Australian Institute of Marine Science Regulations

Administered by Department of Industry, Science and Resources

Legislation au F1996B02767 Regulations Not in force Legislative Instrument

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Australian Institute of Marine Science Regulations

Statutory Rules 1972 No. 128 as amended

made under the

Australian Institute of Marine Science Act 1972

This compilation was prepared on 3 February 2003
taking into account amendments up to SR 1992 No. 444

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Application 

 3 Interpretation 

 5 Allowances payable to the Director 

 6 Fees of members of Committees 

 7 Travelling and other allowances of members of Committees 

Notes   

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the Australian Institute of Marine Science Regulations.

2 Application

  These Regulations apply in respect of any period of office of a member on or after the first day of July, 1972.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

Committee means a Committee appointed under section 45 of the Act.

the Act means the Australian Institute of Marine Science Act 1972.

5 Allowances payable to the Director

  For the purposes of subsection 24 (2) of the Act, the allowances, other than travelling allowance, payable to the Director are the same as the allowances that are payable to an officer of the Senior Executive Service in the Australian Public Service.

6 Fees of members of Committees

 (1) For the purposes of section 45 of the Act, there is payable to a member of a Committee for each day on which he attends a meeting of the Committee:

 (a) if the duration of the meeting is less than three hours — a fee of Twenty dollars; or

 (b) in any other case — a fee of Thirty-five dollars.

 (2) Subject to the next succeeding subregulation, for the purposes of section 45 of the Act, there is payable to a member of a Committee for each day in which he is engaged, with the approval of the Minister, on business of the Committee:

 (a) if the duration of the period during which he is so engaged on that day is less than three hours — a fee of Twenty dollars; or

 (b) in any other case — a fee of Thirty-five dollars.

 (3) Where a member of a Committee:

 (a) attends, on a day, a meeting of the Committee; and

 (b) is also, on the same day, engaged for a period, with the approval of the Minister, on other business of the Committee;

a fee is not payable to him in accordance with the last preceding subregulation in respect of the period referred to in paragraph (b) of this subregulation but the fee payable to him in respect of that day in accordance with subregulation (1) of this regulation is the fee that would be payable to him in respect of that day if, on that day, he had, in addition to attending the meeting referred to in paragraph (a) of this subregulation, also attended a meeting of the Committee during the period referred to in paragraph (b) of this subregulation.

7 Travelling and other allowances of members of Committees

 (1) Subject to the next succeeding subregulation, where a member of a committee is necessarily absent overnight from his place of residence:

 (a) in order to attend a meeting of the Committee; or

 (b) in order to perform any business of the Committee on which he is engaged with the approval of the Minister;

travelling allowance in respect of the period of absence is payable to him at the rate of Twenty-eight dollars per day.

 (2) Where a member of a Committee performs any business of the Committee on which he is engaged with the approval of the Minister outside Australia and the Territories of the Commonwealth, he is entitled to be paid such allowances as he would be entitled to be paid if he were an officer of the Public Service of the Commonwealth and were included in the Second Division.

 (3) A member of a Committee who is entitled to be paid travelling allowance in respect of a period under the last preceding subregulation is not entitled to be paid travelling allowance in respect of that period under subregulation (1) of this regulation.

 (4) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.

Notes to the Australian Institute of Marine Science Regulations

Note 1

The Australian Institute of Marine Science Regulations (in force under the Australian Institute of Marine Science Act 1972) as shown in this compilation comprise Statutory Rules 1972 No. 128 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

1972 No. 128

3 Aug 1972

3 Aug 1972

 

1973 No. 67

29 Mar 1973

29 Mar 1973

1973 No. 225

22 Nov 1973

Rr. 1 and 2: 2 Apr 1973
R. 3: 22 Nov 1973

1992 No. 444

24 Dec 1992

1 Jan 1993

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 3.................

am. 1973 No. 67; 1992 No. 444

R. 4.................

rep. 1992 No. 444

R. 5.................

am. 1973 No. 225

 

rs. 1992 No. 444

R. 6.................

ad. 1973 No. 67

R. 7.................

ad. 1973 No. 67

 

am. 1973 No. 225

 

 

Overview

The Australian Institute of Marine Science Regulations, Statutory Rules 1972 No. 128, as amended, were enacted to provide detailed rules governing the financial remuneration and allowances for the Director and members of Committees under the Australian Institute of Marine Science Act 1972. This legislation was introduced to address the need for clear guidelines on the compensation and allowances for those involved in the administrative and operational activities of the Australian Institute of Marine Science. The Regulations were made by the Parliament under the authority of the Act, with the policy objective being to ensure that the remuneration and allowances are consistent with those applicable to senior public service officers and reasonably compensate for the time and effort required for their duties. These regulations apply to any period of office of a member on or after the first day of July 1972.

Scope and Application

The Australian Institute of Marine Science Regulations, made under the Australian Institute of Marine Science Act 1972, govern the allowances, fees, and other entitlements for the Director and members of Committees associated with the Australian Institute of Marine Science. These Regulations apply to any period of office commencing on or after 1 July 1972. The scope of the Regulations includes the allowances payable to the Director, fees for members of Committees for attending meetings, and allowances for travel and other expenses incurred by Committee members while performing their duties. Notably, the allowances for the Director are aligned with those for officers of the Senior Executive Service in the Australian Public Service, and specific fee rates are stipulated for Committee members based on the duration of meetings or engagement in Committee business. The Regulations also cover allowances for travel and other expenses incurred by Committee members while performing their duties, including provisions for travel outside Australia and the Territories of the Commonwealth. These Regulations apply nationally, as they are made under Commonwealth legislation.

Key Provisions

The Australian Institute of Marine Science Regulations, which are made under the Australian Institute of Marine Science Act 1972, outline the allowances and fees applicable to the Director and members of Committees within the Institute. The Regulations specify the allowances payable to the Director, fees for members attending Committee meetings, and allowances for travel and other expenses incurred by Committee members. Section 5 of the Regulations establishes that the allowances payable to the Director, other than travelling allowances, are equivalent to those payable to an officer of the Senior Executive Service in the Australian Public Service (subsection 24(2) of the Act). Section 6 details the fees payable to Committee members for each day they attend a meeting or are engaged on Committee business. For meetings lasting less than three hours, the fee is Twenty dollars, while meetings longer than three hours or business engagements of less than three hours also attract a fee of Twenty dollars. Meetings exceeding three hours or business engagements longer than three hours incur a fee of Thirty-five dollars. In addition to these fees, Section 7 of the Regulations outlines the travelling and other allowances for Committee members. If a member is absent overnight from their residence to attend a Committee meeting or perform Committee business, they are entitled to a travelling allowance of Twenty-eight dollars per day. For business performed outside Australia and the Commonwealth Territories, members are entitled to allowances equivalent to those for officers in the Second Division of the Commonwealth Public Service. These allowances are in addition to the cost of conveyance. The Regulations impose specific obligations on the parties they govern, primarily concerning the financial entitlements of the Director and Committee members. The Director must ensure compliance with the allowances stipulated in Section 5, while Committee members are entitled to the specified fees and allowances as per Sections 6 and 7. Failure to adhere to these provisions may result in legal consequences, although the Regulations themselves do not explicitly outline penalties for non-compliance. However, breaches of related provisions in the Act or other applicable legislation may result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for such breaches are not specified within these Regulations but would be outlined in the primary Act or other relevant legal frameworks.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Fees
Allowances
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