Australian Film, Television and Radio School (Allowances) Regulations (Amendment) 1995 No. 48
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 48
Issued by the authority of the Minister for Communications and the Arts
Australian Film, Television and Radio School Act 1973
Australian Film, Television and Radio School (Allowances) Regulations (Amendment)
Section 51 of the Australian Film, Television and Radio School Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Subsection 27(2) of the Act provides that the Director of the Australian Film, Television and Radio School (AFTRS) shall be paid such allowances as are prescribed in the regulations.
Before this amendment, regulation 4 of the Australian Film, Television and Radio School (Allowances) Regulations provided:
"For the purposes of subsection 27(2) of the AFTRS Act, the allowances payable to the Director include the allowances set out in Public Service Board Determination 1984/46 as in force at the date of the commencement of this Regulation".
Clause 3.5 of the Public Service Board (PSB) Determination 1984/46 provides that the payment of rental assistance allowance depends upon the relevant Secretary approving a written application from the Director. The maximum period for the payment of this allowance may also be extended by the relevant Secretary.
This amendment corrected a drafting defect in Regulation 4 of the Australian Film and Television School (Allowances) Regulations so that the Council of the Australian Film, Television and Radio School can authorise the allowances to be paid to the Director of the School. This was necessary because the AFTRS does not have a position which could be regarded as a "relevant Secretary",
In order to empower the Council to approve rental assistance for the Director, the Regulations were amended so that the PSB Determination 1984146 is applied as if references to the "relevant Secretary" were references to the Council of the AFTRS.
Regulation 4 was Gazetted on 9 June 1992, but came into effect on 31 January 1989, so that the Director was taken to be entitled to the allowances from that date.
The amendment to the Regulations came into operation in January 1989 in order to validate a decision of the Council to approve rental assistance for the Director of the Council.
This amendment to the Regulations merely cured a drafting anomaly which prevented the Regulations from having any effective operation. The amendment is not prejudicial to any person apart from the Commonwealth and did not impose new liabilities or affect existing rights and obligations.
If the amendment was not made retrospective to the date of commencement of the original Regulation, the Director would presumably have been required, because of a technical defect in the drafting of Regulation 4 to reimburse the Commonwealth monies paid by way of rent assistance. This would be an unfair result.
The amendment to the Regulations has a commencement date of 31 January 1989.
Overview
The Australian Film, Television and Radio School (Allowances) Regulations (Amendment) 1995 No. 48 addresses a drafting error within the existing regulations concerning allowances for the Director of the Australian Film, Television and Radio School (AFTRS). Enacted under the authority of the Minister for Communications and the Arts, these amendments were designed to rectify an oversight in the original regulations, specifically Regulation 4 of the Australian Film and Television School (Allowances) Regulations, which was Gazetted on 9 June 1992 but came into effect on 31 January 1989. The primary issue was that the original regulation referred to a "relevant Secretary" for the approval of rental assistance allowances, a position that does not exist within the AFTRS structure. This oversight could have resulted in the Director potentially needing to repay allowances already received, which the amendment seeks to avoid. The amendment aims to ensure that the Council of the AFTRS can appropriately authorise such allowances, thereby maintaining the integrity of the regulatory framework without imposing new liabilities or affecting existing rights and obligations.
Scope and Application
The Australian Film, Television and Radio School (Allowances) Regulations (Amendment) 1995 No. 48, issued under the authority of the Minister for Communications and the Arts, amends the existing regulations governing allowances for the Director of the Australian Film, Television and Radio School (AFTRS). This amendment rectifies a drafting error in the original regulation that inadvertently prevented the effective operation of the allowances provision. Specifically, the amendment ensures that the Council of the AFTRS can authorise the allowances to be paid to the Director, as the institution does not have a "relevant Secretary" as contemplated in the Public Service Board Determination 1984/46. By substituting references to the "relevant Secretary" with references to the Council of the AFTRS, the amendment allows the Council to approve rental assistance and any extensions of the payment period, thereby addressing the oversight and ensuring the allowance provisions are enforceable. The amendment, effective from 31 January 1989, does not impose new liabilities or affect existing rights and obligations, and was made retrospective to prevent any unfair consequences, such as the potential requirement for the Director to reimburse the Commonwealth.
Key Provisions
The Australian Film, Television and Radio School (Allowances) Regulations (Amendment) 1995 No. 48 amends the existing regulations concerning allowances payable to the Director of the Australian Film, Television and Radio School (AFTRS). Under Section 51 of the Australian Film, Television and Radio School Act 1973, the Governor-General is empowered to make regulations necessary for carrying out or giving effect to the Act. Specifically, Subsection 27(2) of the Act states that the Director of the AFTRS shall be paid such allowances as are prescribed in the regulations. The amendment corrects a drafting defect in Regulation 4, ensuring that the Council of the AFTRS can authorise the allowances to be paid to the Director, as the AFTRS does not have a "relevant Secretary" as defined in the Public Service Board Determination 1984/46.
The obligations and requirements imposed by the amended Regulations are centred around the correction of the drafting error. Regulation 4 now applies the PSB Determination 1984/46 as if references to the "relevant Secretary" were references to the Council of the AFTRS. This change empowers the Council to approve rental assistance for the Director, thus ensuring the allowance process is correctly authorised within the institution. The amendment ensures that the Council, rather than an undefined "relevant Secretary," is the approving authority for rental assistance allowances. This amendment is not retroactive but has been made effective from the original commencement date of 31 January 1989, validating the Council's decision to approve rental assistance for the Director.
The consequences for non-compliance with the amended Regulations are not explicitly stated in the explanatory statement. However, it is implied that failure to correct the drafting defect could result in the Director being required to reimburse the Commonwealth for allowances already paid, which would be an unfair outcome. By correcting the defect, the amendment ensures that the Council's authority is legally recognised, thus avoiding any potential financial burden on the Director or the Commonwealth. The amendment aims to prevent any financial or administrative complications that could arise from the initial drafting oversight.