STATUTORY RULES.
1921. No. 57.
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COMMONWEALTH PUBLIC SERVICE REGULATIONS (FOURTH AMENDMENT, 1921).
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1918, to come into operation forthwith.
Dated this sixteenth day of March, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL.
Amendment of Commonwealth Public Service Regulations.
Regulation 157 of the Commonwealth Public Service Regulations is repealed, and the following regulation inserted in its stead:—
“157. Officers not in receipt of forage or equipment allowance who use their own motor cars or cycles when travelling on public business, or any officer whose motor car or cycle is used for such purpose; may be allowed in respect thereof payment at the following rates:—
Motor car................................... | 8d. per mile |
Motor cycle with side car......................... | 5d. per mile |
Motor cycle.................................. | 4d. per mile |
Bicycle..................................... | 3d. per mile |
Provided that where the distance travelled on any journey by bicycle exceeds 20 miles, the allowance shall be at the rate of l½d. for each additional mile. Provided also that the Commissioner may increase the rates prescribed by this regulation in any case in which he is satisfied that they are inadequate.
Proof must be given that the use of a motor car, motor cycle, or bicycle results in greater efficiency and saving than would be the case were other means of conveyance employed.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Commonwealth Public Service Regulations (Fourth Amendment, 1921) was enacted to address the issue of providing allowances for Commonwealth public servants who use their own motor cars, motor cycles, or bicycles for official travel. This legislative instrument amends the existing Commonwealth Public Service Regulations by repealing Regulation 157 and introducing new provisions for reimbursement rates based on the type of vehicle used. The regulation was made under the authority of the Commonwealth Public Service Act 1902-1918 and came into effect immediately upon enactment. The policy objective is to ensure that public servants are adequately compensated for the use of their personal vehicles in the execution of their duties, provided that such use results in greater efficiency and savings compared to other means of transportation.
Scope and Application
The Commonwealth Public Service Regulations (Fourth Amendment, 1921) applies to officers within the Commonwealth Public Service who utilise their own motor cars, cycles, or bicycles for public business travel and are not receiving a forage or equipment allowance. These regulations provide specific rates of payment for the use of these modes of transportation, with a provision that allows the Commissioner to increase these rates if deemed inadequate. The allowance rates are 8 pence per mile for motor cars, 5 pence per mile for motor cycles with side cars, 4 pence per mile for motor cycles, and 3 pence per mile for bicycles, with a higher rate of 1½ pence per mile for bicycle travel exceeding 20 miles. Proof must be provided that the use of these personal vehicles results in greater efficiency and savings compared to other means of conveyance. The regulations extend to the entire Commonwealth, affecting all officers within the scope of the Commonwealth Public Service Act 1902-1918, and are applicable regardless of state or territory boundaries.
Key Provisions
The main operative sections of this legislative instrument involve the amendment of Regulation 157 of the Commonwealth Public Service Regulations (Regulation 1). This amendment introduces new rates for payment to officers who use their own motor cars, cycles, or bicycles for public business travel (Regulation 157). Specifically, the regulation outlines different rates per mile for motor cars (8d), motor cycles with side cars (5d), motor cycles (4d), and bicycles (3d). If the distance travelled by bicycle exceeds 20 miles, the rate increases to 1½d for each additional mile (Regulation 157). It also allows for the Commissioner to adjust these rates if they are deemed inadequate (Regulation 157). Additionally, it requires proof that the use of these personal vehicles results in greater efficiency and savings compared to other modes of transportation (Regulation 157).
This Act imposes several obligations on officers using their own vehicles for public business travel. Firstly, they must provide evidence that their use of personal vehicles leads to greater efficiency and cost savings compared to other means of transportation (Regulation 157). Secondly, the officers are entitled to receive payments at the specified rates for each mile travelled (Regulation 157). If the journey by bicycle exceeds 20 miles, they are entitled to an increased rate for the additional distance (Regulation 157). The Commissioner has the authority to increase the payment rates if they are found to be insufficient (Regulation 157). The regulation also mandates that the Commissioner may only approve payments if the proof of efficiency and savings is substantiated (Regulation 157).
In terms of offences, penalties, or consequences for breach, the Act does not explicitly state any criminal penalties for non-compliance with the outlined regulations. However, failure to provide the required proof of efficiency and savings when claiming payments could result in the denial of the reimbursement claim. Additionally, any misuse of public funds by falsely claiming payments without the necessary proof could potentially lead to disciplinary actions or other civil consequences. The Act does not specify maximum penalties, but such actions could be subject to the broader provisions of the Commonwealth Public Service Act 1902-1918 and other relevant laws.