Supply and Development Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 3691

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Supply and Development 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 Supply and Development Act 1939.

Dated 20 December 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Defence Support

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Interpretation

1. Regulation 5 of the Supply and Development Regulations is amended by omitting the definition of “‘the Secretary’ or ‘the Secretary to the Department’” and substituting the following definition:

“‘the Secretary’ means the person for the time being occupying, or acting in, the office the holder of which is, under the Public Service Act 1922,the Permanent Head of the Department;”.

Functions of the Secretary

2. Regulation 10 of the Supply and Development Regulations is amended by omitting sub-regulation (1).

Secretary to a Board

3. Regulation 20 of the Supply and Development Regulations is amended by omitting from sub-regulation (2) “to the Department”.

Deficient stores or plant

4. Regulation 26 of the Supply and Development Regulations is amended by omitting from sub-regulation (2) “to the Department” (wherever occurring).

 

(S.R. 24/82) —Cat. No.  —Recommended retail price 20c 11/30.11.1982

 

Secretary to Contract Board

5. Regulation 30 of the Supply and Development Regulations is amended by omitting from sub-regulation (1) “to the Department”.

6. After regulation 65 of the Supply and Development Regulations the following regulation is inserted:

No work as directed—no pay

“65a. (1) Where an employee refuses or fails to comply with a direction given by a person having authority to give the direction, being a direction with respect to work that he is performing or is to perform, the Secretary may declare that the employee is not to be paid salary.

“(2) A declaration under sub-regulation (1) in relation to the refusal or failure of an employee to comply with a direction—

(a) shall specify the time (which may be a time before the declaration is made but not earlier than the time when the employee refused or failed, or first refused or first failed, to comply with the direction) from which the declaration shall have effect, or shall be deemed to have had effect; and

(b) has effect and shall be deemed to have had effect, according to its tenor, from the time so specified until it is revoked in accordance with this regulation.

“(3) An employee is not entitled to be paid salary in respect of any period in respect of which a declaration under sub-regulation (1) has effect, or is to be deemed to have had effect, in relation to him.

“(4) The Secretary—

(a) may, at any time, vary or revoke a declaration in force under sub-regulation (1) either wholly or in relation to a specified employee; and

(b) shall, upon becoming satisfied that an employee in respect of whom a declaration under sub-regulation (1) is in force has been complying, or will comply, from a particular time, with all relevant directions with respect to the work that he is performing, or is to perform, given by persons having authority to give those directions, revoke, as from that time, that declaration, or that declaration in its application to that employee, as the case requires.

“(5) A declaration made under sub-regulation (1) in respect of a refusal or failure of an employee to comply with a particular direction, or with particular directions, has effect in accordance with sub-regulation (2) notwithstanding that, at any time while it is in force, the employee—

(a) attends for duty and performs work other than work to which that direction, or any of those directions, as the case requires, relates; or

(b) attends for duty and, in the performance of his work, complies with that direction, or with some or all of those directions, as the case requires, in part only.

 

“(6) A declaration under sub-regulation (1), and a variation or revocation of such a declaration—

(a) shall be made in writing; and

(b) shall be signed—

(i) by the Secretary; or

(ii) by a person to whom the Secretary has delegated his powers under this regulation.

“(7) Subject to sub-regulation (8), the powers conferred on the Secretary by this regulation are in addition to, and not in substitution for, any other powers conferred by or under the Act on the Secretary or on any other person in relation to an employee.

“(8) While a declaration under sub-regulation (1) is in force in respect of the refusal or failure of an officer or employee to comply with a direction, or with two or more directions, proceedings shall not be taken against the employee under regulation 46 in respect of any refusal or failure of the employee in respect of which that declaration was made.

“(9) Where a declaration is made under sub-regulation (1) in respect of an employee, or such a declaration is varied or revoked, the Secretary shall cause the employee concerned to be notified, and may cause such other notice as he deems appropriate to be given, of the making of the declaration or of the variation or revocation of the declaration, as the case may be.

“(10) In this regulation, unless the contrary intention appears—

“direction” includes an order and an instruction;

“salary”, in relation to an employee, includes any remuneration and allowances that are payable in respect of the service of the employee.

“(11) This regulation has full force and effect, and declarations in force under this regulation have full force and effect according to their tenor, notwithstanding any inconsistency with any other provision of these Regulations.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1982.

2. Statutory Rules 1949 No. 59 as amended by 1951 No. 139; 1954 No. 7; 1955 No. 52; 1957 No. 43; 1960 No. 23; 1962 No. 62.

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