Australian Institute of Marine Science Regulations (Amendment)

Overview

The Australian Institute of Marine Science Regulations, enacted in 1973, were formulated to provide detailed administrative and financial provisions under the Australian Institute of Marine Science Act 1972. This legislative instrument was made by the Governor-General on the advice of the Federal Executive Council, with the aim of ensuring the effective administration of the Institute and its committees. The regulations address the need for clear guidelines on fees and allowances for committee members, ensuring that they are appropriately compensated for their time and expenses related to Institute business. The policy objective underpinning these regulations is to facilitate the smooth functioning of the Institute by providing clear and consistent financial support mechanisms for its committee members.

Scope and Application

The Australian Institute of Marine Science Regulations, established under the Australian Institute of Marine Science Act 1972, apply to members of the various Committees appointed under section 45 of the Act. These Regulations specify the fees and allowances payable to members for their attendance at meetings and engagement in Committee business, which includes those within the geographic jurisdiction of the Commonwealth of Australia. These financial provisions ensure that Committee members are compensated for their time and travel expenses when fulfilling their duties on behalf of the Institute. The Regulations do not explicitly exclude any specific persons or entities but rather focus on the procedural financial obligations associated with the roles and responsibilities of Committee members. Additionally, the Regulations can be extended or restricted through subordinate instruments, as needed, to adapt to changing circumstances or requirements.

Key Provisions

The Australian Institute of Marine Science Regulations, as amended, primarily introduce provisions related to the payment of fees and allowances to members of Committees appointed under section 45 of the Australian Institute of Marine Science Act 1972. Specifically, Regulation 6 sets out the fees payable to Committee members for attending meetings and being engaged on business of the Committee, with a distinction made between fees for meetings lasting less than three hours and those lasting longer (Sections 6(1) and 6(2)). Regulation 7 addresses the payment of travelling and other allowances for Committee members who are required to be away from their place of residence for Committee business, including those who travel outside Australia and the Commonwealth Territories (Sections 7(1) to 7(4)). The Act imposes several obligations on the parties involved. Committee members must be compensated for their time and travel expenses incurred in the performance of their duties. For attendance at meetings, fees are specified based on the duration of the meeting: Twenty dollars for meetings lasting less than three hours and Thirty-five dollars for longer meetings (Section 6(1)). Additionally, fees are payable for time spent on Committee business outside of meetings, following similar duration-based criteria (Section 6(2)). If a member attends a meeting and is also engaged on other business on the same day, only the higher fee applicable to the meeting attendance is payable (Section 6(3)). For travel, members are entitled to a daily allowance of Twenty-five dollars for overnight absences required for Committee meetings or business (Section 7(1)). Members engaged in Committee business outside Australia and the Territories of the Commonwealth are entitled to allowances equivalent to those of Second Division officers of the Commonwealth Public Service (Section 7(2)). Importantly, members cannot receive both a daily travelling allowance and allowances as a Second Division officer for the same period (Section 7(3)). All allowances are to be paid in addition to the cost of conveyance (Section 7(4)). There are no explicit provisions in the regulations regarding offences, penalties, or civil/criminal consequences for breach. However, failure to adhere to the stipulated payment of fees and allowances could potentially result in legal challenges or administrative actions for non-compliance with the terms set out in the Regulations. The absence of specific penalties in the text suggests that any enforcement actions would likely be pursued under general legal principles or other applicable legislation.