payable under Item 1 or 2, a reasonable allowance for qualifying to give that evidence.

Notes to the Resource Assessment Commission Regulations

Note 1

The Resource Assessment Commission Regulations (in force under the Resource Assessment Commission Act 1989) as shown in this compilation comprise Statutory Rules 1989 No. 180 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1989 No. 180	6 July 1989	6 July 1989
1992 No. 35	7 Feb 1992	7 Feb 1992	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Rr. 3, 4....................................	am. 1992 No. 35