Statutory Rules
1976 No. 208
REGULATIONS UNDER THE AUSTRALIAN TOURIST COMMISSION ACT 1967.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Tourist Commission Act 1967.
Dated this twenty-second day of September, 1976.
JOHN R. KERR
Governor -General.
By His Excellency’s Command,
ROBERT COTTON
Minister of State for Industry and Commerce.
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AUSTRALIAN TOURIST COMMISSION REGULATIONS
Citation.
1. These Regulations may be cited as the Australian Tourist Commission Regulations.
Definition.
2. In these Regulations, “ the Act ” means the Australian Tourist Commission Act 1967.
Allowances payable to Chairman and other members.
3. There shall be payable to the Chairman or other member in respect of the performance of his duties—
(a) when, in Australia or an external Territory, necessarily absent overnight from the city in which he normally resides, travelling allowance at the rate of $34 per day, in the case of the Chairman, or $28 per day, in the case of another member, in addition to the cost of conveyance; and
(b) when outside Australia and the external Territories, such allowances as would be payable in those circumstances to the Permanent Head of the Department of Industry and Commerce, in the case of the Chairman, or to an officer of the Second Division of the Australian Public Service, in the case of another member.
Allowances payable to General Manager.
4. There shall be payable to the General Manager in respect of the performance of his duties—
(a) when, in Australia or an external Territory, necessarily absent overnight from the city in which he normally resides, travelling allowance at the rate per day applicable to an officer in the Second Division of the Australian Public Service, in addition to the cost of conveyance;
* Notified in the Australian Government Gazette on 28 September 1976.
(b) when outside Australia and the external Territories, such allowances as would be payable in those circumstances to an officer in the Second Division of the Australian Public Service; and
(c) such allowances, other than travelling allowance, but including a meal allowance, as would be payable to him if he were employed by the Commission under sub-section 19 (1) of the Act.
Performance of functions in relation to entitlement to allowances.
5. Any function that in relation to an entitlement to an allowance referred to in paragraph 3 (b) or 4 (b) may be performed by the Chief Officer of a Department, or the Public Service Board may be performed in relation to an entitlement given by one of those paragraphs by the Chairman or the Commission respectively.
Application.
6. Subject to the Remuneration Tribunals Act 1973, these Regulations apply in relation to the performance of duty by a member or the General Manager on or after 18 October 1974.
Overview
The Australian Tourist Commission Regulations 1976 were introduced to provide a framework for allowances payable to the Chairman, other members, and the General Manager of the Australian Tourist Commission under the Australian Tourist Commission Act 1967. Enacted by the Governor-General on the advice of the Federal Executive Council, these regulations address the need for clear guidelines on the allowances and entitlements for the commission's officials in the performance of their duties, both domestically and internationally. The objective is to ensure that the allowances are consistent with those provided to comparable officers within the Australian Public Service, thus maintaining fairness and equity in remuneration for these roles.
Scope and Application
The Australian Tourist Commission Regulations, which are made under the Australian Tourist Commission Act 1967, provide for the allowances payable to the Chairman, other members, and the General Manager of the Australian Tourist Commission for their duties. These regulations apply to the performance of duties by these individuals on or after 18 October 1974, subject to the Remuneration Tribunals Act 1973. The regulations specify the rates and conditions for travelling allowances when the Chairman or other members are necessarily absent overnight from their normal residence in Australia or an external Territory, and also when they are outside Australia and the external Territories. Similarly, the regulations detail the allowances payable to the General Manager under similar circumstances. The scope of the regulations is confined to the allowances provided to the Chairman, other members, and the General Manager of the Australian Tourist Commission for their official duties, without extending to other entities or individuals. The regulations' application is limited to the Australian context, including its external Territories, and do not include specific exclusions or thresholds beyond what is stated in the regulations themselves.
Key Provisions
The Australian Tourist Commission Regulations, as promulgated under the Australian Tourist Commission Act 1967, detail specific allowances and entitlements for the Chairman, members, and the General Manager of the Australian Tourist Commission. Section 3 specifies that the Chairman is entitled to a daily travelling allowance of $34 when absent overnight from their normal city of residence within Australia or an external territory, while other members receive $28. Outside Australia and its territories, allowances are equivalent to those for the Permanent Head of the Department of Industry and Commerce for the Chairman, and an officer of the Second Division of the Australian Public Service for other members. Section 4 outlines that the General Manager is entitled to a daily travelling allowance equivalent to that of an officer in the Second Division of the Australian Public Service when absent overnight within Australia or an external territory, and allowances similar to those of such officers when outside these areas. Additionally, the General Manager receives meal allowances and other applicable allowances under subsection 19(1) of the Act.
The Regulations impose obligations on the Australian Tourist Commission to ensure that the specified allowances are paid to the Chairman, members, and the General Manager for duties performed. Section 5 allows the Chairman or the Commission to perform certain functions related to entitlements to allowances, functions that might otherwise be performed by the Chief Officer of a Department or the Public Service Board. These functions pertain to allowances outlined in sections 3(b) and 4(b). The Regulations are subject to the Remuneration Tribunals Act 1973 and apply to duties performed on or after 18 October 1974.
Failure to comply with the provisions of these Regulations may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the Regulations themselves, breaches of statutory requirements under the Australian Tourist Commission Act 1967 or the Remuneration Tribunals Act 1973 could potentially lead to civil or administrative penalties. The precise penalties would depend on the nature and severity of the breach, as well as any relevant statutory provisions or judicial interpretations.