Statutory Rules
1975 No. 12
REGULATIONS UNDER THE CITIES COMMISSION ACT 1972-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Cities Commission Act 1972-1973.
Dated this twenty-third day of January, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
TOM UREN
Minister of State for Urban and Regional Development.
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Amendments of the Cities Commission Regulations †
Living allowance of Chairman.
1. Regulation 5 of the Cities Commission Regulations is amended by omitting from paragraph (b) the word and figures “ 31st July, 1974 ” and substituting the word and figures “ 30 September 1974 ”.
2. After regulation 5 of the Cities Commission Regulations, the following regulations are added:—
Definition.
“ 6. In regulations 7 and 8, ‘the Committee’ means the Cities Commission Advisory Committee constituted under section 14 of the Cities Commission Act 1972-1973.
Fees payable to members of Committee.
“ 7. The fee payable to a member of the Committee, other than a member who is a Commissioner, in respect of a day on which he attends a meeting of the Committee, is—
(a) if the duration of the meeting is less than 3 hours—$20; or
(b) in any other case—$35.
Travelling allowance of members of Committee.
“ 8. (1) Subject to sub-regulation (2), where a member of the Committee, other than a member who is a Commissioner, is necessarily absent overnight from the city in which he ordinarily resides in the course of performing his duties, travelling allowance is payable to him at the rate of $28 per day.
* Notified in the Australian Government Gazette on 4 February 1975.
† Statutory Rules 1973, No. 142, as amended by Statutory Rules 1973, No. 225.
“ (2) The member of the Committee who is, at the date of commencement of this regulation, the Chairman of the Australian Universities Commission shall be paid, in respect of any period during which he is necessarily absent overnight from the city in which he normally resides in the course of performing his duties (being a period that ends before 15 June 1974), in lieu of the travelling allowance payable under sub-regulation (1), travelling allowance at the rate at which travelling allowance would be payable to him if he were the Secretary to the Department of Urban and Regional Development.
“ (3) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.”.
Commencement.
3. (1) The amendment effected by regulation 1 shall be deemed to have come into operation on 1 August 1974.
(2) Regulation 2 shall be deemed to have come into operation on 7 June 1973.
Overview
Statutory Rules 1975 No. 12, made under the Cities Commission Act 1972-1973, were introduced to provide specific regulations concerning the living allowance, fees, and travel allowances for members of the Cities Commission Advisory Committee. Enacted by the Governor-General of Australia, acting on the advice of the Executive Council, these regulations aim to clarify and update the financial entitlements for committee members in their advisory roles. The policy objective of these regulations is to ensure that members of the Committee are appropriately compensated for their time and travel expenses incurred in the course of their duties, thereby facilitating effective and efficient governance and advisory functions under the Cities Commission Act.
Scope and Application
The Statutory Rules 1975 No. 12 made under the Cities Commission Act 1972-1973 modify the Cities Commission Regulations, primarily focusing on the living allowance of the Chairman, as well as the fees and allowances payable to members of the Cities Commission Advisory Committee. These regulations apply to individuals who are members of the Committee, excluding those who are also Commissioners. The scope of the Act is national, operating within the Commonwealth jurisdiction. The amendments set out specific fees for attendance at Committee meetings, with $20 payable for meetings lasting less than 3 hours and $35 for longer meetings. Additionally, a travelling allowance of $28 per day is specified for members who are required to stay overnight away from their usual place of residence due to their duties, with an exception for the Chairman of the Australian Universities Commission, who is entitled to a higher allowance equivalent to that of the Secretary to the Department of Urban and Regional Development until 15 June 1974. These regulations came into effect on specific dates as noted within the amendment provisions, with certain changes deemed to have retroactive effect from 1 August 1974 and 7 June 1973.
Key Provisions
The Statutory Rules 1975 No. 12, under the Cities Commission Act 1972-1973, bring several amendments to the Cities Commission Regulations. Regulation 5 is amended to change the date from the 31st of July, 1974 to the 30th of September, 1974 (Reg. 1). New regulations are added, defining key terms and establishing fees and allowances for members of the Cities Commission Advisory Committee (Reg. 2).
Under these new regulations, a member of the Committee, excluding those who are also Commissioners, will be paid a fee of $20 if they attend a meeting lasting less than three hours or $35 for meetings lasting three hours or more (Reg. 7). Additionally, members of the Committee who are required to stay overnight away from their usual city of residence while performing their duties are entitled to a travelling allowance of $28 per day (Reg. 8(1)). The allowance is separate from the cost of transportation and is payable in addition to any other allowance or reimbursement.
The obligations imposed by these regulations are primarily financial, requiring the payment of fees and allowances to Committee members under specified conditions. The Cities Commission or the responsible authority must ensure these payments are made in accordance with the regulations. The regulations also clarify the definitions and scope of who is entitled to these allowances and fees, ensuring there is no ambiguity in their application.
Failure to comply with these regulations may result in legal consequences, although specific offences, penalties, or consequences are not explicitly stated in the text. However, non-compliance with legislative instruments often results in civil or administrative penalties, depending on the nature and severity of the breach. In cases of serious or repeated non-compliance, the maximum penalties could include fines or other administrative sanctions as prescribed by the relevant Act or other legislative provisions.