EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 374
ISSUED BY THE AUTHORITY OF THE MINISTER FOR COMMUNITY SERVICES AND HEALTH
ACOUSTIC LABORATORIES ACT 1948
Acoustic Laboratories Regulations (Amendment)
Paragraph 6(b) of the Acoustic Laboratories Act 1948 (‘the Act’) provides that the Governor-General may make regulations prescribing the terms and conditions under which the services of the acoustic laboratories may be made available and the charges which may be made for the services.
Regulation 3 of the Acoustic Laboratories Regulations (‘the Regulations’) currently provides for charges for audiometric tests for pilots, flight navigators, flight radio telephone operators and flight engineers.
In accordance with the Government’s policy of providing certain services on a cost recovery basis, the National Acoustic Laboratories (NAL) provides a number of services to other Government organisations and the private sector for which charges should be applied.
The Statutory Rules repeal regulations 2 and 3 of the Regulations. Regulation 2 defines ‘acoustic laboratory’ to mean a laboratory controlled by the Secretary of the Department of Community Services and Health. Regulation 3 increases the charge for audiometric testing conducted by an acoustic laboratory from $10 per test to $60 per hour or part thereof for applicants under the Civil Aviation Regulations and for treatment of Commonwealth compensation clients.
Regulation 4 introduces fees for acoustic testing carried out in the Acoustic Test Facilities at the NAL Central Laboratory. The fees cover the hiring out of the facilities and the specialist assistance provided by NAL staff. Fees for the hire of test rooms at an acoustic laboratory is provided in sub-regulation 4(1) and set out in the Schedule to the Regulations.
Sub-regulation 4(2) sets fees of $13 per hour for the hire of a test instrument under $40,000 and $25 per hour for any other test instrument in an acoustic laboratory. A fee of $64 per hour for the assistance provided by NAL staff is set out in proposed sub-regulation 4(3).
The Statutory Rules also introduce charges for testing hearing protectors at an acoustic laboratory. The proposed fees reflect the fact that the major component of the cost is in the setting up of the test, with a maximum of four hearing protectors being tested at any one time.
Regulation 5 provides for the payment of charges and for the reduction of the rates specified in proposed regulation 4 for Commonwealth, State or Territory authorities or agencies, a body corporate or an educational institution.
The Statutory Rules take effect on and from 1 January 1990.
Overview
The Acoustic Laboratories Regulations (Amendment) Statutory Rules 1989, issued under the authority of the Minister for Community Services and Health, were enacted to address the need for updated fee structures within the Acoustic Laboratories Act 1948. This legislative amendment aims to align with the Government's policy of recovering costs for certain services provided by the National Acoustic Laboratories (NAL). The Regulations repeal the existing definitions and charge structures set out in regulations 2 and 3, introducing new fee schedules for services such as audiometric testing, the use of acoustic test facilities, and the testing of hearing protectors. The new fees reflect the costs associated with the provision of these services, including the hiring of test rooms and instruments and the specialist assistance provided by NAL staff. Additionally, the Regulations provide for reduced rates for certain government entities, state or territory authorities, or educational institutions. The changes were designed to take effect from 1 January 1990.
Scope and Application
The Acoustic Laboratories Regulations (Amendment) Statutory Rules 1989 pertain to the amendment of the existing regulations under the Acoustic Laboratories Act 1948. These regulations apply to the services provided by acoustic laboratories, specifically those controlled by the Secretary of the Department of Community Services and Health, and the fees associated with these services. The amendment primarily concerns the revision of charges for audiometric tests, the hiring of acoustic test facilities, and the testing of hearing protectors. The amendment seeks to align the fees with the cost recovery basis policy by increasing the charges for services provided to various entities including government organisations and the private sector. The new regulations set specific hourly rates for the use of test facilities and instruments, as well as the assistance provided by NAL staff. The changes are effective from 1 January 1990, with certain reductions in fees for Commonwealth, state, or territory authorities or agencies, body corporates, or educational institutions. The amendment does not specify any exclusions or thresholds but allows for adjustments through subordinate instruments to accommodate different entities or circumstances.
Key Provisions
The Acoustic Laboratories Regulations (Amendment) Statutory Rules 1989 No. 374, issued under the authority of the Minister for Community Services and Health, revise the fees and charges applicable to services provided by the National Acoustic Laboratories (NAL) in accordance with the Acoustic Laboratories Act 1948. The primary amendments (Regulation 4) introduce a new fee structure for acoustic testing services and the use of acoustic test facilities at the NAL Central Laboratory. Under the new regulations, fees are charged for the hire of test rooms and test instruments, as well as for the specialist assistance provided by NAL staff (sub-regulation 4(1) to 4(3)). Additionally, the regulations establish new fees for hearing protector testing, which are based on the cost of setting up the test, with a maximum of four hearing protectors being tested simultaneously (Regulation 5). The previous regulations, which set fees for audiometric tests, are repealed (Regulation 3).
These regulations impose several obligations on parties accessing NAL services. Firstly, entities must adhere to the new fee structure outlined in the regulations, which includes charges for the use of acoustic test facilities and test instruments, as well as for the assistance of NAL staff (sub-regulation 4(1) to 4(3)). Secondly, applicants must pay the specified fees for hearing protector testing, reflecting the costs associated with setting up and conducting these tests (Regulation 5). Additionally, certain entities such as Commonwealth, State or Territory authorities or agencies, body corporates, and educational institutions may be eligible for reduced rates as per the provisions in the regulations (sub-regulation 4(4)). These obligations ensure that users of NAL services are aware of and comply with the updated fee structure.
The Statutory Rules do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the compliance with the new fee structure and payment obligations is implicitly crucial. Non-compliance with the payment terms or failure to adhere to the specified fees could result in disputes or administrative actions, though the specific consequences are not detailed in the text. The regulations come into effect on 1 January 1990, marking the commencement of the new fee structure and associated obligations for all parties accessing NAL services.