Australian Commission on Advanced Education Regulations (Amendment)

Legislation au C1973L00020 Regulations Not in force Legislative Instrument

Select Document

Statutory Rules

1973 No. 20

REGULATIONS UNDER THE AUSTRALIAN COMMISSION ON ADVANCED EDUCATION ACT 1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Commission on Advanced Education Act 1971.

Dated this thirty-first day of January, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

KIM E. BEAZLEY

Minister of State for Education.

Amendments of the Australian Commission on Advanced Education Regulations†

Travelling allowance.

1. Regulation 3 of the Australian Commission on Advanced Education Regulations is amended—

(a) by inserting in sub-regulation (4.), after the word “duties”, the words “as a member of the Commission or the Committee, as the case may be”;

(b) by omitting from sub-regulation (5.) the words “Twenty-one dollars” and inserting in their stead the words “Twenty-five dollars”; and

“(8.) Sub-regulation (4.) of this regulation applies in relation to a member of the Commission (other than the Chairman) who is also a member of a Committee as if duties performed by him as a member of the Committee were performed by him as a member of the Commission.”.

Sitting fees.

2. Regulation 4 of the Australian Commission on Advanced Education Regulations is amended—

(a) by omitting from sub-regulation (4.) the words “Chairman” (wherever occurring) and inserting in its stead the words “Chairman of the Committee”; and

(b) by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraphs:—

“(a) is an officer of, or is temporarily employed in, the Public Service of the Commonwealth;

(aa) is the Chairman of the Commission; or”.

* Notified in the Commonwealth Gazette on 8 February 1973.

† Statutory Rules 1972, No. 43.

3. After regulation 4 of the Australian Commission on Advanced Education Regulations the following regulation is added:—

Living away from home allowance.

“5.—(1.) Where the Chairman ordinarily resides in Melbourne, living away from home allowance is payable to him in accordance with the succeeding sub-regulations of this regulation.

“(2.) The amount of living away from home allowance payable to the Chairman under the last preceding sub-regulation in respect of a period consists of—

(a) an amount calculated at the rate of Twenty dollars per week; and

(b) subject to the next two succeeding sub-regulations, an additional amount calculated at the rate of Five dollars twenty cents per day.

“(3.) An additional amount of living away from home allowance is not payable to the Chairman in respect of a Saturday or a Sunday.

“(4.) Where—

(a) the Chairman is in receipt of travelling allowance in respect of a day or a part of a day;

(b) the Chairman performs duties of his office in Melbourne on a day and does not, on that day, perform any duties of his office during his ordinary working hours in any other place;

(c) the Chairman is absent from duty for a day or a part of a day on leave of absence granted by the Minister, not being leave of absence so granted on account of illness; or

(d) the Chairman is in Melbourne for the whole or a part of a day while absent from duty on account of illness (whether or not the Minister has granted him leave of absence for that day or that part of that day),

an additional amount of living away from home allowance is not payable to the Chairman in respect of that day.

“(5.) In this regulation—

(a) a reference to the ordinary working hours of the Chairman in relation to a day shall be read as a reference to the hours officers employed by the Commission in Canberra are ordinarily required to work on that day;

(b) a reference to the Chairman shall be read as a reference to the person holding the office of Chairman of the Australian Commission on Advanced Education on the date on which this regulation comes into operation, and not otherwise; and

Application.

4.—(1.) The rate specified in sub-regulation (5.) of regulation 3 of the Australian Commission on Advanced Education Regulations as amended by these Regulations applies in relation to travelling allowance paid or payable in respect of the twenty-fourth day of January, 1972, or any subsequent day.

(2.) Living away from home allowance is payable to the Chairman in accordance with regulation 5 of the Australian Commission on Advanced Education Regulations as amended by these Regulations in respect of any period of office of the Chairman from and including the nineteenth day of January, 1972.

Overview

Statutory Rules 1973 No. 20, made under the Australian Commission on Advanced Education Act 1971, addresses adjustments to allowances and fees for members of the Australian Commission on Advanced Education. Enacted by the Governor-General on the advice of the Federal Executive Council, these regulations were introduced to provide clarity and update the financial provisions for commission members' duties and allowances. The primary objective of these amendments is to refine the financial support system for commission members, ensuring that their allowances and fees are accurately aligned with their roles and responsibilities. The regulations include modifications to the travelling allowance for commission members, adjustments to sitting fees, and the introduction of a living away from home allowance for the Chairman. These changes aim to provide fair and appropriate compensation for the services rendered by commission members, reflecting the evolving nature of their duties and the need for updated financial provisions. The amendments were designed to ensure that the commission can continue to operate effectively, with its members adequately supported in their roles.

Scope and Application

The Australian Commission on Advanced Education Regulations, made under the Australian Commission on Advanced Education Act 1971, primarily govern the financial allowances and sitting fees applicable to members of the Australian Commission on Advanced Education and its committees. These regulations apply to the Chairman of the Commission, members of the Commission, and officers of, or temporarily employed in, the Public Service of the Commonwealth. The amendments to these regulations specifically address travelling allowances and sitting fees, providing clear guidelines on the amounts payable and the circumstances under which additional allowances are not applicable. The regulations also introduce a living away from home allowance specifically for the Chairman, detailing the rates and conditions for such allowances. These regulations have a national reach as they are made under Commonwealth legislation and apply across Australia. There are no stated exclusions or exemptions within the provided text, and any further application or restrictions would be detailed in subordinate instruments or additional regulations.

Key Provisions

The Australian Commission on Advanced Education Regulations (1973) include several key amendments to existing provisions, particularly concerning allowances for the Chairman of the Commission. Regulation 3 revises the travelling allowance by adding specific duties for Commission and Committee members, increasing the allowance from twenty-one dollars to twenty-five dollars, and clarifying the application of the allowance when members perform duties for both bodies. Regulation 4 modifies sitting fees, removing references to the Chairman and instead applying them to officers of, or temporarily employed in, the Public Service of the Commonwealth, and to the Chairman of the Commission. A new Regulation 5 introduces a living away from home allowance for the Chairman, specifying that it is payable at a rate of twenty dollars per week plus an additional amount of five dollars twenty cents per day, excluding weekends, provided certain conditions such as duty performance and leave are met. These regulations impose specific obligations on the parties they govern, particularly the Chairman of the Australian Commission on Advanced Education. The Chairman must adhere to the updated allowances and fees as detailed in the regulations, ensuring proper documentation and justification for any claims made under the revised provisions. Additionally, the regulations require that the Chairman's duties and periods of absence be accurately reported to qualify for or disqualify from receiving the living away from home allowance. Violations of these regulations may result in civil or administrative consequences, although the specific penalties are not detailed in the statutory rules. Generally, failure to comply with such regulations could lead to legal challenges regarding the validity of claims made, potential recovery of improperly paid allowances, or other administrative actions. The absence of explicit penalties in these rules implies that the enforcement mechanisms would align with the broader framework of administrative law and the specific provisions of the Australian Commission on Advanced Education Act 1971.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Compliance Obligations

Interactions

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.

Legislation content