Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations

Legislation au C1975L00037 Regulations Not in force Legislative Instrument

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Statutory Rules

1975 No. 37

REGULATIONS UNDER THE AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Australian Apple and Pear Corporation Act 1973.

Dated this thirteenth day of March, 1975.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

K. S. WRIEDT

Minister of State for Agriculture.

______

AUSTRALIAN APPLE AND PEAR CORPORATION (REMUNERATION AND ALLOWANCES) REGULATIONS

Citation.

1. These Regulations may be cited as the Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on 1 September 1974.

Definition.

3. In these Regulations, “ the Act ” means the Australian Apple and Pear Corporation Act 1973.

Remuneration of members.

4. (1) The rate of remuneration payable to the Chairman in respect of any day before 1 January 1975 on which he attends a meeting of the Corporation or is engaged, with the approval of the Corporation, on business of the Corporation is—

(a) if the duration of the period, or the aggregate of the periods, on that day during which he so attends or is so engaged is less than 3 hours— $25 per day; or

(b) in any other case—$40 per day.

(2) The rate of remuneration payable to a member (other than the Chairman and the member representing the Australian Government) or to the deputy of a member (other than the deputy of the member representing the Australian

 

* Notified in the Australian Government Gazette on 25 March 1975.


Government) in respect of any day before 1 January 1975 on which he attends a meeting of the Corporation or is engaged, with the approval of the Corporation, on business of the Corporation is—

(a) if the duration of the period, or the aggregate of the periods, on that day during which he so attends or is so engaged is less than 3 hours—$20 per day; or

(b) in any other case—$35 per day.

Travelling allowance for members of Corporation.

5. (1) Subject to regulation 6, where a member, or the deputy of a member, is, for the purpose of attending a meeting of the Corporation or while engaged, with the approval of the Corporation, on business of the Corporation, necessarily absent overnight from the city or town in which he normally resides or, where he does not normally reside in a city or town, the place at which he normally resides, travelling allowance in respect of the period of absence is payable at the rate of $28 per day.

(2) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.

Members— allowances in respect of duties performed outside Australia.

6. (1) Where a member, or the deputy of a member, is engaged outside Australia and the Territories, with the approval of the Corporation, on business of the Corporation, he is entitled to be paid such allowances as he would be entitled to be paid if he were an officer of the Australian Public Service and were included in the Second Division.

(2) A member, or the deputy of a member, who is, or would be, but for the operation of regulation 11, entitled to be paid travelling allowance under sub-regulation (1) in respect of a period is not entitled to be paid travelling allowance under regulation 5 in respect of that period.

Fees for members of Committees.

7. (1) The provisions of this regulation have effect subject to regulation 10.

(2) Subject to sub-regulation (3), the fee payable to a member of a Committee appointed under section 10 of the Act, in respect of a day on which he attends a meeting of the Committee or is engaged (whether in Australia or overseas), with the approval of the Corporation, on business of the Committee is—

(a) if the duration of the period, or the aggregate of the periods, on that day during which he so attends or is so engaged is less than 3 hours— $20 per day; or

(b) in any other case—$35 per day.

(3) The fee payable to a member of a Committee appointed under section 10 of the Act (being a person who is also the Chairman of the Corporation), in respect of a day on which he attends a meeting of the Committee or is engaged (whether in Australia or overseas), with the approval of the Corporation, on business of the Committee is—

(a) if the duration of the period, or the aggregate of the periods, on that day during which he so attends or is so engaged is less than 3 hours—$25 per day; or

(b) in any other case—$40 per day.

Travelling allowance for members of Committees.

8. (1) Subject to regulation 9, where a member of a Committee appointed under section 10 of the Act is, for the purpose of attending a meeting of the Committee or while engaged, with the approval of the Corporation, on business of the Committee, necessarily absent overnight from the city or town in which


he normally resides or, where he does not normally reside in a city or town, the place at which he normally resides, travelling allowance in respect of the period of absence is payable at the rate of $28 per day.

(2) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.

Members of Committees— allowances in respect of duties performed outside Australia.

9. (1) Where a member of a Committee appointed under section 10 of the Act is engaged outside Australia and the Territories, with the approval of the Corporation, on business of the Committee, he is entitled to be paid such allowances as he would be entitled to be paid if he were an officer of the Australian Public Service and were included in the Second Division.

(2) A member of a Committee appointed under section 10 of the Act who is, or would be, but for the operation of regulation 11, entitled to be paid travelling allowance under sub-regulation (1) in respect of a period is not entitled to be paid travelling allowance under regulation 8 in respect of that period.

Reduced fee payable in certain circumstances.

10. Where a person who is—

(a) a member, or the deputy of a member, of the Corporation; and

(b) a member of a Committee appointed under section 10 of the Act,

would, but for the operation of this regulation, be entitled to be paid, in respect of a day, remuneration as a member, or as the deputy of a member, of the Corporation and a fee as a member of a Committee appointed under section 10 of the Act, the fee (if any) that is so payable to him in respect of that day is an amount equal to the amount by which the amount of remuneration that would have been so payable to him in respect of that day if he had attended a meeting of the Corporation throughout the duration of any period or periods on that day during which he—

(c) attended a meeting of the Committee; or

(d) was engaged (whether in Australia or overseas), with the approval of the Corporation, on business of the Committee,

exceeds the amount of remuneration that is so payable to him in respect of that day.

Prohibition against double travelling allowance.

11. A person who is—

(a) a member, or the deputy of a member, of the Corporation; and

(b) a member of a Committee appointed under section 10 of the Act,

is not entitled to be paid, in respect of a period, travelling allowance under—

(c) both regulation 5 and regulation 8; or

(d) both regulation 6 and regulation 9,

as the case may be.

Overview

The Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations 1975 were established to provide specific remuneration and allowances for members and their deputies of the Australian Apple and Pear Corporation under the Australian Apple and Pear Corporation Act 1973. These regulations were enacted by the Administrator of the Government of Australia, following the advice of the Executive Council, and aim to ensure that members of the Corporation and their deputies are compensated appropriately for their duties. The regulations define the rates of remuneration and allowances for attending meetings and conducting business, including specific provisions for travel allowances and remuneration for duties performed outside Australia. The overarching policy objective is to facilitate the effective functioning of the Corporation by providing fair and structured compensation for its members and deputies.

Scope and Application

The Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations, made under the Australian Apple and Pear Corporation Act 1973, apply to the members of the Corporation and the deputies of these members, as well as to members of committees appointed under section 10 of the Act. These regulations specify the remuneration and allowances for these individuals, including the rates of daily remuneration for attending meetings or engaging in Corporation business, travelling allowances for attending meetings or conducting business outside their usual place of residence, and allowances for duties performed outside Australia. The rates of remuneration and allowances are differentiated based on the duration of the engagement and the position held, whether as a member, deputy, or committee member. The regulations also include provisions to prevent double allowances, ensuring that individuals do not receive travel allowances from both the Corporation and a committee simultaneously. These regulations apply across Australia, reflecting a national scope, and are in effect from 1 September 1974, as stipulated in the commencement clause. The regulations do not explicitly state any exclusions or exemptions, but they do provide for reduced fees in certain circumstances to avoid double payment for the same duties.

Key Provisions

The Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations (1975) outline specific provisions regarding the remuneration and allowances for members of the Corporation and its committees. Section 4 sets out the rates of remuneration for the Chairman and other members of the Corporation, which are $25 or $40 per day, depending on the duration of their engagement on Corporation business. Similarly, Section 7 specifies the fees for members of committees appointed under section 10 of the Act, which are also $20 or $35 per day based on the duration of their engagement. The Regulations further provide for travelling allowances for members who are absent overnight from their normal residence while engaged in Corporation or committee business. These Regulations impose specific obligations on the Corporation and its members, particularly regarding the payment of remuneration and allowances. The Corporation must ensure that members and their deputies are compensated at the specified rates for their time spent on Corporation business. This includes calculating the appropriate daily rate based on the duration of engagement and adjusting fees to prevent double payments of allowances, as stipulated in Section 11. Breaches of the provisions under these Regulations can result in civil or criminal consequences. While the specific penalties are not detailed within the text of these Regulations, under the Australian Apple and Pear Corporation Act 1973, penalties for non-compliance could include fines or other civil sanctions. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws or regulations at the time of the offence.

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Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Remuneration of members
Travelling allowance for members of Corporation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.