Overview

Statutory Rules 1973 No. 130, made under the Australian Commission on Advanced Education Act 1971, was enacted to amend the Australian Commission on Advanced Education Regulations. This legislation aimed to address the need for updated financial allowances for the Chairman of the Commission, particularly regarding travel allowances and allowances for service outside Australia and its territories. The Regulations were made by the Governor-General of Australia, Paul Hasluck, on the advice of the Executive Council, and the Minister of State for Education, Kim E. Beazley, signed on behalf of the government. The policy objective was to ensure that the Chairman of the Commission would receive appropriate allowances reflective of the responsibilities and duties associated with their role, particularly when performing duties outside Australia.

Scope and Application

The Australian Commission on Advanced Education Regulations, as amended by Statutory Rules 1973 No. 130, pertain to the administration and financial entitlements of the Australian Commission on Advanced Education. These regulations apply to the Chairman of the Commission, who is entitled to specific allowances for travel and service outside Australia. The amendments introduced by these regulations apply to travelling allowances and special allowances for service performed outside Australia and its territories, effective from 1st April 1973. Notably, the amendments also clarify that the Chairman is not entitled to dual travelling allowances if they receive allowances for service abroad. These regulations extend to the entire Commonwealth of Australia and its territories, thereby ensuring uniformity in the application of allowances across the nation. Subordinate instruments may further refine the application and scope of these regulations, although specific details of such extensions or restrictions are not outlined in this legislative instrument.

Key Provisions

The Australian Commission on Advanced Education Regulations 1973, specifically Statutory Rules 1973 No. 130, detail amendments under the Australian Commission on Advanced Education Act 1971. The key operative sections include the amendment of sub-regulation (3) of regulation 3 to include a new sub-regulation (3a) which sets the travelling allowance at thirty-four dollars per day, and the introduction of a new regulation (3A) concerning allowances for the Chairman of the Commission when performing duties outside Australia. Regulation 3A(1) stipulates that the Chairman is entitled to allowances equivalent to those of the Permanent Head of the Department of Education, provided they are receiving a salary equal to the Secretary to the Department of Education. Regulation 3A(2) clarifies that if the Chairman is entitled to a travelling allowance under regulation 3, they are not entitled to the same under regulation 3A, and regulation 3A(3) specifies that the term 'Chairman of the Commission' does not include an acting Chairman. The obligations imposed by these regulations require the Australian Commission on Advanced Education to adhere to the specified allowances. This includes ensuring that travelling allowances are paid at the rate of thirty-four dollars per day for those entitled under sub-regulation (3a) of regulation 3, and that the Chairman of the Commission receives appropriate allowances when performing duties outside Australia as per regulation 3A. It is also stipulated that any payments made after 1st April 1973 must comply with these new provisions. Breaches of these regulations may result in civil or administrative consequences, although the specific penalties are not detailed within the legislative instrument. Given the nature of the regulations, non-compliance could potentially lead to disputes over the correct amount of allowances due, which might be resolved through administrative or judicial processes. The precise consequences for non-compliance would depend on the context and the specific provisions of the Australian Commission on Advanced Education Act 1971 and related case law.