Australian Competition and Consumer Commission (Allowances) Regulations
Statutory Rules 1983 No. 241 as amended
made under the
Trade Practices Act 1974
This compilation was prepared on 23 October 2000
taking into account amendments up to SR 1995 No. 333
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Allowances payable to members of the Commission
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Australian Competition and Consumer Commission (Allowances) Regulations.
2 Interpretation
In these Regulations, unless the contrary intention appears, the Act means the Trade Practices Act 1974.
3 Allowances payable to members of the Commission
For the purposes of subsection 9 (2) of the Act, the following allowances are prescribed, namely, the allowances payable to an officer of the Australian Public Service.
Notes to the Australian Competition and Consumer Commission (Allowances) Regulations
Note 1
The Australian Competition and Consumer Commission (Allowances) Regulations (in force under the Trade Practices Act 1974) as shown in this compilation comprise Statutory Rules 1983 No. 241 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1983 No. 241 | 28 Oct 1983 | 28 Oct 1983 | |
1995 No. 333 | 3 Nov 1995 | 6 Nov 1995 (see r. 1 and Gazette 1995, No. S423) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | am. 1995 No. 333 |
Overview
The Australian Competition and Consumer Commission (Allowances) Regulations, Statutory Rules 1983 No. 241 as amended, were enacted under the Trade Practices Act 1974 to provide a framework for allowances payable to members of the Australian Competition and Consumer Commission. These regulations address the need for standardised allowances for officers within the Commission, ensuring that they are compensated in line with Australian Public Service standards. The objective of these regulations is to provide clarity and consistency in the allowances given to members of the Commission, thereby supporting the efficient functioning of the Commission in its regulatory role. The regulations were prepared by the Office of Legislative Drafting, Attorney-General’s Department, and this compilation was last updated on 23 October 2000, incorporating amendments up to SR 1995 No. 333. These amendments reflect the ongoing need to adapt the regulations to changes in public service standards and practices.
Scope and Application
The Australian Competition and Consumer Commission (Allowances) Regulations, made under the Trade Practices Act 1974, are primarily concerned with prescribing the allowances payable to officers of the Australian Public Service who are members of the Australian Competition and Consumer Commission. These Regulations serve to clarify and detail the financial allowances that are to be provided to these officers, as specified in subsection 9(2) of the Act. The allowances are intended to ensure that the compensation provided to these officers is in line with their status as members of the Australian Public Service. The Regulations apply to officers of the Australian Public Service who are members of the Commission, ensuring that they receive appropriate financial support as part of their employment terms. The geographic and jurisdictional reach of these Regulations is inherently tied to the national scope of the Trade Practices Act 1974, thereby applying across Australia. There are no specific exclusions, exemptions, or thresholds outlined within these Regulations, which focus solely on the allowances for Commission members. The application of the Regulations can be further extended or modified through subordinate instruments, ensuring that they remain relevant and effective in supporting the members of the Commission.
Key Provisions
The Australian Competition and Consumer Commission (Allowances) Regulations (1983 No. 241, as amended) are subsidiary legislation made under the Trade Practices Act 1974. These regulations detail the allowances payable to members of the Australian Competition and Consumer Commission (ACCC), specifically those who are officers of the Australian Public Service (APS). The main operative section, Section 3, prescribes these allowances for the purposes of subsection 9(2) of the Trade Practices Act 1974.
Under these regulations, certain allowances are specified to be payable to officers of the ACCC. These allowances are intended to ensure that the remuneration and benefits of these officers are in line with those of other APS officers. This is critical for maintaining fairness and consistency within the public service. By detailing these allowances, the regulations help to clarify and formalise the financial entitlements of ACCC members, ensuring they receive appropriate compensation for their roles.
The obligations and requirements imposed by these regulations are primarily directed towards the ACCC and its members. The ACCC must ensure that its officers are paid the prescribed allowances as stipulated in Section 3. This includes keeping accurate records of these payments and ensuring compliance with the detailed provisions. Additionally, officers of the ACCC must accept and abide by the allowances as outlined, ensuring they do not exceed or fall short of the specified amounts.
There are no explicit offences, penalties, or civil/criminal consequences outlined in these regulations for breaches of the prescribed allowances. However, any failure to comply with the allowances specified could potentially lead to disputes or claims regarding remuneration. While the regulations do not detail specific penalties, breaches could result in legal action under the Trade Practices Act 1974 or other relevant employment legislation, potentially leading to financial redress or other remedies.