Australian Commission on Advanced Education Regulations

Overview

The Australian Commission on Advanced Education Regulations were made under the Australian Commission on Advanced Education Act 1971 by the Governor-General, Paul Hasluck, in accordance with the Federal Executive Council's advice. These regulations were introduced to provide specific guidelines regarding the payment of travelling allowances and sitting fees for members of the Commission and Committees appointed under the Act. The purpose of these regulations is to ensure that members and committee members are adequately compensated for their time and travel expenses incurred in the course of their duties, thereby facilitating their efficient and effective performance of responsibilities. The enacting body was the Governor-General, acting on the advice of the Federal Executive Council, with the intent to support the objectives outlined in the Australian Commission on Advanced Education Act 1971.

Scope and Application

The Australian Commission on Advanced Education Regulations, made under the Australian Commission on Advanced Education Act 1971, primarily applies to the Chairman of the Commission, other members of the Commission, and individuals who are members of a Committee appointed under section 17 of the Act. The Regulations govern the provision of travelling allowances and sitting fees for these individuals when they are undertaking duties related to their roles. Geographically, the application of these Regulations is nationwide as they pertain to the Australian Commission on Advanced Education, which operates on a Commonwealth level. The Regulations outline specific conditions for the payment of travelling allowances to the Chairman and other members, such as the rate of payment and the circumstances under which the allowance is not payable. Sitting fees are also specified based on the duration of the meeting and the individual's position within the Committee. Notably, the Regulations exclude certain individuals, such as those who are officers of or employed by the Commonwealth Public Service or other Commonwealth authorities, from receiving sitting fees if their employment requires them to dedicate their full time to their duties. The Regulations come into effect on specified dates for different categories of individuals and do not include the cost of conveyance as part of the travelling allowance.

Key Provisions

The Australian Commission on Advanced Education Regulations, made under the Australian Commission on Advanced Education Act 1971, provide specific provisions concerning travel allowances and sitting fees for members of the Commission and its Committees. The Chairman of the Commission is entitled to a travelling allowance of twenty-one dollars per day when he is necessarily absent from Canberra overnight in the course of his duties, except when he remains overnight in Melbourne or travels directly from Canberra to Melbourne or vice versa (Regulation 3). Similarly, other members of the Commission and Committee members, who are not members of the Commission, are entitled to the same allowance when they are absent overnight from their ordinary residence in the course of their duties (Regulation 4). It is important to note that these allowances are payable in addition to the cost of conveyance (Regulation 5) and are subject to specific commencement dates (Regulation 8). Sitting fees for Committee members are also outlined, with fees varying based on the duration of the meeting and the member's role (Regulation 4). The Regulations impose clear obligations on the parties they govern. The Commission and its Committees must ensure that eligible members and Committee members are paid the appropriate travelling allowances and sitting fees in accordance with the provisions set out in the Regulations. This includes verifying the necessity of overnight absences and meeting durations to determine the applicable rates. The Regulations also specify that certain public service officers and Commonwealth authority employees are exempt from sitting fees (Regulation 4(2)). The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the provisions concerning travelling allowances and sitting fees. However, breaches of the Australian Commission on Advanced Education Act 1971, under which these Regulations are made, may result in civil or criminal penalties as provided by the Act. It is essential for the Commission and its Committees to adhere to the stipulated guidelines to avoid any potential repercussions associated with non-compliance with the overarching Act.