Automotive Industry Authority Regulations 1992 No. 437
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 437
Issued by Authority of the Minister for Industry, Technology and Commerce Automotive Industry Authority Act 1984
Automotive Industry Authority Regulations
Subsection 12(1) of the Automotive Industry Authority Act 1984 (the Act) provides that the Automotive Industry Authority (the Authority) shall consist of
(a) a senior member; and
(b) another member or, where the regulations declare that the Authority is to consist of a prescribed number of members in addition to the senior member, that number of other members.
Subsection 16(1) of the Act provides that the senior member, the other member or members and the associate members shall be paid such allowances as are prescribed.
The purpose of the Regulations is to change the structure of the Authority from 4 members to 2 members, and to prescribe the allowances to be paid to the full-time member.
Details of the Regulations are as follows:
Regulation 1 provides that the Regulations may be cited as the Automotive Industry Authority Regulations.
Regulation 2 provides that the Regulations commence on 1 January 1993.
Regulation 3 provides that reference to "the Act" means the Automotive Industry Authority Act 1984.
Regulation 4 prescribes the allowances payable to a full-time member of the Authority as being the same as the allowances that are payable to an officer of the Senior Executive Service in the Australian Public Service.
Regulation 5 repeals Statutory Rules 1984 No 301 and 1988 No. 362 which provide that the Authority is to consist of 3 members in addition to the Senior Member. The effect of the repeal is that, by virtue of section 12(1) of the Act, the Authority will consist of a senior member and one other member.
Overview
The Automotive Industry Authority Regulations 1992 No. 437 were enacted to amend the structure of the Automotive Industry Authority as established under the Automotive Industry Authority Act 1984. This legislative instrument, issued under the authority of the Minister for Industry, Technology and Commerce, was introduced to streamline the Authority's composition and update the allowances for its members. The primary policy objective of these regulations is to reduce the number of members from four to two, consisting of a senior member and one other member, while aligning the allowances paid to the full-time member with those of an officer of the Senior Executive Service in the Australian Public Service. These changes aim to enhance the efficiency and effectiveness of the Authority in regulating the automotive industry.
Scope and Application
The Automotive Industry Authority Regulations 1992 No. 437 apply to the members of the Automotive Industry Authority, which is constituted under the Automotive Industry Authority Act 1984. These regulations primarily modify the structure of the Authority by reducing its membership from four to two: a senior member and one other member, as opposed to the previous configuration of a senior member and three other members. This regulatory change is intended to streamline the decision-making process within the Authority. The Act, and consequently the Regulations, apply at the Commonwealth level, influencing entities and persons within the Australian automotive industry. The scope of the Act encompasses the allowances and remuneration for the members of the Authority, ensuring they are in line with the standards set for officers of the Senior Executive Service in the Australian Public Service, as prescribed in the Regulations. The regulations also serve to repeal earlier rules that had established a different membership structure, thereby updating the legislative framework to reflect the current operational requirements of the Authority.
Key Provisions
The main operative sections of the Automotive Industry Authority Regulations 1992 No. 437 detail changes to the composition and remuneration of the Automotive Industry Authority. Regulation 4 specifies that the allowances payable to a full-time member of the Authority are equivalent to those of an officer in the Senior Executive Service within the Australian Public Service. This regulation ensures that the remuneration for members of the Authority is aligned with other senior positions within the public sector. Regulation 5 repeals previous regulations (Statutory Rules 1984 No. 301 and 1988 No. 362) that had established the Authority with more than two members, thereby reducing the number of members to two: a senior member and one other member, as per section 12(1) of the Automotive Industry Authority Act 1984.
The Regulations impose specific obligations on the parties involved. Firstly, the Authority must now consist of only two members: a senior member and one other member, as per the changes implemented by Regulation 5. This structural change aims to streamline decision-making processes within the Authority. Additionally, under Regulation 4, the allowances for full-time members of the Authority are mandated to be the same as those provided to officers in the Senior Executive Service within the Australian Public Service. This ensures consistency in compensation practices and aligns the Authority's remuneration structure with broader public sector standards.
The Regulations do not explicitly outline offences, penalties, or civil/criminal consequences for breaches within the text provided. However, breaches of statutory provisions under the Automotive Industry Authority Act 1984 or the Automotive Industry Authority Regulations 1992 No. 437 could potentially lead to legal repercussions, depending on the nature and severity of the breach. Typically, such breaches might result in fines, legal actions, or other penalties as prescribed by the relevant legislation or determined by a court of law. The specific penalties would depend on the context and the discretion of the enforcing authority or judicial body.