EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 139
Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment)
Issued with the authority of the Public Service Board
Sub-section 29(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 enables the Governor-General to make regulations prescribing all matters which are required or permitted to be prescribed.
The Act applies to officers and employees under the Public Service Act and to staff of prescribed Commonwealth authorities. Sub-section 3(1) of the Act defines ‘prescribed Commonwealth authority’ to mean, insofar as is relevant, an authority or other body that is declared by the regulations to be a prescribed Commonwealth authority for the purposes of the Act.
Regulation 2A of the regulations declares the prescribed Commonwealth authorities. The list currently in force contains misdescriptions of two of these authorities which are to be rectified by the regulation. The first misdescription is in the title ‘Housing Loans Insurance Commission’, which should be the ‘Housing Loans Insurance Corporation’, whilst the second is the title ‘Canberra Showground Trust’ which is now the ‘National Exhibition Centre Trust’ consequent upon the National Exhibition Centre Trust Ordinance 1982 of the Australian Capital Territory.
The regulation will repeal regulation 2A and insert a new list of authorities with the misdescriptions corrected.
Overview
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) 1983 was enacted to correct misdescriptions of prescribed Commonwealth authorities within the Commonwealth Employees (Redeployment and Retirement) Act 1979. This amendment was introduced to rectify inaccuracies in the titles of two authorities listed under the original regulation, thereby ensuring that the regulations accurately reflect the current legal titles of these entities. The regulation is issued under the authority of the Public Service Board, in accordance with the enabling provision found in Sub-section 29(1) of the Act. The objective is to ensure the precise identification of authorities covered under the Act, thereby maintaining the integrity and applicability of the regulations to the intended entities.
The necessary changes are to be made by repealing regulation 2A and inserting an updated list of authorities with the corrected titles, specifically updating the ‘Housing Loans Insurance Commission’ to the ‘Housing Loans Insurance Corporation’ and the ‘Canberra Showground Trust’ to the ‘National Exhibition Centre Trust’ as per the National Exhibition Centre Trust Ordinance 1982 of the Australian Capital Territory.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1983 No. 139 pertains to the correction of misdescriptions in the list of prescribed Commonwealth authorities under the Commonwealth Employees (Redeployment and Retirement) Act 1979. The Act applies to officers and employees governed by the Public Service Act, as well as staff of prescribed Commonwealth authorities. The amendment rectifies two misdescriptions: the 'Housing Loans Insurance Commission' should correctly be referred to as the 'Housing Loans Insurance Corporation', and the 'Canberra Showground Trust' should be the 'National Exhibition Centre Trust' following the National Exhibition Centre Trust Ordinance 1982 of the Australian Capital Territory. Regulation 2A will be repealed and replaced with an updated list of authorities, correcting these errors. This amendment ensures the accuracy and effectiveness of the regulations in identifying the relevant authorities covered by the Act.
Key Provisions
The key provisions of the Commonwealth Employees (Redeployment and Retirement) Regulations (Amendment) Statutory Rules 1983 No 139 primarily focus on correcting misdescriptions within the existing regulations. Regulation 2A, which currently lists prescribed Commonwealth authorities, contains two errors. First, the ‘Housing Loans Insurance Commission’ should be identified as the ‘Housing Loans Insurance Corporation’. Second, the ‘Canberra Showground Trust’ should be identified as the ‘National Exhibition Centre Trust’ as per the National Exhibition Centre Trust Ordinance 1982 of the Australian Capital Territory. This amendment seeks to rectify these inaccuracies to ensure that the regulations accurately reflect the current legal entities involved.
The obligations imposed by these regulations are primarily administrative and require the correction of the misdescriptions in Regulation 2A. This involves repealing the existing regulation and inserting a new version that accurately lists the prescribed Commonwealth authorities. The regulations do not impose additional obligations on the officers, employees, or the authorities themselves, but rather ensure that the legal framework accurately describes the entities involved.
Breaches of these regulations, if they were to occur, could potentially lead to confusion and legal uncertainty regarding the applicability of the Commonwealth Employees (Redeployment and Retirement) Act 1979 to the listed authorities. While the regulations themselves do not explicitly outline offences or penalties for non-compliance, any resultant confusion or errors in the application of the Act could lead to administrative issues or legal challenges. It is important for the authorities and the employees governed by these regulations to ensure that they are operating within the correct legal framework as amended.